[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24856]


[[Page Unknown]]

[Federal Register: October 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5085-8]

 

Oklahoma: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

-----------------------------------------------------------------------

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. 
Oklahoma's application for the program revision is available for public 
review and comment.

DATES: This final authorization for Oklahoma shall be effective on 
December 21, 1994 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 November 21, 1994.

ADDRESSES: Written comments, referring to Docket Number OK-94-1, should 
be sent to Dick Thomas, Region 6 Authorization Coordinator, Grants and 
Authorization Section (6H-HS), RCRA Programs Branch, USEPA Region 6, 
First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, 
Dallas, Texas 75202, (214) 665-8528. 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.

FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 Authorization 
Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs 
Branch, USEPA Region 6, First Interstate Bank Tower at Fountain Place, 
1445 Ross Avenue, Dallas, Texas 75202, (214) 665-8528.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA or the Act''), 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 124, 260 through 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), and November 19, 1991 
(see 56 FR 47675). The authorized Oklahoma RCRA program was 
incorporated by reference into the Code of Federal Regulations 
effective December 13, 1993. On August 3, 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 Sec. 271.21(b)(3).
    Statutory authority is provided by the Oklahoma Hazardous Waste 
Management Act, as amended, 27A Oklahoma Statute (O.S.) Supplement 
1993, Secs. 2-7-101 et seq. The Act was amended May 28, 1993, and is 
expected to be amended this legislative session by Senate Bills 832 and 
997. Pursuant to this Act, the Oklahoma Department of Environmental 
Quality (DEQ) adopted by reference the Rules and Regulations for 
Hazardous Waste Management, Oklahoma Department of Health (ODH) 
Bulletin 0525, as amended on October 5, 1992. The Environmental Quality 
Board adopted these rules by reference and without amendment, under the 
emergency rulemaking procedures of the Administrative Procedures Act, 
75 O. S. Supp. 1992 Secs. 250 et seq. The Governor signed the emergency 
rulemaking action with an effective date of July 1, 1993.
    On November 24, 1993, the Environmental Quality Board adopted 
permanent rules, Oklahoma Administrative Code (OAC) Title 252 Chapter 
200 (Rules) with an effective date of May 26, 1994. The Rules are a 
slightly modified version of the former rules which were adopted by 
reference from ODH Bulletin 0525. Modifications include changing 
references of Oklahoma State Department of Health to the Department of 
Environmental Quality, Commissioner of Health to Executive Director, 
310:270 to 252:200, and references of former statutory authority to 
present statutory authority. Substantive changes are found in former 
OAC 310:270-11-2 ``County Commissioner Involvement In Permit 
Issuance'', Tables 1, 2, and 3.B, dealing with fees, and Subchapter 17, 
which addresses tax credits.
    EPA reviewed 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 November 21, 1994. 
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 through 262, 
264, 265, 266 and 270 that were published in the FR through June 30, 
1992. 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.

------------------------------------------------------------------------
          Federal citation                       State analog           
------------------------------------------------------------------------
1. State Availability of             Oklahoma Hazardous Waste Management
 Information [RCRA Sec. 3006(f)].     Act (OHWMA), as amended, 27A      
 (Checklist AI).                      Oklahoma Statutes (O.S.), Supp.   
                                      1993, Secs. 2-7-105(15) and Sec. 2-
                                      7-106, effective July 1, 1993.    
2. Existing and Newly Regulated      OHWMA, as amended, 27A O.S., Supp. 
 Surface Impoundments Requirements    1993, Secs. 2-7-105(16) and Sec. 2-
 [HSWA Sec. 3005(j)]. (Checklist      7-106, effective July 1, 1993.    
 SR1).                                                                  
3. Sharing of Information with the   OHWMA, as amended, 27A O.S., Supp. 
 Agency for Toxic Substances and      1993, Sec. 2-7-127(C), effective  
 Disease Registry [HSWA Sec.          July 1, 1993.                     
 3019(b)]. (Checklist SI).                                              
4. Dioxin Waste Listing and          OHWMA, as amended, 27A O.S., Supp. 
 Management Standards, [50 FR 1978]   1993, Secs. 2-7-103, 2-7-105, 2-7-
 January 14, 1985. (Checklist 14).    106, 2-7-107, 2-7-108, and 2-7-   
                                      116, effective July 1, 1993; and  
                                      Oklahoma Administrative Code      
                                      (OAC), 252, Chapter 200 (Rules),  
                                      effective May 26, 1994.           
5. Paint Filter Test, [50 FR 18370]  OHWMA, as amended, 27A O.S., Supp. 
 April 30, 1985. (Checklist 16).      1993, Secs. 2-7-106, 2-7-107, and 
                                      2-7-110, effective July 1, 1993;  
                                      and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
6. HSWA Codification Rule; Small     OHWMA, as amended, 27A O.S., Supp. 
 Quantity Generators [50 FR 28702]    1993, Secs. 2-7-103, 2-7-105, 2-7-
 July 15, 1985. (Checklist 17A).      106, 2-7-107, and 2-7-119,        
                                      effective July 1, 1993; and OAC   
                                      Rules 252:200-3-1 through 252:200-
                                      3-6, effective May 26, 1994.      
7. HSWA Codification Rule;           OHWMA, as amended, 27A O.S., Supp. 
 Household Waste (Resource Recovery   1993, Secs. 2-7-103, 2-7-105, 2-7-
 Facilities), [50 FR 28702] July,     106, and 2-7-107, effective July  
 15, 1985. (Checklist 17C).           1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
8. HSWA Codification Rule; Waste     OHWMA, as amended, 27A O.S., Supp. 
 Minimization, [50 FR 28702] July,    1993, Secs. 2-7-105(8), 2-7-107(A)
 15, 1985. (Checklist 17D).           (9) and (10), effective July 1,   
                                      1993; and OAC Rules 252:200-3-1   
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
9. HSWA Codification Rule; Location  OHWMA, as amended, 27A O.S., Supp. 
 Standards for Salt Domes, Salt       1993, Secs. 2-7-105 (10), (17),   
 Beds, Underground Mines and Caves,   (18), and 2-7-106, effective July 
 [50 FR 28702] July 15, 1985.         1, 1993; and OAC Rules 252:200-3-1
 (Checklist 17E).                     through 252:200-3-6, effective May
                                      26, 1994.                         
10. HSWA Codification Rule; Liquids  OHWMA, as amended, 27A O.S., Supp. 
 in Landfills I, [50 FR 28702] July   1993, Secs. 2-7-106, 2-7-107, and 
 15, 1985 (Checklist 17F).            2-7-110, effective July 1, 1993;  
                                      and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
11. HSWA Codification Rule; Dust     OHWMA, as amended, 27A O.S., Supp. 
 Suppression, [50 FR 28702] July      1993, Secs. 2-7-106, and 2-7-     
 15, 1985. (Checklist 17G).           107(A)(3), effective July 1, 1993;
                                      and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
12. HSWA Codification Rule; Double   OHWMA, as amended, 27A O.S., Supp. 
 Liners, [50 FR 28702] July 15,       1993, Secs. 2-7-106, and 2-7-108, 
 1985. (Checklist 17H).               effective July 1, 1993; and OAC   
                                      Rules 252:200-3-1 through 252:200-
                                      3-6, effective May 26, 1994.      
13. HSWA Codification Rule; Ground-  OHWMA, as amended, 27A O.S., Supp. 
 Water Monitoring, [50 FR 28702]      1993, Secs. 2-7-105(25), 2-7-106, 
 July 15, 1985. (Checklist 17I).      and 2-7-116(G), effective July 1, 
                                      1993; and OAC Rules 252:200-3-1   
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
14. HSWA Codification Rule; Cement   OHWMA, as amended, 27A O.S., Supp. 
 Kilns, [50 FR 28702] July 15,        1993, Secs. 2-7-105(17), 2-7-106, 
 1985. (Checklist 17J).               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.                         
15. HSWA Codification Rule: Fuel     OHWMA, as amended, 27A O.S., Supp. 
 Labeling, [50 FR 28702] July 15,     1993, Secs. 2-7-105(17), 2-7-106, 
 1985. (Checklist 17K).               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.                         
16. HSWA Codification Rule;          OHWMA, as amended, 27A O.S., Supp. 
 Corrective Action, [50 FR 28702]     1993, Secs. 2-7-105(16), 2-7-     
 July 15, 1985. (Checklist 17L).      105(25), 2-7-106, 2-7-108, and 2-7-
                                      116(G) effective July 1, 1993; and
                                      OAC Rules 252:200-3-1 through     
                                      252:200-3-6, effective May 26,    
                                      1994.                             
17. HSWA Codification Rule; Pre-     OHWMA, as amended, 27A O.S., Supp. 
 Construction Ban, [50 FR 27802]      1993, Sec. 2-7-106, effective July
 July 15, 1985. (Checklist 17M).      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
18. HSWA Codification Rule; Permit   OHWMA, as amended, 27A O.S., Supp. 
 Life, [50 FR 28702] July 15, 1985.   1993, Secs. 2-7-106 and 2-7-      
 (Checklist 17N).                     127(B), effective July 1, 1993;   
                                      and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
19. HSWA Codification Rule; Omnibus  OHWMA, as amended, 27A O.S., Supp. 
 Provision, [50 FR 28702] July 15,    1993, Secs. 2-7-105(23), 2-7-106, 
 1985. (Checklist 17O).               and 2-7-127(B), effective July 1, 
                                      1993; and OAC Rules 252:200-3-1   
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
20. Interim Status, [50 FR 28702]    OHWMA, as amended, 27A O.S., Supp. 
 July 15, 1985. (Checklist 17P).      1993, Secs. 2-7-106, 2-7-         
                                      107(A)(7), and 2-7-108, effective 
                                      July 1, 1993; and OAC Rules       
                                      252:200-3-1 through 252:200-3-6,  
                                      effective May 26, 1994.           
21. HSWA Codification Rule;          OHWMA, as amended, 27A O.S., Supp. 
 Research and Development Permits,    1993, Secs. 2-7-105(19)-(21), and 
 [50 FR 28702] July 15, 1985.         2-7-106, effective July 1, 1993;  
 (Checklist 17Q).                     and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
22. HSWA Codification Rule;          OHWMA, as amended, 27A O.S., Supp. 
 Hazardous Waste Exports, [50 FR      1993, Secs. 2-7-105(6) and (7), 2-
 28702] July 15, 1985. (Checklist     7-106, and 2-7-125, effective July
 17R).                                1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
23. HSWA Codification Rule;          OHWMA, as amended, 27A O.S., Supp. 
 Exposure Information, [50 FR         1993, Secs. 2-7-106 and 2-7-      
 28702] July 15, 1985. (Checklist     127(C), effective July 1, 1993;   
 17S).                                and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
24. Listing of TDI, TDA, and DNT     OHWMA, as amended, 27A O.S., Supp. 
 Wastes, [50 FR 42936] October 23,    1993, Sec. 2-7-106, effective July
 1985. (Checklist 18).                1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
25. Burning of Waste Fuel and Used   OHWMA, as amended, 27A O.S., Supp. 
 Oil Fuel in Boilers and Industrial   1993, Secs. 2-7-105(17), 2-7-106, 
 Furnaces, [50 FR 49164] November     and 2-7-107(A)(5), effective July 
 29, 1985, and [52 FR 11819], as      1, 1993; and OAC Rules 252:200-3-1
 amended on April 13, 1987.           through 252:200-3-6, effective May
 (Checklists 19 and 19.1).            26, 1994.                         
26. Listing of Spent Solvents, [50   OHWMA, as amended, 27A O.S., Supp. 
 FR 53315] December 31, 1985, and     1993, Sec. 2-7-106, effective July
 [51 FR 2702] as amended on January   1, 1993; and OAC Rules 252:200-3-1
 21, 1986. (Checklists 20 and         through 252:200-3-6, effective May
 20.1)).                              26, 1994.                         
27. Listing of EDB Waste, [51 FR     OHWMA, as amended, 27A O.S., Supp. 
 5327] February 13, 1986.             1993, Sec. 2-7-106, effective July
 (Checklist 21).                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
28. Listing of Four Spent Solvents,  OHWMA, as amended, 27A O.S., Supp. 
 [51 FR 6537] February 25, 1986.      1993, Sec. 2-7-106, effective July
 (Checklist 22).                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
29. Generator of 100 to 1000 kg      OHWMA, as amended, 27A O.S., Supp. 
 Hazardous Waste, [51 FR 10146]       1993, Secs. 2-7-103, 2-7-105, 2-7-
 March 24, 1986. (Checklist 23).      106, 2-7-107, and 2-7-119,        
                                      effective July 1, 1993; and OAC   
                                      Rules 252:200-3-1 through 252:200-
                                      3-6, effective May 26, 1994.      
30. Codification Rule, Technical     OHWMA, as amended, 27A O.S., Supp. 
 Correction (Paint Filter Test),      1993, Secs. 2-7-106, 2-7-107, and 
 [51 FR 19176] May 28, 1986.          2-7-110, effective July 1, 1993;  
 (Checklist 25).                      and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, effective May 26,    
                                      1994.                             
31. Standards for Hazardous Waste    OHWMA, as amended, 27A O.S., Supp. 
 Storage and Treatment Tank           1993, Secs. 2-7-103(20), 2-7-     
 Systems, [51 FR 25422] July 14,      105(24), 2-7-106, 2-7-107(A)(4),  
 1986, and [51 FR 29430] as amended   and 2-7-116(G), effective July 1, 
 on August 15, 1986. (Checklists      1993; and OAC Rules 252:200-3-1   
 28H and 28H.1).                      through 252:200-3-6, effective May
                                      26, 1994.                         
32. Biennial Report; Correction [51  OHWMA, as amended, 27A O.S., Supp. 
 FR 28556] August 8, 1986.            1993, Secs. 2-7-105(7)-(9), (16), 
 (Checklist 30).                      (25), and 2-7-106, effective July 
                                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
33. Exports of Hazardous Waste, [51  OHWMA, as amended, 27A O.S., Supp. 
 FR 28664] August 8, 1986.            1993, Secs. 2-7-105(6), (7), 2-7- 
 (Checklist 31).                      106, and 2-7-125, effective July  
                                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
34. Standards for Generators; Waste  OHWMA, as amended, 27A O.S., Supp. 
 Minimization Certifications, [51     1993, Secs. 2-7-105(8), and 2-7-  
 FR 25190] October 24, 1986.          107(A), (9), and (10), effective  
 (Checklist 32).                      July 1, 1993; and OAC Rules       
                                      252:200-3-1 through 252:200-3-6,  
                                      and 252:200-9-2, effective May 26,
                                      1994.                             
35. Listing of EBDC, [51 FR 37725]   OHWMA, as amended, 27A O.S., Supp. 
 October 24, 1986. (Checklist 33).    1993, Sec. 2-7-106, effective July
                                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
36. Land Disposal Restrictions       OHWMA, as amended, 27A O.S., Supp. 
 (Solvents and Dioxins), [51 FR       1993, Secs. 2-7-105(10), (17),    
 40572] November 7, 1986, and [52     (18), 2-7-106, 2-7-107(A)(2) and  
 FR 21010], as amended on June 4,     (10), effective July 1, 1993; and 
 1987. (Checklists 34 and 34.1).      OAC Rules 252:200-3-1 through     
                                      252:200-3-6, and 252:200-9-2,     
                                      effective May 26, 1994.           
37. California List Waste Land       OHWMA, as amended, 27A O.S., Supp. 
 Disposal Restrictions, [52 FR        1993, Secs. 2-7-105(10), (17),    
 25760], July 8, 1987, and [52 FR     (18), 2-7-106, 2-7-107(A)(2) and  
 41295], as amended on October 27,    (10), effective July 1, 1993; and 
 1987. (Checklists 39 and 39.1).      OAC Rules 252:200-3-1 through     
                                      252:200-3-6, and 252:200-9-2,     
                                      effective May 26, 1994.           
38. Exception Reporting for Small    OHWMA, as amended, 27A O.S., Supp. 
 Quantity Generators of Hazardous     1993, Secs. 2-7-106 and 2-7-125,  
 Waste, [52 FR 35894] September 23,   effective July 1, 1993; and OAC   
 1987. (Checklist 42).                Rules 252:200-3-1 through 252:200-
                                      3-6, and 252:200-9-2, effective   
                                      May 26, 1994.                     
39. HSWA Codification Rule 2;        OHWMA, as amended, 27A O.S., Supp. 
 Permit Application Requirements      1993, Secs. 2-7-105(23), 2-7-106, 
 Regarding Corrective Action, [52     and 2-7-127, effective July 1,    
 FR 45788] December 1, 1987.          1993; and OAC Rules 252:200-3-1   
 (Checklist 44A).                     through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
40. HSWA Codification Rule 2;        OHWMA, as amended, 27A O.S., Supp. 
 Corrective Action Beyond Facility    1993, Secs. 2-7-106, 2-7-126, and 
 Boundary, [52 FR 45788] December     2-7-127(A), effective July 1,     
 1, 1987 (Checklist 44B).             1993; and OAC Rules 252:200-3-1   
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
41. HSWA Codification Rule 2;        OHWMA, as amended, 27A O.S., Supp. 
 Corrective Action for Injection      1993, Secs. 2-7-103(7), 2-7-106, 2-
 Wells, [52 FR 45788] December 1,     7-108(B), and 2-7-127, effective  
 1987. (Checklist 44C).               July 1, 1993; and OAC Rules       
                                      252:200-3-1 through 252:200-3-6,  
                                      and 252:200-9-2, effective May 26,
                                      1994.                             
42. HSWA Codification Rule 2;        OHWMA, as amended, 27A O.S., Supp. 
 Permit Modification, [52 FR 45788]   1993, Secs. 2-7-105, 2-7-106, 2-7-
 December 1, 1987. (Checklist 44D).   116, and 2-7-127, effective July  
                                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
43. HSWA Codification Rule 2;        OHWMA, as amended, 27A O.S., Supp. 
 Permit as a Shield Provision, [52    1993, Secs. 2-7-105, 2-7-106, 2-7-
 FR 45788] December 1, 1987.          116, and 2-7-127, effective July  
 (Checklist 44E).                     1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
44. HSWA Codification Rule 2;        OHWMA, as amended, 27A O.S., Supp. 
 Permit Conditions to Protect Human   1993, Secs. 2-7-105(10), (16),    
 Health and the Environment, [52 FR   (17), and 2-7-106, effective July 
 45788] (Checklist 44F).              1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
45. HSWA Codification Rule 2; Post-  OHWMA, as amended, 27A O.S., Supp. 
 Closure Permits, [52 FR 45788]       1993, Secs. 2-7-105(23), 2-7-106, 
 December 1, 1987. (Checklist 44G).   2-7-116, and 2-7-127, effective   
                                      July 1, 1993; and OAC Rules       
                                      252:200-3-1 through 252:200-3-6,  
                                      and 252:200-9-2, effective May 26,
                                      1994.                             
46. Technical Correction to          OHWMA, as amended, 27A O.S., Supp. 
 Checklist 23, Small Quantity         1993, Secs. 2-7-103, 2-7-105, and 
 Generators, [53 FR 27162] July 19,   2-7-107, and 2-7-119, effective   
 1988. (Checklist 47).                July 1, 1993; and OAC Rules       
                                      252:200-3-1 through 252:200-3-6,  
                                      and 252:200-9-2, effective May 26,
                                      1994.                             
47. Farmer Exemptions; Technical     OHWMA, as amended, 27A O.S., Supp. 
 Corrections, [53 FR 27164] July      1993, Secs. 2-7-105(6), (7), 2-7- 
 19, 1988. (Checklist 48).            106, and 2-7-125, effective July  
                                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
48. Land Disposal Restrictions for   OHWMA, as amended, 27A O.S., Supp. 
 First Third Scheduled Wastes, [53    1993, Secs. 2-7-105(10), (17),    
 FR 31138] August 17, 1988, as        (18), 2-7-106, and 2-7-107(A)(2)  
 amended on February 27, 1989, [54    and (10), effective July 1, 1993; 
 FR 8264] (Checklists 50 and 50.1).   and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, and 252:200-9-2,     
                                      effective May 26, 1994.           
49. Hazardous Waste Management       OHWMA, as amended, 27A O.S., Supp. 
 System; Standards for Hazardous      1993, Secs. 2-7-103(20), 2-7-     
 Waste Storage and Treatment Tank     105(24), 2-7-106, 2-7-107(A)(4)   
 Systems, [53 FR 34079] September     and 2-7-116(G), effective July 1, 
 2, 1988. (Checklist 52).             1993; and OAC Rules 252:200-3-1   
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
50. Land Disposal Restriction        OHWMA, as amended, 27A O.S., Supp. 
 Amendments to First Third            1993, Secs. 2-7-105(10), (17), 2-7-
 Scheduled Waste, [54 FR 18836] May   106, and 2-7-107(A)(2) and (10),  
 2, 1989. (Checklist 62).             effective July 1, 1993; and OAC   
                                      Rules 252:200-3-1 through 252:200-
                                      3-6, and 252:200-9-2, effective   
                                      May 26, 1994.                     
51. Land Disposal Restrictions for   OHWMA, as amended, 27A O.S., Supp. 
 Second Third Scheduled Wastes, [54   1993, Secs. 2-7-105(10), (17), 2-7-
 FR 26594] June 23, 1989.             106, and 2-7-107(A)(2) and (10),  
 (Checklist 63).                      effective July 1, 1993; and OAC   
                                      Rules 252:200-3-1 through 252:200-
                                      3-6, and 252:200-9-2, effective   
                                      May 26, 1994.                     
52. Land Disposal Restrictions;      OHWMA, as amended, 27A O.S., Supp. 
 Correction to the First Third        1993, Secs. 2-7-105(10), (17),    
 Scheduled Wastes, [54 FR 36967]      (18), 2-7-106, and 2-7-107(A)(2)  
 September 6, 1989, as amended on     and (10), effective July 1, 1993; 
 June 13, 1990 [55 FR 23935].         and OAC Rules 252:200-3-1 through 
 (Checklists 66 and 66.1).            252:200-3-6, and 252:200-9-2,     
                                      effective May 26, 1994.           
53. Reportable Quantity Adjustment   OHWMA, as amended, 27A O.S., Supp. 
 Methyl Bromide Production Wastes,    1993, Sec. 2-7-106, effective July
 [54 FR 41402] October 6, 1989.       1, 1993; and OAC Rules 252:200-3-1
 (Checklist 68).                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
54. Reportable Quantity Adjustment   OHWMA, as amended, 27A O.S., Supp. 
 (F024 & F025) [54 FR 50968]          1993, Sec. 2-7-106, effective July
 December 11, 1989. (Checklist 69).   1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
55. Toxicity Characteristic          OHWMA, as amended, 27A O.S., Supp. 
 Revisions, [55 FR 11798] March 29,   1993, Sec. 2-7-106, effective July
 1990, as amended on June 29, 1990,   1, 1993; and OAC Rules 252:200-3-1
 [55 FR 26986] (Checklists 74 and     through 252:200-3-6, and 252:200-9-
 74.1).                               2, effective May 26, 1994.        
56. Listing of 1,1-                  OHWMA, as amended, 27A O.S., Supp. 
 Dimethylhydrazine Production         1993, Sec. 2-7-106, effective July
 Wastes, [55 Fr 18496] May 2, 1990.   1, 1993; and OAC Rules 252:200-3-1
 (Checklist 75).                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
57. HSWA Codification Rule, Double   OHWMA, as amended, 27A O.S., Supp. 
 Liners; Correction, [55 FR 19262]    1993, Secs. 2-7-105(16) and 2-7-  
 May 9, 1990. (Checklist 77).         108, effective July 1, 1993; and  
                                      OAC Rules 252:200-3-1 through     
                                      252:200-3-6, and 252:200-9-2,     
                                      effective May 26, 1994.           
58. Land Disposal Restrictions for   OHWMA, as amended, 27A O.S., Supp. 
 Third Third Scheduled Wastes, [55    1993, Sec. 2-7-106, effective July
 FR 22520] June 1, 1990 (Checklist    1, 1993; and OAC Rules 252:200-3-1
 78H).                                through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
59. Organic Air Emission Standards   OHWMA, as amended, 27A O.S., Supp. 
 for Process Vents and Equipment      1993, Secs. 2-7-106 and 2-7-107(A)
 Leaks, [55 FR 25454] June 21,        and (4), effective July 1, 1993;  
 1990. (Checklist 79).                and OAC Rules 252:200-3-1 through 
                                      252:200-3-6, and 252:200-9-2,     
                                      effective May 26, 1994.           
60. Petroleum Refinery Primary and   OHWMA, as amended, 27A O.S., Supp. 
 Secondary Oil/Water/ Solids          1993, Sec. 2-7-106, effective July
 Separation Sludge Listings (F037     1, 1993; and OAC Rules 252:200-3-1
 and F038), November 2, 1990 [55 FR   through 252:200-3-6, and 252:200-9-
 46354], as amended on December 17,   2, effective May 26, 1994.        
 1990 [55 FR 51707]. (Checklists 81                                     
 and 81.1).                                                             
61. Wood Preserving Listings, [55    OHWMA, as amended, 27A O.S., Supp. 
 Fr 50450], December 6, 1990.         1993, Sec. 2-7-106, effective July
 (Checklist 82).                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
62. Land Disposal Restrictions for   OHWMA, as amended, 27A O.S., Supp. 
 Third Third Scheduled Wastes;        1993, Sec. 2-7-106, effective July
 Technical Amendment, [56 FR 3864],   1, 1993; and OAC Rules 252:200-3-1
 January 31, 1991. (Checklist 83).    through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
63. Burning of Hazardous Waste in    OHWMA, as amended, 27A O.S., Supp. 
 Boilers and Industrial Furnaces,     1993, Sec. 2-7-106, effective July
 February 21, 1991 [56 FR 7134].      1, 1993; and OAC Rules 252:200-3-1
 (Checklist 85).                      through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
64. Removal of Strontium Sulfide     OHWMA, as amended, 27A O.S., Supp. 
 From the List of Hazardous Waste;    1993, Sec. 2-7-106, effective July
 Technical Amendment [56 FR 7567]     1, 1993; and OAC Rules 252:200-3-1
 February 25, 1991. (Checklist 86).   through 252:200-3-6, and 252:200-9-
                                      2, effective May 26, 1994.        
65. Organic Air Emission Standards   OHWMA, as amended, 27A O.S., Supp. 
 for Process Vents and Equipment      1993, Secs. 2-7-106, 2-7-         
 Leaks; Technical Amendment, April    107(A)(4), effective July 1, 1993;
 26, 1991 [56 FR 19290]. (Checklist   and OAC Rules 252:200-3-1 through 
 87).                                 252:200-3-6, and 252:200-9-1,     
                                      effective May 26, 1994.           
66. Revision to F037 and F038        OHWMA, as amended, 27A O.S., Supp. 
 Listings, [56 FR 21955] May 13,      1993, Sec. 2-7-106, effective July
 1991. (Checklist 89).                1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
67. Mining Waste Exclusion III,      OHWMA, as amended, 27A O.S., Supp. 
 June 13, 1991 [56 FR 27300].         1993, Sec. 2-7-106, effective July
 (Checklist 90).                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
68. Administrative Stay for F032,    OHWMA, as amended, 27A O.S., Supp. 
 F034, and F035 Listings, June 13,    1993, Sec. 2-7-106, effective July
 1991 [56 FR 27332]. (Checklist 91).  1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
69. Wood Preserving Listings;        OHWMA, as amended, 27A O.S., Supp. 
 Technical Corrections, [56 FR        1993, Sec. 2-7-106, effective July
 30192], July 1, 1991. (Checklist     1, 1993; and OAC Rules 252:200-3-1
 92).                                 through 252:200-3-6, effective May
                                      26, 1994.                         
70. Burning of Hazardous Waste in    OHWMA, as amended, 27A O.S., Supp. 
 Boilers and Industrial Furnaces;     1993, Secs. 2-7-106, 2-7-         
 Corrections and Technical            107(A)(5), and 2-7-108(A),        
 Amendments I, [56 FR 32688], July    effective July 1, 1993; and OAC   
 17, 1991. (Checklist 94).            Rules 252:200-3-1 through 252:200-
                                      3-6, and 252:200-9-1, effective   
                                      May 26, 1994.                     
71. Land Disposal Restrictions for   OHWMA, as amended, 27A O.S., Supp. 
 Electric Arc Furnace Dust (K061),    1993, Sec. 2-7-106, effective July
 [56 FR 41164], August 19, 1991.      1, 1993; and OAC Rules 252:200-3-1
 (Checklist 95).                      through 252:200-3-6, effective May
                                      26, 1994.                         
72. Burning of Hazardous Waste in    OHWMA, as amended, 27A O.S., Supp. 
 Boilers and industrial Furnaces;     1993, Sec. 2-7-106, effective July
 Technical Amendments II, [56 FR      1, 1993; and OAC Rules 252:200-3-1
 42504], August 27, 1991.             through 252:200-3-6, effective May
 (Checklist 96).                      26, 1994.                         
73. Exports of Hazardous Waste;      OHWMA, as amended, 27A O.S., Supp. 
 Technical Correction, [56 FR         1993, Secs. 2-7-105(6) and (7), 2-
 43704], September 4, 1991.           7-106, and 2-7-125, effective July
 (Checklist 97).                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, and 252:200-9-
                                      1, effective May 26, 1994.        
74. Coke Ovens Administrative Stay,  OHWMA, as amended, 27A O.S., Supp. 
 [56 FR 43874], September 5, 1991.    1993, Sec. 2-7-106, effective July
 (Checklist 98).                      1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
75. Liners and Leak Detection        OHWMA, as amended, 27A O.S., Supp. 
 Systems for Hazardous Waste Land     1993, Secs. 2-7-105(16) and (23), 
 Disposal Units, [57 FR 3462],        2-7-106, and 2-7-116, effective   
 January 29, 1992. (Checklist 100).   July 1, 1993; and OAC Rules       
                                      252:200-3-1 through 252:200-3-6,  
                                      and 252:200-9-1, effective May 26,
                                      1994.                             
76. Second Correction to the Third   OHWMA, as amended, 27A O.S., Supp. 
 Third Land Disposal Restrictions     1993, Secs. 2-7-105(10) and (17), 
 [57 FR 8086], March 6, 1992.         2-7-106, and 2-7-107(A)(2), and   
 (Checklist 102).                     (10), effective July 1, 1993; and 
                                      OAC Rules 252:200-3-1 through     
                                      252:200-3-6, and 252:200-9-1,     
                                      effective May 26, 1994.           
77. Hazardous Debris Case-by-Case    OHWMA, as amended, 27A O.S., Supp. 
 Capacity Variance, [57 FR 20766],    1993, Sec. 2-7-106, effective July
 May 15, 1992. (Checklist 103).       1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
78. Used Oil Filter Exclusion, [57   OHWMA, as amended, 27A O.S., Supp. 
 FR 21524], May 20, 1992.             1993, Sec. 2-7-106, effective July
 (Checklist 104).                     1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
79. Coke by-product Exclusion, [57   OHWMA, as amended, 27A O.S., Supp. 
 FR 27880], June 22, 1992.            1993, Sec. 2-7-106, effective July
 (Checklist 105).                     1, 1993; and OAC Rules 252:200-3-1
                                      through 252:200-3-6, effective May
                                      26, 1994.                         
80. Lead-Bearing Hazardous           OHWMA, as amended, 27A O.S., Supp. 
 Materials Case-by-Case Capacity      1993, Sec. 2-7-106, effective July
 Variance, [57 FR 28628], June 26,    1, 1993; and OAC Rules 252:200-3-1
 1992. (Checklist 106).               through 252:200-3-6, effective May
                                      26, 1994.                         
------------------------------------------------------------------------

    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 part 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 
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.

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, 
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).

    Dated: September 28, 1994.
Allyn M. Davis,
Acting Regional Administrator.
[FR Doc. 94-24856 Filed 10-6-94; 8:45 am]
BILLING CODE 6560-50-P