[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Rules and Regulations]
[Pages 67800-67802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32575]



[[Page 67800]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6198-9]


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 on this action, 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 February 8, 1999 
without further notice, unless EPA receives adverse comments by January 
8, 1999. Should the EPA receive such comments, it will publish a timely 
withdrawal of this Immediate Final Rule in the Federal Register and 
inform the public that the rule will not take effect.
    Written comments, referring to Docket Number OK-98-3, 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.

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.


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, 273 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 October 9, 1996 
(61 FR 52884-52886), 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 and July 14, 1998. 
On July 31, 1998, Oklahoma submitted a final complete program revision 
application for additional program approvals. The State of Oklahoma has 
also adopted the regulations for Import and Export of Hazardous Waste. 
However, the requirements of the Import and Export regulations will be 
administered by the EPA and not the State because the exercise of 
foreign relations and international commerce powers is reserved to the 
Federal government under the United States Constitution. Therefore, the 
State is not seeking authorization for this rule. Today, Oklahoma is 
seeking approval of its program revision in accordance with 
Sec. 271.21(b)(3).
    Oklahoma statutes provide authority for a single State agency, the 
ODEQ, to administer the provisions of the State Hazardous Waste 
Management Program. These statutes are the Oklahoma Environmental 
Quality Act, 27 O.S. Supplement (Supp) 1997 sections 1-1-101 et seq. 
General provisions of the Oklahoma Environmental Quality Code which may 
affect the Hazardous Waste Program, 27A O.S. Supp. 1997 sections 2-1-
101 through 2-3-507; and the Oklahoma Hazardous Waste Management Act 
(OHWMA), 27A O.S. Supp. 1997 sections 2-7-101 et seq. No amendments 
were made to the above statutory authorities during the 1997 
legislative session which will substantially affect the State Hazardous 
Waste Management Program; however, 27A O.S. sections 2-14-305 has been 
added to allow for issuance of general permits.
    On January 8, 1998, the Council voted to recommend amendments to 
Oklahoma Administrative Code (OAC) 252:200-3-1 and 252:200:3-2 to 
incorporate by reference, in accordance with Guidelines For State 
Adoption of Federal Regulations by Reference, the following EPA 
Hazardous Waste Management Regulations as amended through July 1, 1997: 
the provisions of 40 CFR part 124 which are required by 40 CFR 271.14 
as well as 124.31, 124.32 and 124.33; 40 CFR parts 260-266, with the 
exception of 40 CFR 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 January 27, 1998 as permanent and emergency rules. The 
emergency rules amendments became effective as permanent rules on June 
1, 1998. The ODEQ remains the official agency of the State of Oklahoma, 
as designated by 27A O.S. Supp. 1997 sections 2-7-105(13) to cooperate 
with Federal agencies for the purposes of hazardous waste regulations. 
The OHWMA delegates authority to the ODEQ to administer the State 
Hazardous Waste Program, including the statutory and regulatory 
provisions necessary to administer the RCRA Cluster VI requirements.
    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 revisions 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 EPA's final decision until January 8, 1999. 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 became effective 60 days 
from the date this document is published, unless an adverse written 
comment pertaining

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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, 
the 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 parts 124, 260-263, 264, 265, 
266, 270, 273, and 279, that were published in the FR from July 1, 1995 
through June 30, 1996. This proposed approval includes the provisions 
that are listed in the chart below. This chart also lists the State 
analogs that are being recognized as equivalent to the appropriate 
Federal requirements.

------------------------------------------------------------------------
       Federal citation                       State analog
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1. Hazardous Waste             OAC 27A Oklahoma Statutes (O.S.), Supp.
 Management; Liquids in         1997, Sec.  2-2-104 laws added 1994,
 Landfills, [60 FR 35703]       effective July 1, 1994; Secs.  2-7-106,
 July 11, 1995 (Checklist       amended 1993, and 2-7-107(A)(10),
 145).                          effective July 1, 1993. OHWMA, as
                                amended, 252:200-3-1, through 252:200-3-
                                4, amended January 27, 1998, emergency
                                rule effective March 23, 1998, permanent
                                rule effective June 1, 1998.
2. RCRA Expanded Public        OAC 27A O.S., Supp. 1997, Secs.  2-7-104
 Participation, [60 FR 63417]   added 1994, effective July 1, 1994; 27A
 December 11, 1995 (Checklist   O.S. Supp. 1996 Sec.  2-7-106, and Sec.
 148).                          2-7-105(15), effective July 1, 1993;
                                OHWMA Rules 252:200-3-1 through 252:200-
                                3-4, amended January 27, 1998, emergency
                                effective date March 23,1998, permanent
                                rule effective June 1, 1998.
3. Identification and Listing  OAC 27A O.S., Supp. 1997, Secs.  2-7-106
 of Hazardous Waste;            amended 1993, effective July 1, 1993;
 Amendments to Definition of    and Sec.  2-7-104, added by Laws 1994,
 Solid Waste, [61 FR 13103],    effective July 1, 1994; OHWMA Rules
 March 26, 1996. (Checklist     252:200-3-1 through 252:200-3-4, amended
 150).                          January 27, 1998, emergency effective
                                date March 23, 1998, permanent effective
                                June 1, 1998.
4. Land Disposal Restrictions  OAC 27A O.S., Supp. 1996, Secs.  2-7-106
 Phase III-Deharacterized       amended 1993, effective July 1, 1993;
 Wastewaters, Carbamate         Sec.  2-7-104, Added by Laws 1994 and
 Waste, and Spent Potliners,    Sec.  2-7-106, effective July 1, 1994;
 [61 FR 15660] April 8, 1996,   OHWMA Rules 252:200-3-1 through 252:200-
 [61 FR 19117] April 30, 1996   3-4, amended June 18, 1996, emergency
 [61FR 33680], June 28, 1996,   effective date August 1, 1996, permanent
 [61 FR 36419], July 10,        effective June 1, 1997; 252:200-3-5, and
 1996, [61 FR 43924], April     252:200-3-6, Finally adopted March 30,
 26, 1996, and [62 FR 7502]     1994, effective as permanent May 26,
 February 19, 1997,             1994.
 (Checklist 151.1, 151.2,
 151.3, 151.4, 151.5 and
 151.6).
------------------------------------------------------------------------

    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. Upon effective final approval Oklahoma will be 
responsible 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. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law (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.
    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 already exist under 
the State of Oklahoma's program, and today's action does not impose any 
additional obligations on regulated entities. In fact, the 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 sections 203 of UMRA also do not apply to 
today's action because 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 of hazardous waste, treatments, storage or disposal 
facilities (TSDFs), they are already subject to the regulatory 
requirements under the existing State laws that are being authorized by 
the EPA, and, thus, are not subject to any additional significant or 
unique requirements by virtue of this program approval.

F. 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

[[Page 67802]]

subject to the regulatory requirements under the existing State laws 
that are now being authorized by the EPA. The EPA's authorization does 
not impose any significant additional burdens on these small entities. 
This is because the 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.

G. 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).

H. Regulatory Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from the requirements of section 3 of Executive Order 12866.

I. Protection of Children From Environmental Health Risk and Safety 
risks Under Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risk'' 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 a disproportionate effect 
on children. If the regulatory action meets both criteria, the Agency 
must evaluate 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.

J. Enhancing Intergovernmental Partnership Under Executive Order 
12875

    Under Executive Order 12875, the EPA may not issue regulation that 
is not required by statute and that creates a 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, the EPA must provide to the 
OMB 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 the 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.

K. Consultation and Coordination With Indian Tribal Governments 
Under Executive Order 13084

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not require 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 
Federal government provides the funds necessary to pay the direct 
compliance cost incurred by the tribal governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
13084 requires the EPA to provide the OMB , 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, summary of the nature of their concerns, and a statement 
supporting the need to issue the regulations. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting 
elected officials 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.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

L. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs the 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 the 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This action does not involved technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

Paper 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 required community.

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).
Jerry Clifford,
Deputy Regional Administrator, Region 6.
[FR Doc. 98-32575 Filed 12-8-98; 8:45 am]
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