[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Rules and Regulations]
[Pages 23673-23678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11385]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-6003-4]
Oklahoma: Final Authorization and Incorporation by Reference of
State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Oklahoma has revised its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). With respect to today's
document, Oklahoma has made conforming changes to make its regulations
internally consistent relative to the revisions made for the above
listed authorizations. Oklahoma has also changed its regulations to
make them more consistent with the Federal requirements. The EPA has
reviewed Oklahoma's changes to its program and has made a decision,
subject to public review and comment, that Oklahoma's hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization. Unless adverse written comments are received
during the review and comment period on the parallel proposed rule also
in today's Federal Register (FR) notice, EPA's decision to approve
Oklahoma's hazardous waste program revisions will take effect as
provided below. Oklahoma's program revisions are available for public
review and comment.
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 CFR 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.
DATES: Final authorization for Oklahoma's program revisions shall be
effective July 14, 1998 without further notice unless EPA, receives
relevant adverse comment on the parallel notice of proposed rulemaking.
Should the agency receive such comments, it will publish a notice
informing the public that this rule did not take effect. All comments
on Oklahoma's program revisions must be received by close of business
June 1, 1998. The incorporation by reference of certain Oklahoma
statutes and regulations was approved by the Director of the Federal
Register as of July 14, 1998 in accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Copies of Oklahoma's program revisions and materials EPA
used in evaluating the revisions are available for copying from 8:30
a.m. to 4:00 p.m. Monday through Friday at the following addresses:
State of Oklahoma Department of Environmental Quality, 1000 Northeast
Tenth Street, Oklahoma City, Oklahoma 73117-1212, Phone number: (405)
271-5338; or EPA Region 6 Library, 12th Floor, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Phone number: (214) 665-6444. Written
comments referring to Docket Number OK98-1 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 number:
(214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization
[[Page 23674]]
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Phone number: (214) 665-8533.
SUPPLEMENTARY INFORMATION:
I. Authorization of State Initiated Changes
A. Background
States with final authorization under section 3006(b) of the RCRA,
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub.
L. 98-616, November 8, 1984, hereinafter HSWA) allow States to revise
their programs to become substantially equivalent instead of equivalent
to RCRA requirements promulgated under HSWA authority. States
exercising the latter option receive ``interim authorization'' for the
HSWA requirements under section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 124, 260
through 266, 268, 270, 273, and 279.
B. Oklahoma
Oklahoma initially received final authorization to implement its
hazardous waste program on December 27, 1984, effective January 10,
1985 (49 FR 50362). Oklahoma received final authorization for revisions
to its program on April 17, 1990, effective June 18, 1990 (55 FR
14280); on September 26, 1990, effective November 27, 1990 (55 FR
39274); on April 2, 1991, effective June 3, 1991 (56 FR 13411); on
September 20, 1991, effective November 19, 1991 (56 FR 47675); on
September 29, 1993, effective November 29, 1993 (58 FR 50854); on
October 7, 1994, effective December 21, 1994 (59 FR 51116); on January
11, 1995, effective April 27, 1995 (60 FR 2699); and on October 9, 1996
(61 FR 52884), as corrected on March 14, 1997, effective March 14, 1997
(62 FR 12100).
The EPA has reviewed these changes and has made an immediate final
decision, in accordance with 40 CFR 271.21(b)(3), that Oklahoma's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Consequently, EPA grants
final authorization for the additional program modifications to
Oklahoma's hazardous waste program. As explained in the Proposed Rule
section of today's FR, the public may submit written comments on EPA
approval actions until June 1, 1998. Copies of Oklahoma's program
revisions are available for inspection and copying at the locations
indicated in the Addresses section of this notice.
Approval of Oklahoma's program revision shall become effective in
75 days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period
on the parallel proposed rule in today's FR notice. If an adverse
comment is received EPA will publish either: (1) A withdrawal of the
immediate final decision or, (2) a notice containing a response to
comments which either affirms that the immediate final decision takes
effect or reverses the decision.
The EPA is authorizing changes to the following State provisions.
These provisions do not have a direct analog in the Federal RCRA
regulations. However, none of these provisions are considered broader
in scope than the Federal program. This is so because these provisions
were either previously authorized as part of Oklahoma's base
authorization or have been added to make the State's regulations
internally consistent with changes made for the other authorizations
listed in the first paragraph of this section. The EPA has reviewed
these provisions and has determined that they are consistent with and
no less stringent than the Federal requirements. Additionally, this
authorization does not affect the status of State permits and those
permits issued by EPA because no new substantive requirements are a
part of these revisions. The Oklahoma provisions are from The Oklahoma
Administrative Code, Title 252, Chapter 200, 1996 Edition, unless
otherwise stated.
State Requirement
252:200-1-1(b)
252:200-3-2(2) through 252:200-3-2(4), as amended May 15, 1997,
effective June 2, 1997
252:200-3-2(6)&(7), as amended May, 15, 1997, effective June 2, 1997
252:200-3-2(9)&(10), as amended May 15, 1997, effective June 2, 1997
252:200-3-2(12), as amended May 15, 1997, effective June 2, 1997
252:200-3-4, as amended May 15, 1997, effective June 2, 1997
252:200-5-1 introductory paragraph, as amended May 15, 1997, effective
June 2, 1997
252:200-5-1(3), as amended May 15, 1997, effective June 2, 1997
252:200-5-3
252:200-5-4, as amended May 15, 1997, effective June 2, 1997
252:200-5-6, as amended May 15, 1997, effective June 2, 1997
252:200-7-1
252:200-7-3
252:200-8-1 through 252:200-8-8 (except 252:200-8-5)
252:200-8-5, as amended May 15, 1997, effective June 2, 1997
252:200-9-2, as amended May 15, 1997, effective June 2, 1997
252:200-9-4(b)
252:200-9-8
252:200-11-1 (except the phrases ``or off-site recycling'' and
``(TSDRs)'')
252:200-11-2
252:200-11-3(a) (except the word ``recycling'')
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)
252:200-13-2 introductory paragraph
Oklahoma has made corresponding statutory changes which need to be
authorized at this time. The Oklahoma provisions are from the Oklahoma
Hazardous Waste Management Act, as amended, 27A Oklahoma Statute (O.S.)
1997 Edition, effective August 30, 1996.
State Requirement
2-7-110(A)
2-7-111(D)(2)&(3)
2-7-113.1(A) through 2-7-113.1(C)
2-7-115
2-7-116(A)
2-7-118(A)
Oklahoma is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that Oklahoma's program revisions meet all of the
statutory and regulatory requirements established by RCRA. Accordingly,
Oklahoma 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 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
[[Page 23675]]
section 3007 of RCRA and to take enforcement actions under sections
3008, 3013 and 7003 of RCRA.
II. Incorporation by Reference
A. Background
Effective December 13, 1993 (58 FR 52679), EPA incorporated by
reference Oklahoma's then authorized hazardous waste program. Effective
November 29, 1993 (58 FR 50854); December 21, 1994 (59 FR 51116); April
27, 1995 (60 FR 2699); and March 14, 1997 (62 FR 12100), EPA granted
authorization to Oklahoma for additional program revisions.
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 HSWA, PL 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 approved requirements of the Oklahoma
program will be readily discernible.
The Agency will only enforce those provisions of the Oklahoma
hazardous waste management program for which authorization approval has
been granted by EPA.
B. Oklahoma Authorized Hazardous Waste Program
The EPA is revising the incorporation by reference the Oklahoma
authorized hazardous waste program in subpart LL of 40 CFR part 272.
The State statutes and regulations are incorporated by reference at
Sec. 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)
lists those 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 management program are not part of the
Federally authorized State program. These nonauthorized provisions
include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (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 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 following
Federal rules regarding delisting wastes published on July 15, 1985 (50
FR 28702); and the Federal rules published in the Federal Register 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); and February 18, 1992 (57 FR
5859). Therefore, these Federal amendments included in Oklahoma's
adoption by reference at 252:200-3-2(2) through 252:200-3-2(10) 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 Federal Register 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 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 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 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 nonauthorized 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
[[Page 23676]]
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.
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
section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because it
merely makes federally enforceable existing requirements with which
regulated entities must already comply under State law. Second, the Act
also generally excludes from the definition of a ``Federal mandate''
duties that arise from participation in a voluntary Federal program.
The requirements being authorized and codified today are the result of
Oklahoma's voluntary participation in accordance with RCRA subtitle C.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector because today's action grants authorization as well as
incorporating by reference an existing State program that EPA
previously authorized. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of UMRA requires EPA to develop a small
government agency plan. This rule contains no regulatory requirements
that might significantly or uniquely affect small governments. The
Agency recognizes that 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 have already been authorized by
EPA under 40 CFR part 271 and, thus, small governments are not subject
to any additional significant or unique requirements by virtue of this
authorization and codification.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization and 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 treatment,
storage, or disposal facilities are already subject to the State
requirements authorized by EPA under 40 CFR part 271. The EPA's
authorization and codification does not impose any additional burdens
on these small entities. This is because EPA's codification would
simply result in an administrative change, rather than a change in the
substantive requirements imposed on small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this codification will not have a significant
economic impact on a substantial number of small entities. This
codification incorporates 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.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA submitted a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
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.
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.
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 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).
Lynda F. Carroll,
Acting Regional Administrator, 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 AS
AMENDED AS FOLLOWS
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).
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
[[Page 23677]]
for Base program effective 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 and July 14, 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, August 1997.
(ii) The EPA Approved Oklahoma Regulatory Requirements Applicable
to the Hazardous Waste Management Program, August 1997.
(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 (OAC), 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 May 15, 1997 issue of the Oklahoma Register (14 Ok Reg
1609 and 1611), effective June 2, 1997: Subchapter 3, Section 252:200-
3-2(1).
(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 (OAC), Title 252, Chapter
200, 1996 Edition, effective July 1, 1996: Subchapter 8; Subchapter 13,
Section 252:200-13-4; Subchapter 17; and 252:200 Appendices.
(4) Unauthorized State Provisions: The State's adoption of the
Federal rules listed below, while incorporated by reference at
paragraph (b)(1) of this Section, is not approved by EPA and are,
therefore, not enforceable:
------------------------------------------------------------------------
Federal Register Publication
Federal requirement Reference date
------------------------------------------------------------------------
Delisting........................ 50 FR 28702: Amendments 07/15/85
to 260.22(a) through
260.22(e)..
Toxicity......................... 55 FR 40834............. 10/05/90
Characteristics.................. 56 FR 3978.............. 02/01/91
Hydrocarbon Recovery Operations.. 56 FR 13406............. 04/02/91
Toxicity Characteristics; 56 FR 5910.............. 02/13/91
Chlorofluorocarbon Refrigerants.
Administrative Stay for K069 56 FR 19951............. 05/01/91
Listing.
Amendments to Interim Status 56 FR 66365............. 12/23/91
Standards for Downgradient
Ground-water Monitoring Well
Locations.
Administrative Stay for the 57 FR 5859.............. 02/18/92
Requirement that Existing Drip
Pads Be Impermeable.
------------------------------------------------------------------------
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Oklahoma signed by the EPA Regional
Administrator on September 20, 1996, 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; and March 4, 1996, 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 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 (O.S.) 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 (OAC), Title 252, Chapter 200,
effective July 1, 1996: Subchapter 1, Sections 252:200-1-1(a) and
252:200-1-2; Subchapter 3, Sections 252:200-3-1, 252:200-3-5,
252:200-3-6; Subchapter 5, Sections 252:200-5-3, 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 May 15, 1997 issue of the Oklahoma Register (14 Ok Reg 1609
and 1611), effective June 2, 1997: Subchapter 3, Sections 252:200-3-
2 (except 252:200-3-2(1)&(11))
[[Page 23678]]
and 252:200-3-4; 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. 98-11385 Filed 4-29-98; 8:45 am]
BILLING CODE 6560-50-P