[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Rules and Regulations]
[Pages 28-33]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33155]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6923-6]


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 of 
the changes to its Hazardous Waste Program under the Resource 
Conservation and

[[Page 29]]

Recovery Act (RCRA). The EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. 
The EPA is publishing this rule to authorize the changes without a 
prior proposal because we believe this action is not controversial and 
do not expect comments that oppose it. Unless we get written comments 
which oppose this authorization during the comment period, the decision 
to authorize the Oklahoma Department of Environmental Quality`s (ODEQ) 
changes to their hazardous waste program will take effect. If we get 
comments that oppose this action, we will publish a document in the 
Federal Register withdrawing this rule before it takes effect and a 
separate document in the proposed rules section of this Federal 
Register will serve as a proposal to authorize the changes.

DATES: This immediate final rule is effective on March 5, 2001 unless 
EPA receives adverse written comments by February 1, 2001. If EPA 
receives such comments, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Written comments, referring to Docket Number OK-00-3, should 
be sent to Alima Patterson Region 6 Regional Authorization Coordinator, 
Grants and Authorization Section (6PD-G), Multimedia Planning and 
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733. Copies of 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: Oklahoma Department of Environmental 
Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677, (405) 
702-7180 and EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
(214) 665-6444.

FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States that receive final authorization from EPA under RCRA Section 
3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program 
that is equivalent to, consistent with, and no less stringent than the 
Federal Hazardous Waste Program. As the Federal program changes, States 
must change their programs and ask EPA to authorize the changes. 
Changes to State programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must change their programs because 
of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) 
parts 124, 260-266, 268, 270, 273, and 279.

B. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Oklahoma subject 
to RCRA will have to comply with the authorized State requirements (in 
portions of RCRA Cluster VIII and RCRA Cluster IX listed in this 
document) instead of the equivalent federal requirements in order to 
comply with RCRA. Oklahoma has enforcement responsibilities under its 
state hazardous waste program for violations of such program, but EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to: (1) Do inspections, and 
require monitoring, tests, analyses or reports, (2) enforce RCRA 
requirements and suspend or revoke permits, and (3) take enforcement 
actions regardless of whether the State has taken its own actions. This 
action does not impose additional requirements on the regulated 
community because the regulations for which Oklahoma is being 
authorized by today's action are already effective, and are not changed 
by today's action.

C. What Is the History of Oklahoma's Final Authorization and Its 
Revisions?

    Oklahoma initially received Final Authorization on January 10, 
1985, (49 FR 50362) to implement its base hazardous waste management 
program. We authorized the following revisions: 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), 
Technical Correction effective March 14, 1997 (62 FR 12100); effective 
February 8, 1999 (63 FR 67800-67802); (65 FR 16528) effective April 28, 
2000 and effective July 10, 2000 (65 FR 29981-29985). The authorized 
Oklahoma RCRA program was incorporated by reference into the CFR 
effective December 13, 1993 (58 FR 52679-52682); and (63 FR 23673-
23678) effective July 14, 1998. On August 3, 2000, Oklahoma submitted a 
final complete program revision application, seeking authorization of 
its program revision in accordance with 40 CFR 271.21.
    Oklahoma statutes provide authority for a single State agency, the 
Oklahoma Department of Environmental Quality (ODEQ,) to administer the 
provisions of the State Hazardous Waste Management Program. These 
statutes are the Oklahoma Department of Environmental Quality Act, 27 
O.S. Supplement (Supp) 1999 Secs. 1-1-101 et seq. General provisions of 
the Oklahoma Environmental Quality Code which may affect the Hazardous 
Waste Program are 27A O.S. Supplement (Supp). 1999 Secs. 2-1-101 
through 2-3-507; and the Oklahoma Hazardous Waste Management Act 
(OHWMA), 27A O.S. Supp. 1999 Secs. 2-7-101 et seq. No amendments were 
made to the above statutory authorities during the 2000 legislative 
session which will substantially affect the State Hazardous Waste 
Management Program.
    The Oklahoma Board adopted RCRA Cluster IX rules on February 25, 
2000, as permanent rules. These permanent rules became effective on 
June 12, 2000, to implement the State hazardous waste program, which 
are codified in OAC 252:205 et seq.
    These rules include provisions, found at OAC 252:205-3-1 through 
252:205-3-6, to incorporate by reference, in accordance with the 
Guidelines For State Adoption of Federal Regulations By Reference, the 
following EPA Hazardous Waste Management Regulations as amended through 
July 1, 1999. The provisions of Title 40 CFR part 124 which are 
required by 40 CFR part 271.14 as well as parts 124.19 (a) through (c) 
and (e), 124.31, and 124.32 and 124.33; 40 CFR parts 260-266, with the 
exception of 40 CFR parts 260.20 through 260.22, 264.1(f), 264.149, 
264.150, 264.301(1), the Appendix VI to part 264, 265.1(c)(4), and 
265.149 and 265.150; 40 CFR part 268 except 268.5, 268.5, 268.6, 
268.10, 268.11, 268.12, 268.13, 268.42(b), 268.44 (a), through (g) and 
268.44 (m) through (p); 40 CFR part 270 except 270.14(b)(18); 40 CFR 
part 273; and 40 CFR part 279). Additionally, the rules adopt the new 
or superseding amendments to 40 CFR found in 64 FR 36465-36490 
published July 6, 1999, dealing with hazardous waste lamps as a 
universal waste.
    The ODEQ remains the official agency of the State of Oklahoma, as 
designated by 27A O.S. Supp. 1999 Section 2-7-105(13) to cooperate with 
Federal agencies for purposes of hazardous waste regulation. The OHWMA 
delegates authority to the ODEQ to administer the State hazardous waste

[[Page 30]]

program, including the statutory and regulatory provisions necessary to 
administer the RCRA Cluster IX provisions. Included in this Federal 
Register notice also are portions of RCRA Cluster VIII rules 
(Checklists 166, 167 A, 167 B, 167 C & C.1, and 167 E) that were not 
authorized when the State was granted authorization for RCRA Cluster 
VIII effective July 10, 2000. However, the RCRA Cluster VIII 
regulations were effective in the State on June 11, 1999. The DEQ is 
the sole State agency responsible for administering the provisions of 
the OHWMA.
    At the present, the Oklahoma Corporation Commission (OCC) regulates 
certain aspects of the oil and gas production and transportation 
industry in Oklahoma, including certain waste generated by pipelines, 
bulk fuel sales terminals and certain tank farms. The ODEQ and the OCC 
have in place a ODEQ/OCC Jurisdictional Guidance Document that reflects 
the current state of affairs between the two agencies. The current 
ODEQ/OCC jurisdictional Guidance Document was amended and signed on 
January 27, 1999. The ODEQ exclusively hazardous regulates waste in 
Oklahoma (excluding Indian lands) and OCC does not regulate hazardous 
waste in Oklahoma.
    The revisions of the State program to include administration of the 
provisions of portions of RCRA Cluster VIII and RCRA Cluster IX will 
not require a change in responsibility for administration of the State 
hazardous waste program.

D. What Changes Are We Approving With Today's Action?

    On August 3, 2000, the State of Oklahoma submitted a final complete 
program application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make an immediate Final decision, 
subject to receipt of written comments that oppose this action, that 
the State of Oklahoma's hazardous waste program revision satisfies all 
of the requirements necessary to qualify for Final authorization. The 
State of Oklahoma revisions consist of regulations which specifically 
govern Federal Hazardous Waste promulgated from July 1, 1998 to June 
30, 1999 (RCRA Cluster IX) and also portion of RCRA Cluster VIII 
promulgated from July 1, 1997 to June 30, 1998. Oklahoma requirements 
are included in a chart with this document.

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            Federal citation                       State analog
------------------------------------------------------------------------
 1. Recycled Used Oil Management         27A O.S. Supp. 1998 Sec.  2-2-
 Standards; Technical Correction and      104 Added by Laws 1994,
 Clarification, [63 FR 24963] May 6,      effective July 1, 1994,
 1998. (Checklist 166).                   Annotated Oklahoma Statutes 27
                                          A. O.S. Supp. 1998 Sec.  2-2-
                                          106 Amended by Laws 1993,
                                          effective July 1, 1993, Rules
                                          252:205:3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 1999.
 2. Land Disposal Restrictions Phase     27A O.S. Supp, 1998 Sec.  2-2-
 IV--Treatment Standards for Metal        104 Added by Laws 1994,
 Wastes and Mineral Processing Wastes,    effective July 1, 1994; 27A
 [63 FR 28556] May 26, 1998. (Checklist   O.S. Supp, 1998 Sec.  2-7-106
 167 A).                                  Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 1999.
 3. Land Disposal Restrictions Phase     27A O.S. Supp, 1998 Sec.  2-2-
 IV--Hazardous Soils Treatment            104 Added by Laws, 1994,
 Standards and Exclusions, [63 FR         effective July 1, 1994; 27A
 28556] May 26, 1998. (Checklist 167 B).  O.S. Supp, 1998 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 1999.
 4. Land Disposal Restrictions Phase     27A O.S. Supp. 1998 Sec.  2-2-
 IV--Corrections, [63 FR 28556] May 26,   104 Added by Laws 1994,
 1998. (Checklist 167 C and 167.C.1).     effective July 1, 1994; 27A
                                          O.S. Supp, 1998 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252-205-3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 1999.
 5. Bevill Exclusion Revisions and       27A O.S. Supp. 1998 Sec.  2-2-
 Clarification, [63 FR 28556] May 26,     104 Added by Laws 1994,
 1998. (Checklist 167 E).                 effective July 1, 1994; 27A
                                          O.S. Supp, 1998 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 1999.
 6. Petroleum Refining Waste Process,    27A O.S. Supp. 1999 Sec.  2-2-
 [63 FR 42110] August 6, 1998             104 Added by Laws 1994,
 (Checklist 169).                         effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 7. Petroleum Refining Waste Process,    27A O.S. Supp. 1999 Sec.  2-2-
 [63 FR 54356] October 9, 1998.           104 Added by Laws 1994,
 (Checklist 169.1).                       effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 8. Land Disposal Restrictions--Phase    27A O.S. Supp. 1999 Sec.  2-2-
 IV, [63 FR 46332] August 31, 1998.       104 Added by Laws 1994,
 (Checklist 170).                         effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 9. Emergency Revisions of LDR           27A O.S. Supp. 1999 Sec.  2-2-
 Treatment Standards, [63 FR 47409]       104 Added by Laws 1994,
 September 4, 1998. (Checklist 171).      effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 10. Emergency Revisions of LDR          27A O.S. Supp. 1999 Sec.  2-2-
 Treatment Standards, [63 FR 48124]       104 Added by Laws 1994,
 September 9, 1998. (Checklist 172).      effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 11. Land Disposal Restrictions          27A O.S. Supp. 1999 Sec.  2-2-
 Treatment Standards (Spent Potliners),   104 Added by Laws 1994,
 [63 FR 51254] September 24, 1998.        effective July 1, 1994; 27A
 (Checklist 173).                         O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.

[[Page 31]]

 
 12. Standards Applicable to Owners and  27A O.S. Supp. 1999 Sec.  2-2-
 Operators of Closed/Closing              104 Added by Laws 1994,
 Facilities, [63 FR 56710] October 22,    effective July 1, 1994; 27A
 1998. (Checklist 174).                   O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 13. Hazardous Remediation Waste         27A O.S. Supp. 1999 Sec.  2-2-
 Management Requirements (HWIR-Media),    104 Added by Laws 1994,
 [63 FR 65874] November 30, 1998.         effective July 1, 1994; 27A
 (Checklist 175).                         O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 14. Universal Waste Rule; Technical     27A O.S. Supp. 1999 Sec.  2-2-
 Amendment (Conditionally Optional),      104 Added by Laws 1994,
 [63 FR 71225] December 24, 1998.         effective July 1, 1994; 27A
 (Checklist 176).                         O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 15. Organic Air Emission Standards,     27A O.S. Supp. 1999 Sec.  2-2-
 [64 FR 3381] January 21, 1999.           104 Added by Laws 1994,
 (Checklist 177).                         effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 16. Petroleum Refining Process Wastes,  27A O.S. Supp. 1999 Sec.  2-2-
 [64 FR 6806] February 11, 1999.          104 Added by Laws 1994,
 (Checklist 178).                         effective July 1, 1994; 27A
                                          O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 17. Land Disposal Restrictions Phase    27A O.S. Supp. 1999 Sec.  2-2-
 IV--Technical Corrections and            104 Added by Laws 1994,
 Clarifications to Treatment Standards,   effective July 1, 1994; 27A
 [64 FR 25408] May 11, 1999. (Checklist   O.S. Supp, 1999 Sec.  2-7-106
 179).                                    Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
 18. Test Procedures for the Analysis    27A O.S. Supp. 1999 Sec.  2-2-
 of Oil and Grease Non-Polar Material,    104 Added by Laws 1994,
 [64 FR 26315] May 14, 1999. (Checklist   effective July 1, 1994; 27A
 180).                                    O.S. Supp, 1999 Sec.  2-7-106
                                          Amended by Laws 1993,
                                          effective July 1, 1993; Rules
                                          252:205-3-1 through 252:205-3-
                                          6 permanent effective date
                                          June 12, 2000.
------------------------------------------------------------------------

E. What Is the Relationship Between the Resource Conservation and 
Recovery Act and the Hazardous Waste Combustor MACT? How Does This 
Effect Delegation of This Standard to ODEQ's Authorization?

    In this authorization document, the State of Oklahoma is also 
seeking authorization for the Post-Closure Permit Requirement and 
Closure Process, (Checklist 174). On September 30, 1999, the EPA 
finalized the National Emission Standards for Hazardous Air Pollutants 
(NESHAP) for three categories waste combustors (HWCs): incinerators, 
cement kilns and light-weight aggregate kilns (64 FR 52828). The EPA 
promulgated this rule under joint authority of the Clean Air Act (AA) 
and (RCRA). Before this rule went into effect, the air emissions from 
these three types of HWCs was primarily regulated under the authority 
of RCRA (see 40 CFR parts 264, 265, 266, and 270). However, with the 
release of the final HWC NESHAP (see 40 CFR part 63 subpart EEE), the 
air emissions from these sources is now regulated under RCRA and the 
CAA. Even though both statutes give us the authority to regulate these 
emissions, we determined that having emissions standards and permitting 
requirements in both sets of implementing regulations would be 
duplicative. For this reason, using the authority provided by section 
1006(b) of RCRA, we deferred the RCRA requirements for HWC emission 
controls to the CAA requirements of 40 CFR part 63 subpart EEE.
    Therefore, with today's authorization of the State of Oklahoma for 
the RCRA provisions of the September 30, 1999 HWC NESHAP rule, the RCRA 
waste management standards for air emissions from these units will no 
longer apply after the facility has demonstrated compliance with 40 CFR 
part 63 subpart EEE. One notable exception concerns section 3005(c)(3) 
of RCRA, which requires that each RCRA permits contain the terms and 
conditions necessary to protect human health and the environment. Under 
this provision of RCRA, if a regulatory authority determines that more 
stringent conditions than the HWC NESHAP are necessary to protect human 
health and environment for a particular facility, then the regulatory 
authority may impose those conditions in the facility's RCRA permit. 
(See the HWC MACT rule preamble discussion on the interrelationship of 
the MACT rule with the RCRA Omibus provision and site specific risk 
assessment at (64 FR 52828, pages 52839-52843, September 30, 1999, and 
RCRA Site-Specific Risk Assessment Policy for Hazardous Waste 
Combustion Facilities dated June, 2000 for more information.

F. What Decisions Has EPA Made?

    We conclude that Oklahoma's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Therefore, we grant Oklahoma final authorization to operate its 
hazardous waste program with the changes described in the authorization 
application . Oklahoma has responsibility for permitting treatment, 
storage, and disposal facilities within its borders (except in Indian 
Country) and for carrying out the aspects of the RCRA program described 
in its revised program application, subject to the limitations of Solid 
Waste Amendments of 1984 (HSWA). New federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Oklahoma, including issuing permits, 
until the State is granted authorization to do so.

G. How Do the Revised State Rules Differ From the Federal Rules?

    In this authorization of the State of Oklahoma's program revisions 
for portions of RCRA Cluster VIII and RCRA Cluster IX, there are no 
provisions that are more stringent or broader in scope. Broader in 
scope requirements are not part of the authorized program and EPA can 
not enforce them.

H. Who Handles Permits After This Authorization Takes Effect?

    The State of Oklahoma will issue permits for all the provisions for 
which

[[Page 32]]

it is authorized and will administer the permits it issues. The EPA 
will continue to administer any RCRA hazardous waste permits or 
portions of permits which we issued prior to the effective date of this 
authorization. We will not issue any more permits or new portions of 
permits for the provisions listed in that Table in this document after 
the effective date of this authorization. The EPA will continue to 
implement and issue permits for HSWA requirements for which Oklahoma is 
not yet authorized.

I. Why Wasn't There Not Proposed Rule Before Today's Notice?

    The EPA did not publish a proposal before today's rule because we 
view this as a routine program change and do not expect comments that 
oppose this approval because we believe this action is not 
controversial. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the State program changes.

J. Where Do I Send My Comments and When Are They Due?

    You should send written comments to Alima Patterson, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to 
Docket Number OK-00-3. We must receive your comments by February 1, 
2001. You may not have an opportunity to comment again. If you want to 
comment on this action, you must do so at this time.

K. What Happens if EPA Receives Comments Opposing This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. The EPA will base any further 
decision on the authorization of the State program changes on the 
proposal mentioned in the previous paragraph. We will then address all 
public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

L. When Will This Approval Take Effect?

    Unless EPA receives comments opposing this action, this final 
authorization approval will become effective without further notice on 
March 5, 2001.

M. Where Can I Review The State's Application?

    You can review and copy the State of Oklahoma's application from 
8:30 a.m. to 4 p.m. Monday through Friday at the following addresses: 
Oklahoma Department of Environmental Quality, 707 North Robinson, 
Oklahoma City, Oklahoma 73101-1677, (405) 702-7180 and EPA, Region 6 , 
1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further 
information contact Alima Patterson, Regional Authorization 
Coordinator, Grants and Authorization Section (6PD-G), Multimedia 
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, (214) 665-8533.

N. Does Today's Action Affect Indian Country in Oklahoma?

    Oklahoma is not authorized to carry out its Hazardous Waste Program 
in Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect on Indian Country.

O. What Is Codification?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. The EPA does this by referencing the authorized 
State rules in 40 CFR part 272. The EPA reserves the amendment of 40 
CFR part 272, Subpart LL for this codification of Oklahoma's program 
changes until a later date.

Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirement for the purpose of RCRA 3006 and 
impose no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded Mandates Reform Act of 1995 
(Public Law 104-4). For the same reason, this action also does not 
significantly or uniquely affect the communities of tribal governments, 
as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This 
action will not have substantial direct effects on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999), because it merely authorizes State requirements as part of 
the State RCRA hazardous waste program without altering the 
relationship or the distribution of power and responsibilities 
established by RCRA. This action also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it does not make decisions based on environmental 
health or safety risks.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988(61 FR 4729, February 7, 1996), in 
issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. The EPA has 
compiled with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney Generals' Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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 will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United

[[Page 33]]

States prior to publication in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

Authority

    This notice is issued under the authority of sections 2002(a), 
3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 
6912(a), 6926, 6974(b).

    Dated: December 7, 2000.
Myron O. Knudson,
Acting Regional Administrator, Region 6.
[FR Doc. 00-33155 Filed 12-29-00; 8:45 am]
BILLING CODE 6560-50-P