[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.
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SUMMARY: The State of Oklahoma has applied for Final authorization of
revision to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA), and the Environmental Protection Agency (EPA)
has reviewed Oklahoma's application and decided that its hazardous
waste program revision satisfies all of the requirements necessary to
qualify for final authorization. Unless adverse written comments are
received during the review and comment period provided for public
participation in this process, EPA intends to approve Oklahoma's
hazardous waste program revision subject to the authority retained by
EPA in accordance with Hazardous and Solid Waste Amendments of 1984.
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.
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Federal citation State analog
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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