99-21936. Oklahoma: Incorporation by Reference of State Hazardous Waste Management Program  

  • [Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
    [Rules and Regulations]
    [Pages 46567-46571]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-21936]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 272
    
    [FRL-6423-8]
    
    
    Oklahoma: Incorporation by Reference of State Hazardous Waste 
    Management Program
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Immediate final rule.
    
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    SUMMARY: Under the Resource Conservation and Recovery Act of 1976, as 
    amended (RCRA), the EPA may grant States Final Authorization to operate 
    their hazardous waste management programs in lieu of the Federal 
    program.
        The EPA uses part 272 of Title 40 Code of Federal Regulations (CFR) 
    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 part of the authorized State program. Thus, EPA 
    intends to revise and incorporate by reference the Oklahoma authorized 
    State program in 40 CFR part 272. The purpose of this action is to 
    incorporate by reference into the CFR the currently authorized State 
    hazardous waste program in Oklahoma. This document incorporates by 
    reference provisions of State hazardous waste statutes and regulations 
    and clarifies which of these provisions are included in the authorized 
    and Federally enforceable program. In addition, today's document 
    corrects technical errors made in the table of authorities published in 
    the September 22, 1998 (63 FR 50528) authorization notice for Oklahoma.
    
    DATES: This action is effective on October 25, 1999 without further 
    notice unless EPA receives relevant adverse comments by September 27, 
    1999. If adverse comments are received, EPA will publish a timely 
    withdrawal of the immediate final rule or identify the issues raised, 
    respond to the comments and inform the public that the rule will not 
    take effect. The incorporation by reference of certain Oklahoma 
    statutes and regulations was approved by the Director of the Federal 
    Register as of October 25, 1999 in accordance with 5 U.S.C. 552(a) and 
    1 CFR part 51.
    
    ADDRESSES: Written comments referring to Document Number OK99-2 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 75202-2733, 
    phone (214) 665-8533. Copies of Oklahoma program revisions and 
    materials which EPA used in evaluating the revisions 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, 707 North Robinson, Oklahoma City, Oklahoma 
    73101-1677, Phone number: (405) 702-7180 and EPA Region 6 Library, 1445 
    Ross Avenue, Dallas, Texas 65202, Phone number: (214) 665-6444.
    
    FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 
    Authorization Coordinator, Grants and Authorization Section (6PD-G), 
    Multi-Media Planning and Permitting Division, EPA Region 6, 1445 Ross 
    Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Corrections
    
    A. Corrections to the September 22, 1998 (63 FR 50528) Authorization 
    Document
    
        There were typographical and effective date errors in the table 
    published as part of the September 22, 1998 (63 FR 50528) authorization 
    document for Oklahoma. The affected entries for that table are as 
    follows:
        1. All references to ``Sec. 2-7-104'' are corrected to ``Sec. 2-2-
    104'';
        2. All references to the permanent effective date of ``June 1, 
    1997'' are corrected to ``June 2, 1997'';
        3. Specific to Checklist 137 (Item 3), a. the reference to ``Sec. 
    2-7-107(10)'' is corrected to ``Sec. 2-7-107A(10)'';
        b. the phrase ``and (60 FR 242) January 3, 1995'' should be 
    inserted after ``September 19, 1994;
        4. Specific to Checklist 140 (Item 5), the phrase ``and (60 FR 
    25619) May 12, 1995'' should be inserted after ``April 17, 1995'';
        5. Specific to Checklist 141 (Item 6), the reference to ``emergency 
    effective date 1, 1996'' is corrected to ``emergency effective date 
    August 1, 1996.''
    
    II. Incorporation By Reference
    
    A. Background
    
        Effective December 13, 1993 (58 FR 52679) and July 14, 1998 (63 FR 
    23673), EPA incorporated by reference Oklahoma's then authorized 
    hazardous waste program. Effective November 23, 1998 (63 FR 50528), EPA 
    granted authorization to Oklahoma for additional program revisions. In 
    this document, EPA is incorporating the currently authorized State 
    hazardous waste program in Oklahoma.
        The EPA provides notice of its approval of State programs in 40 CFR 
    part 272 and incorporates by reference therein the State statutes and 
    regulations that are part of the authorized State program under RCRA. 
    This effort will provide clearer notice to the public of the scope of 
    the authorized program in Oklahoma. Such notice is particularly 
    important in light of Hazardous Waste and Solid Waste Amendments of 
    1984 (HSWA), Public Law 98-616. Revisions to State hazardous waste 
    programs are necessary when Federal statutory or regulatory authority 
    is modified. Because HSWA extensively amended RCRA, State programs must 
    be modified to reflect those amendments. By incorporating by reference 
    the authorized Oklahoma program and by amending the CFR whenever a new 
    or different set of requirements is authorized in Oklahoma, the status 
    of Federally
    
    [[Page 46568]]
    
    approved requirements of the Oklahoma program will be readily 
    discernible.
        The Agency will only enforce those provisions of the Oklahoma 
    Hazardous Waste Program for which authorization approval has been 
    granted by EPA.
    
    B. Oklahoma Authorized Hazardous Waste Program
    
        The EPA is revising the incorporation by reference of the Oklahoma 
    authorized hazardous waste program in subpart LL of 40 CFR part 272. 
    The State statutes and regulations are incorporated by reference at 40 
    CFR 272.1851(b)(1) and the Memorandum of Agreement, the Attorney 
    General's Statement and the Program Description are referenced at 
    Sec. 272.1851(b)(5), (b)(6) and (b)(7), respectively.
        The Agency retains the authority under sections 3007, 3008, 3013 
    and 7003 of RCRA to undertake enforcement actions in authorized States. 
    With respect to such an enforcement action, the Agency will rely on 
    Federal sanctions, Federal inspection authorities, and the Federal 
    Administrative Procedure Act rather than the authorized State analogues 
    to these requirements. Therefore, the Agency does not intend to 
    incorporate by reference for purposes of enforcement such particular, 
    authorized Oklahoma enforcement authorities. Section 272.1851(b)(2) of 
    40 CFR lists those authorized Oklahoma authorities that are part of the 
    authorized program but are not incorporated by reference.
        The public also needs to be aware that some provisions of the 
    State's Hazardous Waste Program are not part of the Federally 
    authorized State program. These non-authorized 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)); and
        (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.
        State provisions which are ``broader in scope'' than the Federal 
    program are not incorporated by reference for purposes of enforcement 
    in 40 CFR part 272. Section 272.1851(b)(3) of 40 CFR lists for 
    reference and clarity the Oklahoma statutory and regulatory provisions 
    which are ``broader in scope'' than the Federal program and which are 
    not, therefore, part of the authorized program being incorporated by 
    reference. ``Broader in scope'' provisions will not be enforced by EPA; 
    the State, however, will continue to enforce such provisions.
        Oklahoma has adopted but is not authorized for the Federal rule 
    regarding delisting published on July 15, 1985 (50 FR 28702); and the 
    Federal rules published in the FR on 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); February 18, 1992 (57 FR 5859), December 6, 1994 (59 FR 62896); 
    May 19, 1995 (60 FR 26828); and June 29, 1995 (60 FR 33912). Therefore, 
    these Federal amendments included in Oklahoma's adoption by reference 
    at 252:200-3-2(2) through 252:200-3-2(11) 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 today's FR 
    document.
        Since EPA cannot enforce a State's requirements which have not been 
    reviewed and approved according to the Agency's authorization 
    standards, it is important that EPA clarify any limitations on the 
    scope of a State's approved hazardous waste program. Thus, in those 
    instances where a State's method of adopting a Federal law by reference 
    has the effect of including unauthorized requirements, EPA will provide 
    this clarification by: (1) incorporating by reference the relevant 
    State legal authorities according to the requirements of the Office of 
    Federal Register; and (2) subsequently identifying in 
    Sec. 272.1851(b)(4) any requirements which while adopted and 
    incorporated by reference, are not authorized by EPA, and therefore are 
    not Federally enforceable. Thus, notwithstanding the language in the 
    Oklahoma hazardous waste regulations incorporated by reference at 
    Sec. 272.1851(b)(1), EPA would only enforce the State provisions that 
    are actually authorized by EPA. With respect to HSWA requirements for 
    which the State has not yet been authorized, EPA will continue to 
    enforce the Federal HSWA standards until the State receives specific 
    HSWA authorization from EPA.
    
    C. HSWA Provisions
    
        As noted above, the Agency is not amending 40 CFR part 272 to 
    include HSWA requirements and prohibitions that are immediately 
    effective in Oklahoma and other States. Section 3006(g) of RCRA 
    provides that any requirement or prohibition of HSWA (including 
    implementing regulations) takes effect in authorized States at the same 
    time that it takes effect in non-authorized States. Thus, EPA has 
    immediate authority to implement a HSWA requirement or prohibition once 
    it is effective.
        A HSWA requirement or prohibition supercedes any less stringent or 
    inconsistent State provision which may have been previously authorized 
    by EPA (50 FR 28702, July 15, 1985). Because of the vast number of HSWA 
    statutory and regulatory requirements taking effect over the next few 
    years, EPA expects that many previously authorized and incorporated by 
    reference State provisions will be affected. The States are required to 
    revise their programs to adopt the HSWA requirements and prohibitions 
    by the deadlines set forth in 40 CFR 271.21, and then to seek 
    authorization for those revisions pursuant to 40 CFR part 271. The EPA 
    expects that the States will be modifying their programs substantially 
    and repeatedly. Instead of amending the 40 CFR part 272 every time a 
    new HSWA provision takes effect under the authority of RCRA section 
    3006(g), 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. In the interim, 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.
        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 clarify the extent 
    of Federal enforcement authority. This will be particularly true as 
    more State program revisions to adopt HSWA provisions are authorized.
    
    III. Administrative Requirements
    
    A. Executive Order (E.O.) 12866
    
        The Office of Management and Budget (OMB) has exempted this rule 
    from the requirements of E.O. 12866.
    
    B. Executive Order 13045
    
        Executive Order 13045, ``Protection of Children From Environmental 
    Health Risks and Safety Risks,'' applies to any rule that: (1) the OMB 
    determines is ``economically significant'' as defined under E.O. 12866, 
    and (2) concerns an environmental health or safety risk that 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
    
    [[Page 46569]]
    
    and reasonably feasible alternatives considered by the Agency.
        This rule is not subject to E.O. 13045 because it is not an 
    economically significant rule as defined by E.O. 12866, and because it 
    does not involve decisions based on environmental health or safety 
    risks.
    
    C. Executive Order 13084
    
        Under E.O. 13084, EPA may not issue a regulation that is not 
    required 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 
    costs incurred by the tribal governments, or EPA provides to the OMB a 
    description of the prior consultation and communications the agency has 
    had with representatives of tribal governments and a statement 
    supporting the need to issue the regulation. In addition, E.O. 13084 
    requires EPA to develop an effective process permitting elected 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.
        This rule is not subject to E.O. 13084 because it does not 
    significantly or uniquely affect the communities of Indian tribal 
    governments. Oklahoma is not authorized to implement the RCRA hazardous 
    waste program in Indian country. This action has no effect on the 
    hazardous waste program that EPA implements in Indian country within 
    the State.
    
    D. Unfunded Mandates Reform Act
    
        Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
    Law 104-4, establishes requirements for Federal agencies to assess the 
    effects of certain regulatory actions on State, local, and tribal 
    governments and the private sector. Under sections 202 and 205 of the 
    UMRA, EPA generally must prepare a written statement of economic and 
    regulatory alternatives analyses for proposed and final rules with 
    Federal mandates, as defined by the UMRA, 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.
        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 in the aggregate, 
    or the private sector. This rule merely incorporates by reference 
    existing requirements with which regulated entities must already comply 
    under State and Federal law. Costs to State, local and/or tribal 
    governments already exist under the Oklahoma program, and today's 
    action does not impose any additional obligations on regulated 
    entities. 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 section 203 of UMRA also do not apply to 
    today's action because it 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 treatment, storage, and disposal facilities, this 
    codification incorporates into the CFR Oklahoma's requirements which 
    EPA already authorized under 40 CFR part 271. Small governments are not 
    subject to any additional significant or unique requirements by virtue 
    of today's action.
    
    E. 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 codification 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 subject to the State 
    requirements authorized by EPA under 40 CFR part 271. The EPA's 
    codification does not impose any additional burdens on these small 
    entities.
        Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
    certifies that this codification will not have a significant economic 
    impact on a substantial number of small entities. This codification 
    incorporates by reference Oklahoma's requirements which have been 
    authorized by EPA under 40 CFR part 271 into the CFR. It does not 
    impose any new burdens on small entities. This rule, therefore, does 
    not require a regulatory flexibility analysis.
    
    F. 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 will submit 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).
    
    G. Paperwork 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 regulated community.
    
    H. 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 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 EPA 
    to provide Congress, through OMB, explanations when the Agency decides 
    not to use available and applicable voluntary consensus standards.
        This action does not involve technical standards. Therefore, EPA 
    did not consider the use of any voluntary consensus standards.
    
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    List of Subjects in 40 CFR Part 272
    
        Environmental protection, Administrative practice and procedure, 
    Confidential business information, Hazardous waste, Hazardous waste 
    transportation, Incorporation by reference, 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: June 24, 1999.
    Jerry Clifford,
    Acting Regional Administration, Region 6.
        For the reasons set forth in the preamble, 40 CFR part 272 is 
    amended 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 of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 
    6974(b).
    
    Subpart LL [Amended]
    
        2. Subpart LL is amended by revising Sec. 272.1851 to read as 
    follows:
    
    
    Sec. 272.1851  Oklahoma State-Administered Program: Final 
    Authorization.
    
        (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
    granted Oklahoma final authorization for Base program 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, March 14, 1997, July 14, 1998, and November 23, 1998.
        (b) State Statutes and Regulations.
        (1) The Oklahoma statutes and regulations cited in this paragraph 
    are incorporated by reference as part of the hazardous waste management 
    program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
        (i) The EPA Approved Oklahoma Statutory Requirements Applicable to 
    the Hazardous Waste Management Program, November 1998.
        (ii) The EPA Approved Oklahoma Regulatory Requirements Applicable 
    to the Hazardous Waste Management Program, November 1998.
        (2) The following statutes and regulations concerning State 
    procedures and enforcement, although not incorporated by reference, are 
    part of the authorized State program:
        (i) Oklahoma Hazardous Waste Management Act, as amended, 27A 
    Oklahoma Statute (O.S.) 1997 Edition, effective August 30, 1996, 
    sections 2-2-104, 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), 2-7-110(A), 
    2-7-113.1, 2-7-115, 2-7-116(A), 2-7-116(G), 2-7-116(H)(1), 2-7-123, 2-
    7-126, 2-7-129, 2-7-130, 2-7-131 and 2-7-133.
        (ii) The Oklahoma Administrative Code, Title 252, Chapter 200, 1996 
    Edition, effective July 1, 1996: subchapter 1, section 252:200-1-1(b); 
    subchapter 11, section 252:200-11-2; and subchapter 13, sections 
    252:200-13-1 and 252:200-13-3.
        (iii) The Oklahoma Administrative Code, Title 252, Chapter 200, 
    1997 Supplement, effective June 2, 1997: subchapter 3, sections 
    252:200-3-2(1), 252:200-3-4(b)(1)-(3) and 252:200-3-4(b)(16).
        (3) 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 Statute (O.S.) 1997 Edition, effective August 30, 1996, 
    sections 2-7-119 and 2-7-121.
        (ii) The Oklahoma Administrative Code Title 252, Chapter 200, 1996 
    Edition, effective July 1, 1996: subchapter 8.
        (iii) The Oklahoma Administrative Code, Title 252, Chapter 200, 
    1997 Supplement, effective June 2, 1997: subchapter 13, section 
    252:200-13-4; subchapter 17; and 252:200 appendices B and C.
        (4) Unauthorized State Provisions: The State's adoption of the 
    Federal rules listed below, while incorporated by reference at 
    Sec. 272.1851(b)(1), is not approved by EPA and are, therefore, not 
    enforceable:
    
    ----------------------------------------------------------------------------------------------------------------
                   Federal requirement                 Federal Register reference           Publication date
    ----------------------------------------------------------------------------------------------------------------
    Delisting.......................................  50 FR 28702: Amendments to   07/15/85
                                                       260.22(a) through
                                                       260.22(e).
    Toxicity Characteristics; Hydrocarbon Recovery    55 FR 40834, 56 FR 3978, 56  10/05/90, 02/01/91, 04/02/91
     Operations.                                       FR 13406.
    Toxicity Characteristics; Chlorofluorocarbon      56 FR 5910.................  02/13/91
     Refrigerants.
    Administrative Stay for K069 Listing............  56 FR 19951................  05/01/91
    Amendments to Interim Status Standards for        56 FR 66365................  12/23/91
     Downgradient Ground-water Monitoring Well
     Locations.
    Administrative Stay for the Requirement that      57 FR 5859.................  02/18/92
     Existing Drip Pads Be Impermeable.
    Organic Air Emission Standards for Tanks,         59 FR 62896, 60 FR 26828...  12/06/94, 05/19/95
     Surface Impoundments, and Containers (Rules
     154.1 and 154.2).
    Removal of Legally Obsolete Rules...............  60 FR 33912................  06/29/95
    ----------------------------------------------------------------------------------------------------------------
    
        (5) Memorandum of Agreement. The Memorandum of Agreement between 
    EPA Region VI and the State of Oklahoma, signed by the EPA Regional 
    Administrator on August 4, 1998, is referenced as part of the 
    authorized hazardous waste management program under subtitle C of RCRA, 
    42 U.S.C. 6921 et seq.
        (6) Statement of Legal Authority. ``Attorney General's Statement 
    for Final Authorization,'' signed by the Attorney General of Oklahoma 
    on 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; and April 15, 1997, are referenced as part of the 
    authorized hazardous waste management program under subtitle C of RCRA, 
    42 U.S.C. 6921 et seq.
        (7) Program Description. The Program Description and any other 
    materials submitted as part of the original application or as 
    supplements thereto
    
    [[Page 46571]]
    
    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, State Requirements, 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 Statute 1997 Edition, effective August 30, 1996, 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) (except the last sentence 
    and the phrase,'' recycling'' in the first sentence), 2-7-
    111(C)(2)(a) (except the phrase ``Except as provided in subparagraph 
    b of this paragraph'' and the word ``recycling'' in the first 
    sentence), 2-7-111(D), 2-7-111(E) (except the word ``recycling'' in 
    the first sentence), 2-7-112, 2-7-116(B) through 2-7-116(F), 2-7-
    116(H)(2), 2-7-118(A), 2-7-124, 2-7-125 and 2-7-127.
        Copies of the Oklahoma statutes that are incorporated by 
    reference are available from West Publishing Company, 610 Opperman 
    Drive, P. O. Box 64526, St. Paul, Minnesota 55164-0526.
        The regulatory provisions include:
        The Oklahoma Administrative Code, Title 252, Chapter 200, 1996 
    Edition, effective July 1, 1996: subchapter 1, sections 252:200-1-
    1(a) and 252:200-1-2; subchapter 3, sections 252:200-3-5 and 
    252:200-3-6; subchapter 5, sections 252:200-5-3 and 252:200-5-5; 
    subchapter 7, sections 252:200-7-1 through 252:200-7-4; subchapter 9 
    (except 252:200-9-2, 252:200-9-6 and 252:200-9-7); subchapter 11, 
    sections 252:200-11-1 (except the phrases ``or off-site recycling'' 
    and ``(TSDRs)''), 252:200-11-3(a) (except the word ``recycling''), 
    252:200-11-3(b) through 252:200-11-3(d), 252:200-11-4(a)(1) (except 
    the phrases ``Except as otherwise provided in this section'' and 
    ``or recycling''), 252:200-11-4(a)(5) (except the phrase ``For the 
    purposes of this section''), 252:200-11-4(b) through 252:200-11-
    4(e); and subchapter 13, sections 252:200-13-2 introductory 
    paragraph, 252:200-13-2(1) and 252:200-13-2(2) first sentence.
        The Oklahoma Administrative Code Title 252, Chapter 200, 1997 
    Supplement, effective June 2, 1997: subchapter 3, sections 252:200-
    3-1, 252:200-3-2 (except 252:200-3-2(1)) and 252:200-3-4(a) and 
    252:300-3-4(b)(4)-(15); subchapter 5, sections 252:200-5-1, 252:200-
    5-4 and 252:200-5-6; and subchapter 9, section 252:200-9-2.
        Copies of the Oklahoma regulations that are incorporated by 
    reference can be obtained from The Oklahoma Register, Office of 
    Administrative Rules, Secretary of State, 101 State Capitol, 
    Oklahoma City, Oklahoma 73105.
    * * * * *
    [FR Doc. 99-21936 Filed 8-25-99; 8:45 am]
    BILLING CODE 6560-50-P