[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)]
[Rules and Regulations]
[Pages 50528-50531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25200]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6160-9]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Oklahoma has applied for final authorization to
revise its Hazardous Waste Program under the Resource Conservation and
Recovery Act (RCRA). The EPA has reviewed Oklahoma Department of
Environmental Quality's (ODEQ) application and determined that its
Hazardous Waste Program revision satisfies all of the requirements
necessary to qualify for final authorization. Unless adverse written
comments are received during the review and comment period, EPA's
decision to approve Oklahoma's Hazardous Waste Program revision will
take effect as provided below in accordance with Hazardous and Solid
Waste Amendments of 1984 (HSWA).
DATES: This immediate final rule is effective on November 23, 1998
without further notice, unless EPA receives adverse comment by October
22, 1998. Should the EPA receive such comments, it will publish a
timely document withdrawing this rule.
ADDRESSES: Copies of the Oklahoma program revision application and the
materials which EPA used in evaluating the revision are available for
inspection and copying from 8:30 a.m. to 4:00 p.m. Monday through
Friday at the following addresses: State of Oklahoma Department of
Environmental Quality, 1000 Northeast Tenth Street, Oklahoma City,
Oklahoma 73117-1212, phone (405) 271-5338 and EPA, Region 6 Library,
12th Floor, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 665-
6444. Written comments, referring to Docket Number OK-98-1, 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, phone
(214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202, phone (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the RCRA,
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. Revisions to State
hazardous waste programs are necessary when Federal or State statutory
or regulatory authority is modified or when certain other changes
occur. Most commonly, State program revisions are necessitated by
changes to EPA's regulations in 40 Code of Federal Regulations (CFR)
parts 124, 260-264, 265, 266, 268, 270 and 279.
B. Oklahoma
Oklahoma initially received Final Authorization on January 10,
1985, (49 FR 50362), to implement its Base Hazardous Waste Management
Program. Oklahoma received authorization for revisions to its program
on June 18, 1990 (55 FR 14280), effective November 27, 1990 (55 FR
39274), effective June 3, 1991 (56 FR 13411), effective November 19,
1991 (56 FR 47675), effective December 21, 1994 (59 FR 51116-51122),
effective April 27, 1995 (60 FR 2699-2702), effective December 23, 1996
(61 FR 5288-52886), and Technical Correction effective March 14, 1997
(62 FR 12100). The authorized Oklahoma RCRA program was incorporated by
reference into the CFR effective December 13, 1993. On April 18, 1997,
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. To implement the provisions of the EPA
regulations, on January 16, 1996, the Board adopted amendments to the
Hazardous Waste Management Rules (Rules), Oklahoma Administrative Code
(OAC) Title 252, Chapter 200 as permanent rules. The amendments became
effective July 1, 1996.
On April 4, 1996, the Council voted to recommend amendments
252:200-3-1, through 252:200-3-4 to incorporate by reference, in
accordance with the Guidelines for Adoption of Federal Regulations By
Reference, the following EPA Hazardous Waste Management Regulations as
amended through July 1, 1995: The provisions of 40 CFR part 124 which
are required by 40 CFR 271.14; 40 CFR parts 260-266, with exception of
40 CFR parts 260.20 through 260.22; 40 CFR part 268; 40 CFR part 270;
40 CFR part 273; and 40 CFR part 279. The Board adopted these
amendments on June 18, 1996. The amendments were signed by the Governor
and became effective as emergency rules on August 1, 1996. The
amendments were effective as permanent rules June 1, 1997.
The EPA reviewed ODEQ's application, and today is making an
immediate final decision, subject to public review and comment, that
ODEQ's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final Authorization.
Consequently, the EPA intends to grant Final Authorization for the
additional program modifications to Oklahoma. The public may submit
written comments on the EPA's final decision until October 22, 1998.
Copies of Oklahoma's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this document.
Approval of ODEQ's program revision shall become effective 60 days
from the date this document is published, unless an adverse written
comment pertaining to the State's revision discussed in this document
is received by the end of the comment period. If an adverse written
comment is received, EPA will publish either, (1) a withdrawal of the
immediate final decision, or (2) a document containing a response to
the comment that either affirms that the immediate final decision takes
effect or reverses the decision.
The ODEQ's program revision application includes State regulatory
changes that are equivalent to the rules promulgated in the Federal
RCRA implementing regulations in 40 CFR
[[Page 50529]]
parts 124, 260-263, 264, 265, 266, 270, 273, and 279, that were
published in the FR through June 30, 1995. This 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. Recovered Oil Exclusion, Oklahoma Administrative Code (OAC) 27A
[59 FR 38536-38545] July 28, Oklahoma Statutes (O.S.), Supp. 1993,
1994. (Checklist 135). Sec. 2-7-106 effective July 1, 1993;
Sec. 2-7-104 effective July 1, 1994;
Oklahoma Hazardous Waste Management Act
(OHWMA), as amended, 252, Chapter 200
(Rules); 252:200-3-1, through 252:200-3-
4, amended June 18, 1996, emergency rule
effective August 1, 1996, permanent rule
effective June 1, 1997; 252:200-3-5, and
252:200:3-6 adopted March 30, 1994,
effective May 26, 1994.
2. Removal of the Conditional OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Exemption for Certain Slag amended 1993, effective July 1, 1993;
Residues, [59 FR 43496- 27A O.S. Supp. 1996 Sec. 2-7-104, Sec.
43500] August 24, 1994. 2-7-105(17), Sec. 2-7-107(A)(3),
(Checklist 136). effective July 1, 1994; OHWMA Rules
252:200-3-1 through 252:200-3-4, amended
June 18, 1996, emergency effective date
August 1, 1996, permanent rule effective
June 1, 1997; 252:200-3-5, and 252:200-3-
6, effective May 26, 1994.
3. Universal Treatment OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Standards and Treatment amended 1993, effective July 1, 1993;
Standards for Organic Sec. 2-7-104, added by Laws 1994, and
Toxicity Characteristic Sec. 2-7-107(10), effective July 1,
Wastes and Newly Listed 1994; OHWMA Rules 252:200-3-1 through
Wastes, [59 FR 47982-48110], 252:200-3-4, amended June 18, 1996,
September 19, 1994. emergency effective date August 1, 1996,
(Checklist 137). permanent effective June 1, 1997;
252:200-3-5, and 252:200-3-6, Finally
adopted March 30, 1994, effective as
permanent rules May 26, 1994.
4. Testing and Monitoring OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Activities Amendment I, [60 amended 1993, effective July 1, 1993;
FR 3089-3095] January 13, Sec. 2-7-104, Added by Laws 1994,
1995. (Checklist 139). effective July 1, 1994; OHWMA Rules
252:200-3-1 through 252:200-3-4, amended
June 18, 1996, emergency effective date
August 1, 1996, permanent effective June
1, 1997; 252:200-3-5, and 252:200-3-6,
Finally adopted March 30, 1994,
effective May 26, 1994.
5. Carbamate Production OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Identification and Listing amended 1993, effective July 1, 1993;
of Hazardous Waste, [60 FR Sec. 2-7-104, Added by Laws 1994 and
7824-7859] February 9, 1995; Sec. 2-7-106, effective July 1, 1994;
as amended at [60 FR 19165] OHWMA Rules 252:200-3-1 through 252:200-
April 17, 1995. (Checklist 3-4, amended June 18, 1996, emergency
140). effective date August 1, 1996, permanent
effective June 1, 1997; 252:200-3-5, and
252:200-3-6, Finally adopted March 30,
1994, effective as permanent May 26,
1994.
6. Testing and Monitoring OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Activities Amendment II, [60 amended 1993, effective July 1, 1993;
FR 17001-17004] April 4, Sec. 2-7-104, Added by Laws 1994,
1995. (Checklist 141). effective July 1, 1994; OHWMA Rules
252:200-3-1 through 252:200-3-4, amended
June 18, 1996, emergency effective date
1, 1996, permanent effective June 1,
1997; 252:200-3-5, and 252:200-3-6,
Finally effective May 26, 1994.
7. Universal Waste: General OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Provisions; Specific amended 1993, effective July 1, 1993;
Provisions for Batteries; Sec. 2-7-104, Added by Laws 1994,
Specific Provisions for effective July 1, 1994; OHWMA Rules
Pesticides; Specific 252:200-3-1 through 252:200-3-4, amended
Provisions for Thermostats; June 18, 1996, emergency effective date
Petition Provisions to Add a August 1, 1996, permanent effective June
New Universal Waste , [60 FR 1, 1997; 252:200-3-5, and 252:200-3-6,
25492-25551] May 11, 1995 . effective May 26, 1994.
(Checklists 142A, 142B,
142C, 142D & 142E).
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Oklahoma is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that ODEQ's application for a program revision meets the
statutory and regulatory requirements established by RCRA. Accordingly,
ODEQ is granted Final Authorization to operate its hazardous waste
program as revised. 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
The EPA uses 40 CFR part 272 for codification of the decision to
authorize ODEQ's program and for incorporation by reference of those
provisions of its statutes and regulations that EPA will enforce under
sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving
amendment of 40 CFR part 272, subpart LL until a later date.
E. Compliance With Executive Order 12866
The Office of Management and Budget (OMB) has exempted this rule
from the requirements of section 6 of Executive Order 12866.
F. Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'', applies to any rule that: (1) the OMB
determines is ``economically significant'' as defined under Executive
Order 12866, and (2) concerns an environmental health or safety risk
that the EPA has reason to believe may have disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evluate the environmental health or safety effects of the planned rule
on children and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because it does not involve decisions based on environmental health
or safety risks.
G. Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the
[[Page 50530]]
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments. If the mandate is
unfunded, EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
This rule is not subject to Executive Order 13084 because it does
not significantly or uniquely affects the communities of Indian tribal
governments. The State of Oklahoma is not authorized to implement the
RCRA hazardous waste program in Indian country. This action has no
effect on the hazardous waste program that the EPA implements in the
Indian country within the State.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.
I. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, the EPA must prepare a written statement, of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. The
EPA has determined that sections 202 and 205 requirements do not apply
to today's action because this rule does not contain a Federal mandate
that may result in annual expenditures of $100 million or more for
State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the State of Oklahoma's program, and today's action does
not impose any additional obligations on regulated entities. In fact,
EPA's approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
The requirements of 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 the UMRA requires EPA to develop a
small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Although small governments may be hazardous waste
generators, transporters, or own and/or operate treatments, storage
disposal facilities (TSDFs), they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
J. Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e. small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule therefore, does not require a regulatory
flexibility analysis.
K. 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 1966, 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'' defined by 5 U.S.C. 804(2).
L. 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.
M. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a
[[Page 50531]]
mandate upon a State, local or tribal government, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by those governments. If the mandate is unfunded, EPA
must provide to the Office of Management and Budget a description of
the extent of EPA's prior consultation with representatives of affected
State, local and tribal governments, the nature of their concerns,
copies of any written communications from the governments, and a
statement supporting the need to issue the regulation. In addition,
Executive Order 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business Indian lands, Hazardous materials transportation,
Hazardous waste, Indian lands relations, Intergovernmental information,
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).
W.B. Hathaway,
Acting Regional Administrator, Region 6.
[FR Doc. 98-25200 Filed 9-21-98; 8:45 am]
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