[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              
------------------------------------------------------------------------
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).                                                    
------------------------------------------------------------------------

    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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