Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules and Regulations 29231 

Approved critical uses Approved critical user and location of use 

Limiting critical conditions that exist, or that the 

approved critical user reasonably expects could arise 

without methyl bromide fumigation 

Column A Column B Column C 

(b) Florida growers .......................................................... Moderate to severe yellow or purple nutsedge infestation. 

Moderate to severe nematode infestation. 

Moderate to severe soilborne disease infestation. 

Carolina geranium or cut-leaf evening primrose infestation. 

Restrictions on alternatives due to karst topographical 

features and soils not supporting seepage irrigation. 

(c) Alabama, Arkansas, Georgia, Illinois, Kentucky, 

Louisiana, Maryland, Mississippi, Missouri, New Jersey, North Carolina, Ohio, South Carolina, Tennessee, and Virginia growers.

Moderate to severe yellow or purple nutsedge infestation. 

Moderate to severe nematode infestation. 

Moderate to severe black root and crown rot. 

Strawberry Nurseries ........... California growers ........................................................... Moderate to severe soilborne disease infestation. 

Moderate to severe yellow or purple nutsedge infestation. 

Moderate to severe nematode infestation. 

Sweet Potato Slips ............... California growers ........................................................... Local township limits prohibiting 1,3-dichloropropene. 

Tomatoes ............................. (a) Alabama, Arkansas, Florida, Georgia, Kentucky, 

Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia growers.

Moderate to severe yellow or purple nutsedge infestation. 

Moderate to severe soilborne disease infestation. 

Moderate to severe nematode infestation. 

Restrictions on alternatives due to karst topographical 

features and, in Florida, soils not supporting seepage 

irrigation. 

(b) Maryland growers ...................................................... Moderate to severe fungal pathogen infestation. 

POST–HARVEST USES 

Food Processing .................. (a) Rice millers in the U.S. who are members of the 

USA Rice Millers Association.

Moderate to severe beetle, weevil, or moth infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

(b) Pet food manufacturing facilities in the U.S. who are 

members of the Pet Food Institute.

Moderate to severe beetle, moth, or cockroach infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

(c) Members of the North American Millers’ Association 

in the U.S.

Moderate to severe beetle infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

(d) Members of the National Pest Management Association treating cheese storage facilities.Mite infestation. 

Commodities ........................ California entities storing walnuts, dried plums, figs, raisins, and dates (in Riverside county only) in California.Rapid fumigation required to meet a critical market window, such as during the holiday season. 

Dry Cured Pork Products ..... Members of the National Country Ham Association and 

the Association of Meat Processors, Nahunta Pork 

Center (North Carolina), and Gwaltney and Smithfield 

Inc.

Red legged ham beetle infestation. 

Cheese/ham skipper infestation. 

Dermested beetle infestation. 

Ham mite infestation. 

[FR Doc. 2012–11972 Filed 5–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R06–2011–0484 FRL–9652–9a] 

Oklahoma: Incorporation by Reference 

of Approved State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize States to operate their 

hazardous waste management programs 

in lieu of the Federal program. The EPA 

uses the regulations entitled ‘‘Approved 

State Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. The 

rule codifies in the regulations the prior 

approval of Oklahoma’s hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s statutes and 

regulations. 

DATES: This regulation is effective July 

16, 2012, unless the EPA receives 

adverse written comment on this 

regulation by the close of business June 

18, 2012. If the EPA receives such 

comments, it will publish a timely 

withdrawal of this immediate final rule 


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29232 Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules and Regulations 

in the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of July 16, 2012 in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2011– 

0484. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov, 

or email. The Federal 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties, 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. (For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.spa.gov/ 

epahome/dockets.htm). 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

available materials from 8:30 a.m. to 

4:00 p.m. Monday through Friday at the 

following location: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas, 75202– 

2733, phone number (214) 665–8533 or 

(214) 665–8178. Interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator or Julia 

Banks, Codification Coordinator, State/ 

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, (214) 665–8533 or (214) 665– 

8178, EPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, and email 

address patterson.alima@epa.gov or 

banks.Julia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. What is codification? 

Codification is the process of placing 

a State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste management program 

into the Code of Federal Regulations 

(CFR). Section 3006(b) of RCRA, as 

amended, allows the Environmental 

Protection Agency (EPA) to authorize 

State hazardous waste management 

programs to operate in lieu of the 

Federal hazardous waste management 

regulatory program. The EPA codifies its 

authorization of State programs in 40 

CFR part 272 and incorporates by 

reference State statutes and regulations 

that the EPA will enforce under sections 

3007 and 3008 of RCRA and any other 

applicable statutory provisions. 

The incorporation by reference of 

State authorized programs in the CFR 

should substantially enhance the 

public’s ability to discern the current 

status of the authorized State program 

and State requirements that can be 

Federally enforced. This effort provides 

clear notice to the public of the scope 

of the authorized program in each State. 

B. What is the history of the 

authorization and codification of 

Oklahoma’s hazardous waste 

management program? 

Oklahoma initially received Final 

authorization effective January 10, 1985, 

(49 FR 50362) to implement its Base 

Hazardous Waste Management program. 

Subsequently, the EPA approved 

additional program revision 

applications effective on June 18, 1990 

(55 FR 14280), November 27, 1990 (55 

FR 39274), June 3, 1991 (56 FR 13411), 

November 19, 1991 (56 FR 47675), 

November 29, 1993 (58 FR 50854), 

December 21, 1994 (59 FR 51116), April 

27, 1995 (60 FR 2699), March 14, 1997 

(62 FR 12100), July 14, 1998 (63 FR 

23673), November 23, 1998 (63 FR 

50528), February 8, 1999 (63 FR 67800), 

March 30, 2000 (65 FR 16528), July 10, 

2000 (65 FR 29981) March 5, 2001 (66 

FR 28), June 9, 2003 (68 FR 17308), 

April 6, 2009 (74 FR 5994), and May 6, 

2011 (76 FR 18927). The EPA 

incorporated by reference Oklahoma’s 

then authorized hazardous waste 

program effective December 13, 1993 

(58 FR 52679), July 14, 1998 (63 FR 

23673), October 25, 1999 (64 FR 46567), 

October 27, 2003 (68 FR 51488), and 

August 27, 2010 (75 FR 36546). In this 

document, the EPA is revising Subpart 

LL of 40 CFR part 272 to include the 

authorization revision actions effective 

April 6, 2009 (74 FR 5994) and June 6, 

2011 (76 FR 18927). 

C. What codification decisions have we 

made in this rule? 

The purpose of this Federal Register 

document is to codify Oklahoma’s base 

hazardous waste management program 

revisions RCRA Clusters XVII through 

XVIII. The EPA provided notices and 

opportunity for comments on the 

Agency’s decisions to authorize the 

Oklahoma program, and the EPA is not 

now reopening the decisions, nor 

requesting comments, on the Oklahoma 

authorizations as published in the 

Federal Register notices specified in 

Section B of this document. 

This document incorporates by 

reference Oklahoma’s hazardous waste 

statutes and regulations and clarifies 

which of these provisions are included 

in the authorized and Federally 

enforceable program. By codifying 

Oklahoma’s authorized program and by 

amending the Code of Federal 

Regulations, the public will be more 

easily able to discern the status of 

Federally approved requirements of the 

Oklahoma hazardous waste 

management program. 

The EPA is incorporating by reference 

the Oklahoma authorized hazardous 

waste program in subpart LL of 40 CFR 

part 272. Section 272.1851 incorporates 

by reference Oklahoma’s authorized 

hazardous waste statutes and 

regulations. Section 272.1851 also 

references the statutory provisions 

(including procedural and enforcement 

provisions) which provide the legal 

basis for the State’s implementation of 

the hazardous waste management 

program, the Memorandum of 

Agreement, the Attorney General’s 

Statements and the Program 


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Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules and Regulations 29233 

Description, which are approved as part 

of the hazardous waste management 

program under Subtitle C of RCRA. 

D. What is the effect of Oklahoma’s 

codification on enforcement? 

The EPA retains its authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013 and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in authorized 

States. With respect to these actions, the 

EPA will rely on Federal sanctions, 

Federal inspection authorities, and 

Federal procedures rather than any 

authorized State analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved Oklahoma 

procedural and enforcement authorities. 

Section 272.1851(c)(2) of 40 CFR lists 

the statutory provisions which provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, as well as those 

procedural and enforcement authorities 

that are part of the State’s approved 

program, but these are not incorporated 

by reference. 

E. What State provisions are not part of 

the codification? 

The public needs to be aware that 

some provisions of Oklahoma’s 

hazardous waste management program 

are not part of the Federally authorized 

State program. These non-authorized 

provisions include: 

(1) Provisions that are not part of the 

RCRA subtitle C program because they 

are ‘‘broader in scope’’ than RCRA 

subtitle C (see 40 CFR 271.1(i)); 

(2) Federal rules for which Oklahoma 

is not authorized, but which have been 

incorporated into the State regulations 

because of the way the State adopted 

Federal regulations by reference. 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

part of the RCRA authorized program 

and the EPA will not enforce them. 

Therefore, they are not incorporated by 

reference in 40 CFR part 272. For 

reference and clarity, 40 CFR 

272.1851(c)(3) lists the Oklahoma 

regulatory provisions which are 

‘‘broader in scope’’ than the Federal 

program and which are not part of the 

authorized program being incorporated 

by reference. ‘‘Broader in scope’’ 

provisions cannot be enforced by the 

EPA; the State, however, may enforce 

such provisions under State law. 

Oklahoma has adopted but is not 

authorized for the Federal rules 

published in the Federal Register on 

October 5, 1990 (55 FR 40834); February 

1, 1991 (56 FR 3978); February 13, 1991 

(56 FR 5910); April 2, 1991 (56 FR 

13406); May 1, 1991 (56 FR 19951); 

December 23, 1991 (56 FR 66365); June 

29, 1995 (60 FR 33912), May 26, 1998 

(63 FR 28556), June 14, 2005 (70 FR 

34538), August 1, 2005 (70 FR 44150). 

Therefore, these Federal amendments 

included in Oklahoma’s adoption by 

reference at 252:205–3–2(b) through 

252:205–3–2(m) of the Oklahoma 

Administrative Code, are not part of the 

State’s authorized program and are not 

part of the incorporation by reference 

addressed by this Federal Register 

document. 

With respect to any requirement 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) for 

which the State has not yet been 

authorized, the EPA will continue to 

enforce the Federal HSWA standards 

until the State is authorized for these 

provisions. 

F. What will be the effect of Federal 

HSWA requirements on the 

codification? 

The EPA is not amending 40 CFR part 

272 to include HSWA requirements and 

prohibitions that are implemented by 

the EPA. Section 3006(g) of RCRA 

provides that any HSWA requirement or 

prohibition (including implementing 

regulations) takes effect in authorized 

and not authorized States at the same 

time. A HSWA requirement or 

prohibition supersedes any less 

stringent or inconsistent State provision 

which may have been previously 

authorized by the EPA (50 FR 28702, 

July 15, 1985). The EPA has the 

authority to implement HSWA 

requirements in all States, including 

authorized States, until the States 

become authorized for such requirement 

or prohibition. Authorized States are 

required to revise their programs to 

adopt the HSWA requirements and 

prohibitions, and then to seek 

authorization for those revisions 

pursuant to 40 CFR part 271. 

Instead of amending the 40 CFR part 

272 every time a new HSWA provision 

takes effect under the authority of RCRA 

section 3006(g), the EPA will wait until 

the State receives authorization for its 

analog to the new HSWA provision 

before amending the State’s 40 CFR part 

272 incorporation by reference. Until 

then, persons wanting to know whether 

a HSWA requirement or prohibition is 

in effect should refer to 40 CFR 271.1(j), 

as amended, which lists each such 

provision. 

Some existing State requirements may 

be similar to the HSWA requirement 

implemented by the EPA. However, 

until the EPA authorizes those State 

requirements, the EPA can only enforce 

the HSWA requirements and not the 

State analogs. The EPA will not codify 

those State requirements until the State 

receives authorization for those 

requirements. 

G. Statutory and Executive Order 

Reviews 

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. The reference to 

Executive Order 13563 (76 FR 3821, 

January 21, 2011) is also exempt from 

review under Executive order 12866 (56 

FR 51735, October 4, 1993). This rule 

incorporates by reference Oklahoma’s 

authorized hazardous waste 

management regulations and imposes 

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 

rule merely incorporates by reference 

certain existing State hazardous waste 

management program requirements 

which the EPA already approved under 

40 CFR part 271, and with which 

regulated entities must already comply, 

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. 104B–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 

authorized 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 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 


srobinson on DSK4SPTVN1PROD with RULES
29234 Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules and Regulations 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

The requirements being codified are 

the result of Oklahoma’s voluntary 

participation in the EPA’s State program 

authorization process under RCRA 

Subtitle C. 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, 

the 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 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. 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 amended 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 

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 July 16, 2012. 

List of Subjects in 40 CFR Part 272 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control, 

Water supply. 

Authority: This action 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 16, 2012. 

Al Armendariz, 

Regional Administrator, Region 6. 

For the reasons set forth in the 

preamble, 40 CFR part 272 is amended 

as follows: 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 1. The authority citation for part 272 

continues to read as follows: 

Authority: Sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended by the Resource Conservation and 

Recovery Act, as amended, 42 U.S.C. 6912(a), 

6926, and 6974(b). 

■ 2. Revise § 272.1851 to read as 

follows: 

§ 272.1851 Oklahoma State-administered 

program: Final authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), the EPA 

granted Oklahoma final authorization 

for the following elements as submitted 

to EPA in Oklahoma’s base program 

application for final authorization 

which was approved by EPA effective 

on January 10, 1985. Subsequent 

program revision applications were 

approved effective on June 18, 1990, 

November 27, 1990, June 3, 1991, 

November 19, 1991, November 29, 1993, 

December 21, 1994, April 27, 1995, 

March 14, 1997, July 14, 1998 and 

November 23, 1998, February 8, 1999, 

March 30, 2000, July 10, 2000, March 5, 

2001, June 9, 2003, April 6, 2009, and 

May 6, 2011. 

(b) The State of Oklahoma has 

primary responsibility for enforcing its 

hazardous waste management program. 

However, EPA retains the authority to 

exercise its inspection and enforcement 

authorities in accordance with sections 

3007, 3008, 3013, 7003 of RCRA, 42 

U.S.C. 6927, 6928, 6934, 6973, and any 

other applicable statutory and 

regulatory provisions, regardless of 

whether the State has taken its own 

actions, as well as in accordance with 

other statutory and regulatory 

provisions. 

(c) State Statutes and Regulations. (1) 

The Oklahoma statutes and regulations 

cited in paragraph (c)(1)(i) of this 

section are incorporated by reference as 

part of the hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

of the Oklahoma regulations that are 

incorporated by reference in this 

paragraph from the State’s Office of 

Administrative Rules, Secretary of State, 

P.O. Box 53390, Oklahoma City, OK 

73152–3390; Phone number: 405–521– 

4911; Web site: www.sos.state.ok.us/ 

oar/oar_welcome.htm. The statutes are 

available from West Publishing 

Company, 610 Opperman Drive, P.O. 

Box 64526, St. Paul, Minnesota 55164– 

0526; Phone: 1–800–328–4880; Web 

site: http://west.thomson.com. You may 

inspect a copy at EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202 

(Phone number (214) 665–8533), or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(i) The binder entitled ‘‘EPA 

Approved Oklahoma Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated May 2011. 

(ii) [Reserved] 

(2) The following provisions provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, but they are not 

being incorporated by reference and do 

not replace Federal authorities: 

(i) Oklahoma Environmental Crimes 

Act, as amended through July 1, 2009, 

21 Oklahoma Statutes (O.S.), Sections 

1230.1 et seq. 

(ii) Oklahoma Open Meetings Act, as 

amended through July 1, 2009, 25 

Oklahoma Statutes (O.S.), Sections 301 

et seq. 

(iii) Oklahoma Statutes, Title 27A, 

‘‘Environment and Natural Resources’’, 

as amended through July 1, 2009: 

Chapter 1, ‘‘Oklahoma Environmental 

Quality Act’’, Sections 1–1–101 et seq.; 

Chapter 2, ‘‘Oklahoma Environmental 

Quality Code’’, Sections 2–2–101, 2–2– 

104, 2–2–201, 2–3–101(F)(1), 2–3–104, 

2–3–202, 2–3–501, 2–3–502, 2–3–503, 

2–3–504; ‘‘Oklahoma Hazardous Waste 

Management Act’’, Sections 2–7–102, 2– 

7–104, 2–7–105 (except 2–7–105(27), 2– 

7–105(29) and 2–7–105(34)), 2–7–106, 

2–7–107, 2–7–108(B)(2), 2–7–109, 2–7– 

110(A), 2–7–111(C)(2)(b) and (c), 2–7– 

111(C)(3), 2–7–113.1, 2–7–115, 2–7– 

116(A), 2–7–116(G), 2–7–116(H)(1), 2– 

7–117, 2–7–123, 2–7–126, 2–7–129, 2– 

7–130, 2–7–131, 2–7–132, and 2–7–133; 

‘‘Oklahoma Uniform Environmental 

Permitting Act’’, Sections 2–14–101 et 

seq. 

(iv) Oklahoma Open Records Act, as 

amended through July 1, 2009, 51 

Oklahoma Statutes (O.S.), Sections 

24A.1 et seq. 

(v) Oklahoma Administrative 

Procedures Act, as amended through 


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Federal Register / Vol. 77, No. 96 / Thursday, May 17, 2012 / Rules and Regulations 29235 

July 1, 2009, 75 Oklahoma Statutes 

(O.S.), Sections 250 et seq. 

(vi) The Oklahoma Administrative 

Code (OAC), Title 252, Chapter 205, 

Hazardous Waste Management, effective 

July 1, 2009: Subchapter 1, Sections 

252:205–1–1(b), 252:205–1–3(a) and (b), 

252:205–1–4(a)–(d); Subchapter 3, 

Sections 252:205–3–2(a) introductory 

paragraph, 252:205–3–2(a)(1) and 

252:205–3–2(a)(3); Subchapter 11, 

Section 252:205–11–3. 

(3) The following statutory and 

regulatory provisions are broader in 

scope than the Federal program, are not 

part of the authorized program, and are 

not incorporated by reference: 

(i) Oklahoma Hazardous Waste 

Management Act, as amended, 27A 

Oklahoma Statutes (O.S.) as amended 

through July 1, 2009, Sections 2–7–119, 

2–7–120, 2–7–121, 2–7–121.1 and 2–7– 

134. 

(ii) The Oklahoma Administrative 

Code (OAC), Title 252, Chapter 205, 

effective July 1, 2009: Subchapter 1, 

Sections 252:205–1–1(c)(2) and (3), 

252:205–1–2 ‘‘RRSIA’’. 252:205–1–2 

‘‘Reuse’’, 252:205–1–2 ‘‘Speculative 

accumulation’’, 252:205–1–2 ‘‘Transfer 

facility’’, 252:205–1–2 ‘‘Transfer 

station’’, 252:205–1–4(e); Subchapter 5, 

Section 252:205–5–1(4), Subchapter 15; 

Subchapter 17; Subchapter 21; 

Subchapter 23; and 252:205 Appendices 

B, C and D. 

(4) Unauthorized State Amendments. 

The State’s adoption of the Federal rules 

listed in the following table is not 

approved by the EPA and are, therefore, 

not enforceable: 

Federal requirement Federal Register 

reference 

Publication 

date 

Toxicity Characteristics; Hydrocarbon Recovery Operations ............................................................. 55 FR 40834 ......................

56 FR 3978 ........................

56 FR 13406 ......................

10/5/90 

2/1/91 

4/2/91 

Toxicity Characteristics; Chlorofluorocarbon Refrigerants ................................................................. 56 FR 5910 ........................ 2/13/91 

Administrative Stay for K069 Listing .................................................................................................. 56 FR 19951 ...................... 5/1/91 

Amendments to Interim Status Standards for Downgradient Ground-water Monitoring Well Locations.56 FR 66365 ...................... 12/23/91 

Removal of Legally Obsolete Rules ................................................................................................... 60 FR 33912 ...................... 6/29/95 

Mineral Processing Secondary Materials Exclusion.—Amendments to 40 CFR ............................... 63 FR 28556 ...................... 5/26/98 

Methods Innovation: SW–846 ............................................................................................................ 70 FR 34538 ......................

70 FR 44150 ......................

6/14/05 

8/1/05 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 6 and the State of 

Oklahoma, signed by the EPA Regional 

Administrator on March 11, 2011, is 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

(6) Statement of Legal Authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of Oklahoma January 20, 1984 

and revisions, supplements and 

addenda to that Statement dated January 

14, 1988 (as amended July 20, 1989); 

December 22, 1988 (as amended June 7, 

1989 and August 13, 1990); November 

20, 1989; November 16, 1990; November 

6, 1992; June 24, 1994; December 8, 

1994; March 4, 1996; April 15, 1997; 

February 6, 1998, December 2, 1998, 

October 15, 1999, May 31, 2000, October 

15, 2001, June 27, 2003, March 1, 2005, 

July 12, 2005, July 03, 2006, August 25, 

2008, and March 26, 2010 are referenced 

as part of the authorized hazardous 

waste management program under 

subtitle C of RCRA, 42 U.S.C. 6921 et 

seq. 

(7) Program Description. The Program 

Description and any other materials 

submitted as supplements thereto are 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

3. Appendix A to Part 272 is amended 

by revising the listing for ‘‘Oklahoma’’ 

to read as follows: 

Appendix A to part 272—State 

Requirements 

* * * * * 

Oklahoma 

The statutory provisions include: 

Oklahoma Hazardous Waste Management 

Act, as amended, 27A Oklahoma Statute 

(O.S.) 1997 Edition (unless otherwise 

specified), Sections 2–7–103 (2008 

supplement), 2–7–108(A) (2010 Annual 

Cumulative Pocket Part), 2–7–108(B)(1) (2010 

Annual Cumulative Pocket Part), 2–7– 

108(B)(3) (2010 Annual Cumulative Pocket 

Part), 2–7–108(C) (2010 Annual Cumulative 

Pocket Part), 2–7–110(B), 2–7–110(C), 2–7– 

111(A), 2–7–111(B), 2–7–111(C)(1), 2–7– 

111(C)(2)(a), 2–7–111(D), 2–7–111(E), 2–7– 

112, 2–7–116(B) through 2–7–116(F), 2–7– 

116(H)(2), 2–7–118, 2–7–124, 2–7–125 (2010 

Annual Cumulative Pocket Part), 2–7–127 

and 2–10–301(G) (2010 Annual Cumulative 

Pocket Part), as published by West 

Publishing Company, 610 Opperman Drive, 

P.O. Box 64526, St. Paul, Minnesota 55164 

0526; Phone: 1–800–328–4880; Web site: 

http://west.thomson.com. 

The regulatory provisions include: 

The Oklahoma Administrative Code 

(OAC), Title 252, Chapter 205, effective July 

1, 2009: Subchapter 1, Sections 252:205–1– 

1(a), 252:205–1–1(c) introductory paragraph, 

252:205–1–1(c)(1), 252:205–1–2 introductory 

paragraph, 252:205–1–2 ‘‘OHWMA’’, 

252:205–1–2 ‘‘Post-closure permit’’, 252:205– 

1–3(c); Subchapter 3, Sections 252:205–3–1, 

252:205–3–2(a)(2), 252:205–3–2(b)–(n), 

252:205–3–4, 252:205–3–5 and 252:205–3–6; 

Subchapter 5, Sections 252:205–5–1 (except 

252:205–5–1(4)), 252:205–5–2 through 

252:205–5–5; Subchapter 7, Sections 

252:205–7–2 and 252:205–7–4 (except the 

phrase ‘‘or in accordance with 252:205–15– 

1(d)); Subchapter 9, Sections 252:205–9–1 

through 252:205–9–4; Subchapter 11, 

Sections 252:205–11–1(a) (except the word 

‘‘recycling’’), 252:205–11–1(b)–(e) and 

252:205–11–2; and Subchapter 13, Sections 

252:205–13–1(a)–(e), as published by the 

State’s Office of Administrative Rules, 

Secretary of State, P.O. Box 53390, Oklahoma 

City, OK 73152–3390; Phone number: 405– 

521–4911;Web site: www.sos.state.ok.us/oar/ 

oar_welcome.htm. 

* * * * * 

[FR Doc. 2012–11875 Filed 5–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 153 

[CMS–9975–CN] 

RIN 0938–AR07 

Patient Protection and Affordable Care 

Act; Standards Related to 

Reinsurance, Risk Corridors, and Risk 

Adjustment; Correction 

AGENCY: Department of Health and 

Human Services. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a 

technical error that appeared in the final 

rule with comment period published in 

the Federal Register on March 23, 2012 


srobinson on DSK4SPTVN1PROD with RULES