[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Rules and Regulations]
[Pages 17308-17311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8667]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7479-1]


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 Recovery Act (RCRA). The EPA has determined that these 
revisions 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 revisions without a prior proposal because we believe this action 
is not controversial and do not expect comments that oppose it. Unless 
we get adverse comments which oppose this authorization during the 
comment period, the decision to authorize the Oklahoma Department of 
Environmental Quality's (ODEQ) revisions to their hazardous waste 
program will take effect. If adverse comments are received, we will 
publish a document in the Federal Register either: A withdrawal of the 
immediate Final decisions and a separate document in the proposed rules 
section of this Federal Register will serve as a proposal to authorize 
the changes, or a document containing a response to comments and which 
either affirms that the immediate Final decision takes effect or 
reverses the decision.

EFFECTIVE DATE: This immediate final rule is effective on June 9, 2003, 
unless EPA receives adverse written comments by May 9, 2003. Should EPA 
receive such comments, it will publish a timely document either: 
Withdrawing the immediate final publication or affirming the 
publication and responding to comments.

ADDRESSES: Written comments, referring to Docket Number OK-01-03, 
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 
revisions are available for inspection and copying from 8:30 a.m. to 4 
p.m. Monday through Friday at the following address: 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

[[Page 17309]]

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 
(Cluster X 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. 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 50362-50363) published December 27, 1984 to implement its 
base hazardous waste management program. We authorized the following 
revisions: Oklahoma received authorization for revisions to its program 
with publication dates: April 17, 1990 (55 FR 14280-14282), effective 
June 18, 1990; September 26, 1990 (55 FR 39274) effective November 27, 
1990; April 2, 1991 (56 FR 13411-13413) effective June 3, 1991; 
September 20, 1991 (56 FR 47675-47677) effective November 19, 1991; 
September 29, 1993 (58 FR 50854-50856) effective November 29, 1993; 
October 12, 1993 (52679-52682) effective December 13, 1993; October 7, 
1994 (59 FR 51116-51122) effective December 21, 1994; January 11, 1995 
(60 FR 2699-2702) effective April 27, 1995; October 9, 1996 (61 FR 
52884-52886) effective December 23, 1996; Technical Correction March 
14, 1997 (12100-12101) effective March 14, 1997; September 22, 1998 (63 
FR 50528-50531) effective November 23, 1998; March 29, 2000 (65 FR 
16528-16532) effective May 30, 2000; May 10, 2000 (65 FR 29981-29985) 
effective June 9, 2000; and January 2, 2001 (66 FR 28-33) effective 
March 5, 2001. The authorized Oklahoma RCRA program was incorporated by 
reference into the CFR published on December 9, 1998 (67800-67834) 
effective February 8, 1999 and August 26, 1999 (46567-46571) effective 
October 25, 1999. On October 15, 2001, 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.) 2000 Sec. Sec.  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.). 2000 
Sec. Sec.  2-1-101 through 2-3-507; and the Oklahoma Hazardous Waste 
Management Act (OHWMA), 27A O.S. Supp. 2000 Sec. Sec.  2-7-101 et seq., 
specifically Sec.  2-7-104 and 27A O.S. Supp. 2000 Sec. Sec.  2-14-305 
allows for issuance of general permits. No amendments were made to the 
above statutory authorities during the 2001 legislative session which 
will substantially affect the State Hazardous Waste Management Program.
    The Oklahoma Board adopted RCRA Cluster X rules on February 23, 
2001, as permanent rules. These permanent rules became effective on 
June 11, 2001, 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, 2000: The provisions 
of Title 40 CFR part 124.31, 124.32 and 124.33; 40 CFR parts 260-266, 
with the exception of 40 CFR 260.21, 264.(f), 264.150, 264.301(1), 
264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 264.1080(g), 
265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1010(f), 265.1080(e), 
265.1080(f), and 265.1080(g); 40 CFR part 268 except 268.5, 268.6, 
268.13, 268.42(b), 268.44(a) through (g), and 268.44(m) through (p); 40 
CFR part 270 except 271.14(b)(18); 40 CFR part 273; and 40 CFR part 
279.
    The ODEQ remains the official agency of the State of Oklahoma, as 
designated by 27A O.S. Supp. 2000 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 
program, including the statutory and regulatory provisions necessary to 
administer the RCRA Cluster X provisions. 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 revisions of the State program to include administration of the 
provisions of portions of RCRA Cluster X 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 October 15, 2001 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, 1999 to June 
30, 2000 (RCRA Cluster X) Oklahoma requirements are included in a chart 
with this document.

[[Page 17310]]



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            Federal Citation                       State Analog
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1. Delisting Waste, [50 FR 28702] July   27A O.S. Supp. 2000 Sec.   2-2-
 15, 1985. (Checklist 17B).               104 Added by Laws 1994,
                                          effective July 1, 1994,
                                          Annotated Oklahoma Statutes
                                          27A. O.S. Supp Sec.   2-2-106
                                          Amended by Laws 1981,
                                          effective July 1, 1981;
                                          Amended by Laws 1993, Rules
                                          252:205:3-1 through 252:205:3-
                                          7 permanent effective date
                                          June 11, 2001.
2. Universal Waste Rule: Specific        27A O.S. Supp. 2000 Sec.   2-2-
 Provisions for Hazardous Waste Lamps,    104 Added by Laws 1994,
 [64 FR 36466-36490] July 6, 1999.        effective July 1, 1994,
 (Checklist 181).                         Annotated Oklahoma Statutes 27
                                          A. O.S. Supp 2000 Sec.   2-2-
                                          106 Amended by Laws 1981,
                                          effective July 1, 1981;
                                          Amended by Laws 1993, Rules
                                          252:205:3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 2001.
3. Hazardous Waste Recycling; Land       27A O.S. Supp. 2000 Sec.   2-2-
 Disposal Restrictions; Final Rule,       104 Added by Laws 1994,
 Hazardous Waste Air Pollutant            effective July 1, 1994,
 Standards for Combustors,                Annotated Oklahoma Statutes 27
 Miscellaneous Units, and Secondary       A. O.S. Supp 2000 Sec.   2-2-
 Lead Smelters; Clarification of BIF      106 Amended by Laws 1981,
 Requirements; Technical Correction to    effective July 1, 1981;
 Fast-track Rule, [64 FR 52828-53077;     Amended by Laws 1993, Rules
 64 FR 63209-63213] September 30, 1999;   252:205-3-1 through 252:205-3-
 and November 19, 1999. (Checklist 182).  7 permanent effective date
                                          June 11, 2001.
4. Land Disposal Restrictions Phase IV:  27A O.S. Supp 2000 Sec.   2-2-
 Final Rule Promulgating Treatment        104 Added by Laws 1994,
 Standards for Metal Wastes and Mineral   effective July 1, 1994,
 Processing Wastes; Mineral Processing    Annotated Oklahoma Statutes 27
 Secondary Materials and Bevill           A. O.S. Supp 2000 Sec.   2-2-
 Exclusion Issues; Treatment Standards    106 amended by Laws 1981,
 for Hazardous Soils, and Exclusion of    effective July 1, 1981;
 Recycled Wood Preserving Wastewaters,    amended by Laws 1993, Rules
 [64 FR 56469-56472] October 20, 1999.    252:205:3-1 through 252:205-3-
 (Checklist 183).                         7 permanent effective date
                                          June 11, 2001.
5. Accumulation Time Under RCRA for      27A O.S. Supp. 2000 Sec.   2-2-
 Waste Water Treatment Sludges From the   104 Added by Laws 1994,
 Metal Finishing Industry; Final Rule:    effective July 1, 1994,
 Vacatur of Organobromine Production      Annotated Oklahoma Statutes 27
 Waste Listings, [65 FR 12378-12398]      A. O.S. Supp 2000 Sec.   2-2-
 March 8, 2000. (Checklist 184).          106 Amended by Laws 1981,
                                          effective July 1, 1981;
                                          Amended by Laws 1993, Rules
                                          252:205:3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 2001.
6. Organobromine Production Waste;       27A O.S. Supp 2000 Sec.   2-2-
 Identification and Listing of            104 Added by Laws 1994,
 Hazardous Waste; Land Disposal           effective July 1, 1994,
 Restrictions; Listing of CERCLA          Annotated Oklahoma Statutes 27
 Hazardous Substances, Reportable         A. O.S. Supp 2000 Sec.   2-2-
 Quantities; Final Rule, [65 FR 14472-    106 Amended by Laws 1981,
 14475] March 17, 2000. (Checklist 185).  effective July 1, 1981;
                                          Amended by Laws 1993, Rules
                                          252:205:3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 2001.
7. Accumulation Time Under RCRA for      27A O.S. Supp. 2000 Sec.   2-2-
 Waste Water Treatment Sludges From the   104 Added by Laws 1994,
 Metal Finishing Industry; Final Rule:    effective July 1, 1994,
 Petroleum Refining Process Wastes-       Annotated Oklahoma Statutes 27
 Clarification, [64 FR 36365-36367]       A. O.S. Supp 2000 Sec.   2-2-
 June 8, 2000. (Checklist 187).           106 Amended by Laws 1981,
                                          effective July 1, 1981;
                                          Amended by Laws 1993, Rules
                                          252:205:3-1 through 252:205-3-
                                          7 permanent effective date
                                          June 11, 2001.
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E. 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.

F. How do the Revised State Rules Differ From the Federal Rules?

    In this authorization of the State of Oklahoma's program revisions 
for RCRA Cluster X, 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.

G. Who Handles Permits After This Authorization Takes Effect?

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

H. Why was There not a Proposal 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.

I. 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-01-03). We must receive your comments by May 9, 2003. 
You may not have an opportunity to comment again. If you want to 
comment on this action, you must do so at this time.

[[Page 17311]]

J. 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.

K. When Will This Approval Take Effect?

    Unless EPA receives comments opposing this action, this final 
authorization approval will become effective without further notice on 
June 9, 2003.

L. 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.

M. 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.

N. 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 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 
rule incorporated by reference Oklahoma's authorized hazardous waste 
management regulations, and imposes no additional requirements beyond 
those imposed by State law. This final 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.). Incorporation by 
reference will not impose any new burdens on small entities. 
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. 3501 et. seq.). Because this rule 
merely incorporates by reference certain existing State hazardous waste 
management program requirements which EPA already approves under CFR 
part 271, and does not impose any additional enforceable duty beyond 
that required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This action will not have substantial direct effects on the 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 incorporates by reference 
existing State hazardous waste management program requirements without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also does not have 
Tribal implications within the meaning of Executive Order 13175 (65 FR 
67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885M April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This action is not subject to Executive Order 13211, ``Action 
Concerning Regulations That Significantly Affect Energy Supply 
Distribution or Use`` (66 FR 28344, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
incorporation by reference 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 incorporation by reference 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) do not apply. The 
final rule does not include environment justice issues that require 
consideration under Executive Order 12898 (59 FR 7629, February 16, 
1994). EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. 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 Congressional Review Act, 5 U.S.C. 3501 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 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). This action will be effective on June 9, 
2003.

List of Subjects in 40 CFR Part 271

    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 document 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: March 27, 2003.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 03-8667 Filed 4-8-03; 8:45 am]
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