Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations 73347 

Dated: October 14, 2016. 

Michael Goodis, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.641: 

■ a. Add alphabetically the commodity 

‘‘Asparagus’’ to the table in paragraph 

(a)(1); and 

■ b. Revise the footnote at the end of the 

table in paragraph (a)(1). 

The additions and revisions read as 

follows: 

§ 180.641 Spirotetramat; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

* * * * * 

Asparagus 1 ........................... 0.10 

* * * * * 

1There are no U.S. registrations for these 

commodities. 

* * * * * 

[FR Doc. 2016–25638 Filed 10–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R06–2014–0791 FRL–9951–74–Region 

6] 

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 

December 27, 2016, unless the EPA 

receives adverse written comment on 

this regulation by the close of business 

November 25, 2016. If the EPA receives 

such comments, it will publish a timely 

withdrawal of this direct final rule 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 December 27, 2016 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 online 

instructions for submitting comments. 

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

banks.julia@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, RCRA Permits Section 

(6MM–RP), Multimedia Division 

(6MM), 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, RCRA Permits Section, 

Multimedia Division, EPA Region 6, 

1445 Ross, Dallas, Texas 75202–2733. 

Instructions: Do not submit 

information that you consider to be 

Confidential Business Information (CBI) 

or otherwise protected through http://

www.regulations.gov, or email. The 

Federal http://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 http://

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.epa.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, RCRA 

Permits Section (6MM–RP), Multimedia 

Division (6MM), EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202–2733, 

phone numbers: (214) 665–8533 or (214) 

665–8178, 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. 


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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), May 6, 2011 

(76 FR 18927), May 14, 2012 (77 FR 

15273), July 29, 2013 (78 FR 32161), and 

October 28, 2014 (79 FR 51497). The 

EPA first incorporated by reference 

Oklahoma’s hazardous waste program 

effective December 13, 1993 (58 FR 

52679), and updated the incorporation 

by reference effective July 14, 1998 (63 

FR 23673), October 25, 1999 (64 FR 

46567), October 27, 2003 (68 FR 51488), 

August 27, 2010 (75 FR 36546), July 16, 

2012 (77 FR 29231), October 9, 2012 (77 

FR 46964), July 29, 2013 (78 FR 32161), 

and September 2, 2014 (79 FR 37226). 

In this document, the EPA is revising 

Subpart LL of 40 CFR part 272 to 

include the recent authorization 

revision actions effective October 28, 

2014 (79 FR 51497). 

C. What codification decisions have we 

made in this rule? 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Oklahoma rules described in the 

amendments to 40 CFR part 272 set 

forth below. The EPA has made, and 

will continue to make, these documents 

available electronically through http://

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

The purpose of this Federal Register 

document is to codify Oklahoma’s base 

hazardous waste management program 

and its revisions to that program. The 

EPA provided notices and opportunity 

for comments on the Agency’s decisions 

to authorize the Oklahoma program, and 

the EPA is not 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 

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 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; 

(3) A Federal program which has 

since been withdrawn by the U.S. EPA; 

and 

(4) Federal rules for which Oklahoma 

is authorized but which were vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 08–1144, June 27, 2014). 

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); 

and December 19, 2008 (73 FR 77954). 

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. 

Oklahoma adopted and was 

authorized for the following Federal 

Performance Track program, which has 

since been terminated by the U.S. EPA: 

published in the Federal Register on 

April 22, 2004 (69 FR 21737), as 

amended October 25, 2004 (69 FR 

62217), and the April 4, 2006 (71 FR 

16862) Burden Reduction Initiative 

amendments to the following provisions 

regarding Performance Track: 40 CFR 

260.10, 264.15, 264 .174, 264.195, 

264.1101, 265.15, 265.174, 265.195, 

265.201, 265.1101, 270.42(l) and Item 

O.1 of Appendix I to 270.42. 

Oklahoma has adopted and was 

authorized for the following Federal 

rules which have since been vacated by 

the U.S. Court of Appeals for the District 


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of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 08–1144, respectively; June 

27, 2014): (1) The Comparable Fuels 

Exclusion Rule published in the Federal 

Register on June 19, 1998 (63 FR 33782), 

as amended on June 15, 2010 (75 FR 

33712); and (2) the Gasification 

Exclusion Rule published on January 2, 

2008 (73 FR 57). 

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. 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. 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 

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 

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). 

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: August 1, 2016. 

Ron Curry, 

Regional Administrator, EPA Region 6. 

For the reasons set forth in the 

preamble, 40 CFR part 272 is amended 

as follows: 


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73350 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations 

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, May 

6, 2011, May 14, 2012, July 29, 2013, 

and October 28, 2014. 

(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: https://www.sos.ok.gov/

oar/Default.aspx. 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 ‘‘EPAApproved Oklahoma Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, October, 2014. Only those 

provisions that have been authorized by 

EPA are incorporated by reference. 

These provisions are listed in Appendix 

A to Part 272. 

(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 effective July 1, 2013, 

21 Oklahoma Statutes (O.S.), Sections 

1230.1 et seq. 

(ii) Oklahoma Open Meeting Act, as 

amended effective July 1, 2013, 25 

Oklahoma Statutes (O.S.), Sections 301 

et seq. 

(iii) Oklahoma Statutes, Title 27A, 

‘‘Environment and Natural Resources’’, 

as amended effective July 1, 2013: 

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, 2–7–114, 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 effective July 1, 2013, 51 

Oklahoma Statutes (O.S.), Sections 

24A.1 et seq. 

(v) Oklahoma Administrative 

Procedures Act, as amended effective 

July 1, 2013, 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, 2013 (2011 Edition, as amended 

by the 2013 Supplement): 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 

effective July 1, 2013, 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, 2013 (2011 Edition, as 

amended by the 2013 Supplement): 

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. 

(i) Oklahoma has adopted, but is not 

authorized to implement, the Federal 

rules that are listed in the following 

table. The EPA will continue to 

implement the Federal HSWA 

requirements for which Oklahoma is not 

authorized until the State receives 

specific authorization for those 

requirements. The EPA will not enforce 

the non-HSWA Federal rules although 

they may be enforceable under State 

law. For those Federal rules that contain 

both HSWA and non-HSWA 

requirements, the EPA will enforce only 

the HSWA portions of the rules. 

Federal requirement Federal Register reference Publication 

date 

Toxicity Characteristics; Hydrocarbon Recovery Operations (HSWA) (Checklist 80) .................. 55 FR 40834 ............................ 10/5/90 

56 FR 3978 .............................. 2/1/91 


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Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations 73351 

Federal requirement Federal Register reference Publication 

date 

56 FR 13406 ............................ 4/2/91 

Toxicity Characteristics; Chlorofluorocarbon Refrigerants (HSWA) (Checklist 84) ...................... 56 FR 5910 .............................. 2/13/91 

Administrative Stay for K069 Listing (Non-HSWA) (Checklist 88) ............................................... 56 FR 19951 ............................ 5/1/91 

Amendments to Interim Status Standards for Downgradient Ground-water Monitoring Well Locations (non-HSWA) (Checklist 99).56 FR 66365 ............................ 12/23/91 

Removal of Legally Obsolete Rules (HSWA/Non-HSWA) (Checklist 144) .................................. 60 FR 33912 ............................ 6/29/95 

Mineral Processing Secondary Materials Exclusion.—(Non-HSWA) (Checklist 167D—Amendments to 40 CFR 261.2(c)(3), 261.2(c)(4)/Table, 261.2(e)(1)(iii) and 261.4(a)(16)).63 FR 28556 ............................ 5/26/98 

Methods Innovation: SW–846 (HSWA/non-HSWA) (Checklist 208) ............................................ 70 FR 34538 ............................ 6/14/05 

70 FR 44150 ............................ 8/1/05 

Expansion of RCRA Comparable Fuel Exclusion (Non-HSWA) (Checklist 221) ......................... 73 FR 77954 ............................ 12/19/08 

(ii) The Federal rules listed in the 

table below are not delegable to States. 

Oklahoma has excluded the rules from 

its incorporation by reference of the 

Federal regulations. EPA retains its 

authority for the implementation and 

enforcement of these rules. 

Federal requirement Federal Register 

reference Publication date 

Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision 

(HSWA) (Checklist 152).

61 FR 16290 ......................... April 12, 1996. 

OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) 

(Checklist 222).

75 FR 1236 ........................... January 8, 2010. 

(5) Terminated Federal program. 

Oklahoma adopted and was authorized 

for the following Federal program as 

amended, which has since been 

terminated by the U.S. EPA: 

Federal requirement Federal Register 

reference Publication date 

National Environmental Performance Track Program (Checklist 204) ................................ 69 FR 21737 ......................... April 22, 2004. 

National Environmental Performance Track Program; Corrections (Rule 204.1) ................ 69 FR 62217 ......................... October 25, 2004. 

Burden Reduction Initiative (Checklist 213); amendments to the following provisions regarding Performance Track: 40 CFR 260.10, 264.15, 264.174, 264.195, 264.1101, 

265.15, 265.174, 265.195, 265.201, 265.1101, 270.42(l) and Item O.1 of Appendix I to 

270.42.

71 FR 16862 ......................... April 4, 2006. 

(6) Vacated Federal rules. Oklahoma 

adopted and was authorized for the 

following Federal rules which have 

since been vacated by the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Cir. No. 98–1379 and 08– 

1144, respectively; June 27, 2014): 

Federal requirement Federal Register 

reference Publication date 

Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—40 CFR 

261.4(a)(16) and 261.38 only).

63 FR 33782 ......................... June 19, 1998. 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to 

Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 

and amendment to 40 CFR 261.4(a)(12)(i)).

73 FR 57 ............................... January 2, 2008. 

Withdrawal of the Emission Comparable Fuel Exclusion under RCRA (Checklist 224— 

amendments to 40 CFR 261.4(a)(16) and 261.38).

7 FR 33712 ........................... June 15, 2010. 

(7) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 6 and the State of 

Oklahoma, signed by the EPA Regional 

Administrator on May 15, 2013, is 

referenced as part of the authorized 

hazardous waste management program 

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

6921, et seq. 

(8) 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, March 26, 2010, October 11, 2010, 

October 31, 2011, July 27, 2012, and 

July 1, 2013, are referenced as part of 

the authorized hazardous waste 

management program under subtitle C 

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

(9) Program description. The Program 

Description and any other materials 


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73352 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations 

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.) 2011 Main Volume, Sections 2–7–103, 

2–7–108(A), 2–7–108(B)(1), 2–7–108(B)(3), 2– 

7–108(C), 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, 2–7– 

127, and 2–10–301(G), 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, 2013 (2011 Edition, as amended by the 

2013 Supplement): 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 (2013 Supplement), 

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: https://www.sos.ok.gov/ 

oar/Default.aspx. 

* * * * * 

[FR Doc. 2016–25300 Filed 10–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Part 752 

RIN 0412–AA81 

Requirement for Nondiscrimination 

Against End-Users of Supplies or 

Services (‘‘Beneficiaries’’) Under 

USAID-Funded Contracts 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Final rule. 

SUMMARY: The Foreign Assistance Act of 

1961, as amended (FAA), authorizes the 

U.S. Agency for International 

Development (USAID) to provide 

foreign assistance in the form of 

development and humanitarian 

assistance that reflect American ideals. 

To help emphasize USAID’s intent and 

expectation of non-discrimination of 

beneficiaries in USAID-funded 

activities, USAID is issuing a final rule 

to amend its Agency for International 

Development Acquisition Regulation 

(AIDAR) to include a new clause 

entitled ‘‘Nondiscrimination against 

End-Users of Supplies or Services.’’ 

This clause expressly states that USAIDfunded contractors must not 

discriminate among end-users of 

supplies or services (referred to in this 

rule as beneficiaries and potential 

beneficiaries) in any way that is 

contrary to the scope of the activity as 

defined in the statements of work 

(SOWs). 

DATES: Effective: October 25, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Todd Larson Telephone: 202–712–4969 

or Email: tlarson@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

USAID published a proposed rule in 

the Federal Register at 81 FR 56572 on 

August 22, 2016 to amend its Agency for 

International Development Acquisition 

Regulation (AIDAR) to include a new 

clause entitled ‘‘Nondiscrimination 

against End-Users of Supplies or 

Services.’’ 

USAID seeks to improve the lives of 

people around the world by being 

inclusive in its development and 

humanitarian assistance efforts. In so 

doing, USAID recognizes that every 

person is instrumental in the 

transformation of their own societies, 

with the end result that each and every 

person is recognized and equally valued 

without regard to artificial and 

discriminatory distinctions. The 

inclusion, protection, and 

empowerment of all persons is critical 

because drawing on the full 

contributions of the entire population 

leads to more effective, comprehensive, 

and sustainable development results. 

Nondiscrimination is the basic 

foundation of USAID’s inclusive 

development approach; as such, all 

USAID programs seek to ensure access 

for all potential beneficiaries within the 

scope of the contract without 

discrimination. Contractors must adhere 

to this by implementing the activities as 

outlined in the contract SOWs. 

Nondiscrimination is a critical 

foundation for protecting and promoting 

the human rights of all persons. In 

addition, nondiscrimination ensures 

equitable access to USAID programs. 

Effective nondiscrimination practices 

support USAID’s principles of inclusion 

and equal access and help to ensure that 

USAID programs empower and 

effectively reach women and girls; 

marginalized ethnic and religious 

populations; indigenous peoples; 

internally displaced persons; persons 

with disabilities; youth and the elderly; 

lesbian, gay, bisexual, transgender, and 

intersex individuals; and other socially 

marginalized individuals and peoples 

unique to the country or regional 

context. 

In recent years, the Government has 

made multiple pronouncements of 

policy in many areas reflecting its 

emphasis on equity, fairness, and 

human dignity—effective 

nondiscrimination is a means toward 

achieving all of these. For example, in 

2011, the White House issued E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ to update all 

agencies on factors to consider when 

issuing rules; in addition to quantitative 

factors, it advised that the qualitative 

values of equity, fairness, and human 

dignity are important considerations. 

Additionally, a 2011 Presidential 

Memorandum, ‘‘International Initiatives 

to Advance the Human Rights of 

Lesbian, Gay, Bisexual, and Transgender 

Persons,’’ directs all agencies engaged 

abroad to advance nondiscrimination. 

This rule addressing discrimination in 

the provision of supplies or services is 

consistent with the values that animate 

the above. 

II. Discussion 

This rulemaking revises (48 CFR) 

AIDAR to add a new clause at 752.7038 

entitled ‘‘Nondiscrimination against 

End-Users of Supplies or Services.’’ The 

clause, applicable to all solicitations, 

contracts, and subcontracts at any tier, 

prohibits contractors and subcontractors 

from discriminating against 

beneficiaries or potential beneficiaries 

(i.e., those individuals intended to 


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