5994 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

demolition of structures on the property 

(see paragraph (a)(1)(i) of this section). 

* * * * * 

(f) * * * 

(2) * * * 

(ii) Actions covered by the proposed 

categorical exclusion generally do not 

involve extraordinary circumstances as 

set out in paragraphs (b)(1) through 

(b)(10) of this section and generally do 

not require preparation of an EIS; and 

* * * * * 

■ 4. Section 6.300(a) is revised to read 

as follows: 

§ 6.300 Applicability. 

(a) This section applies to actions that 

involve applications to EPA for permits 

or assistance agreements, or request 

other EPA approval. 

* * * * * 

[FR Doc. E9–2353 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0754; FRL–8767–9] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Oklahoma has applied to the 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Oklahoma’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on April 6, 2009 unless 

the EPA receives adverse written 

comment by March 6, 2009. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: 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. E-mail: patterson.alima@epa.gov. 

3. Mail: 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. 

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: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

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 e-mail 

comment directly to the EPA without 

going through 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. 

You can view and copy Oklahoma’s 

application and associated publicly 

available materials from 8:30 a.m. to 4 

p.m. Monday through Friday at the 

following locations: 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, phone 

number (214) 665–8533. 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, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214– 

665–8533), EPA Region 1145 Ross 

Avenue, Dallas, Texas 75202–2733, and 

e-mail address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from the 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 

program. As the Federal program 

changes, States must change their 

programs and ask the 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 the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273, and 

279. 

B. What Decisions Have We Made in 

This Rule? 

We conclude that Oklahoma’s 

application to revise its authorized 

program 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 and also section 10211(a) of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

(‘‘SAFETEA’’), Public Law 109–59, 119 

Statute (August 10, 2005) provides the 

State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C in Indian 

Country and for carrying out the aspects 

of the RCRA program described in its 

revised program application, subject to 

the limitations of the Hazardous and 

Solid Waste Amendments of 1984 

(HSWA). Oklahoma has not applied to 

administer this program in Indian 

Country pursuant to section 10211(a) of 

SAFETEA. Therefore, EPA will 

implement this program for all Indian 

Country located within the boundaries 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5995 

of Oklahoma. New Federal requirements 

and prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Oklahoma including issuing permits, 

until the State is granted authorization 

to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

The effect of this decision is that a 

facility in Oklahoma subject to RCRA 

will now have to comply with the 

authorized State requirements 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 the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

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 under State law, and are not 

changed by today’s action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

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. 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. 

E. What Happens If the EPA Receives 

Comments That Oppose This Action? 

If the 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. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified in this document. The 

Federal Register withdrawal document 

will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. For What Has Oklahoma Previously 

Been Authorized? 

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 (58 FR 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 

(62 FR 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 10, 2000; January 2, 2001 (66 FR 

28–33) effective March 5, 2001 and 

April 9, 2003 (68 FR 17308–17311) 

effective June 9, 2003. The authorized 

Oklahoma RCRA program was 

incorporated by reference into the CFR 

published on December 9, 1998 (63 FR 

67800–67834) effective February 8, 

1999, August 26, 1999 (64 FR 46567– 

46571) effective October 25, 1999 and 

August 27, 2003 (68 FR 51488–51492) 

effective October 27, 2003. On March 1, 

2005, and July 12, 2005, July 25, 2006, 

and August 27, 2008. Oklahoma 

submitted a final complete program 

revision application seeking 

authorization of its program revision in 

accordance with 40 CFR 271.21. 

The Oklahoma Hazardous Waste 

Management Act (‘‘OHWMA’’) provides 

the ODEQ with the authority to 

administer the State Program, including 

the authority and regulatory provisions 

necessary to administer the provisions 

of RCRA Clusters XI through XVII, and 

designates the ODEQ as the State agency 

to cooperate and share information with 

EPA for purpose of hazardous waste 

regulation. The Oklahoma 

Environmental Quality Code (‘‘Code’’), 

at 27 A O.S. Section 2–2–101, 

establishes an Environmental Quality 

(‘‘Board’’) as the rulemaking body for 

the ODEQ, specifically charged with the 

responsibility of promulgating rules to 

implement the duties and 

responsibilities of the ODEQ. The Code, 

27A O.S. Section 2–2–201, also 

establishes a Hazardous Waste 

Management Advisory Council 

(‘‘Council’’) with the authority to 

recommend rules to the Board on behalf 

of the ODEQ. 

The Environmental Quality Act, at 

27A O.S. Section 1–3–101(E), grants the 

Oklahoma Corporation Commission 

(‘‘OCC’’) authority to regulate certain 

aspects of the oil and gas production 

and transportation industry in 

Oklahoma, including certain wastes 

generated by pipelines, bulk fuel sales 

terminals and certain tank farms, as well 

as underground storage tanks. To clarify 

areas of environmental jurisdiction, the 

ODEQ and OCC developed a ODEQ/ 

OCC Jurisdictional Guidance Document 

to identify respective areas of 

jurisdiction. The current ODEQ/OCC 

jurisdictional Guidance Document was 

amended and signed on January 27, 

1999. The revisions to the State Program 

necessary to administer Clusters XI 

through XVII will not affect the 

jurisdictional authorities of the ODEQ or 

OCC. 

The Board adopted RCRA Cluster XI 

amendments on March 1, 2002 and 

became effective on June 13, 2002. 

RCRA Cluster XII was adopted on 

February 28, 2003 with effective date of 

June 12, 2003. RCRA Cluster XIII 

amended July 2004 and became 

effective June 15, 2005, RCRA Clusters 

XIV and XV was amended on November 

15, 2005 and became effective June 15, 

2006, and RCRA Clusters XVI through 

XVII adopted and amended through 

2007 and became effective July 1, 2008. 

The rules were also codified at OAC 

252:205 et seq. 

Pursuant to 27A O.S. Section 2–2– 

104, the State’s incorporation of Federal 

regulations does not incorporate 

prospectively future changes to the 

incorporated sections of the 40 CFR, and 

no other Oklahoma law or regulation 

reduces the scope of coverage or 

otherwise affects the authority provided 

by these incorporated-by-reference 

5996 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

provisions. Further, Oklahoma 

interprets these incorporated provisions 

to provide identical authority to the 

Federal provisions. Thus, OAC 252:205– 

3–1 through 252:205–3–6 provides 

equivalent and no less stringent 

authority than the Federal Subtitle C 

program in effect July 1, 2002 through 

July 1, 2007. The State of Oklahoma 

incorporate by reference the provisions 

of 40 Code of Federal Regulations (CFR) 

parts 124.19(a) through (c), 124.19(e), 

124.31, 124.32, 124.33, and Subpart G 

(with exception of parts 124.1 and 

124.2); 40 CFR parts 260 through 268, 

273 and 279 (with the exception of parts 

260.21, 261.4(b)(18), 262 Subparts E and 

H, 264.1(f), 264.1(g)(12), 264.149, 

264.150, 264.301(d), 264.1050(g), 

265.1080(e), 264.1080(f), 264.1080(e), 

265.1080(f), 265.1080(g), 268.5, 268.6, 

268.13, 268.42(b), and 268.44(a) through 

(g); 40 CFR part 270 (with the exception 

of 270.1(c)(2)(ix) and 270.14(b)(18)). 

Pursuant to the Oklahoma statutes 

listed in this document, a single State 

agency, the DEQ, has authority to 

administer the provisions of the State 

hazardous waste management program. 

The DEQ remains the official agency of 

the State of Oklahoma, as designated by 

27A O.S. Section 2–7–105(13) to 

cooperate with Federal agencies for 

purposes of hazardous waste 

regulations. 

The OHWMA delegate authority to 

the ODEQ to administer the State 

hazardous waste program, including the 

statutory and regulatory provisions 

necessary to administer the RCRA 

Clusters XI, through XVII. Pursuant to 

27A O.S. Section 2–7–104, the 

Executive Director has created the Land 

Protection Division (‘‘LPD’’) to be 

responsible for implementing the State 

Program. The LPD is staffed with 

personnel that have the technical 

background and expertise to effectively 

implement the provisions of the State 

program subtitle C Hazardous Waste 

Management program. 

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. 

G. What Changes Are We Approving 

With Today’s Action? 

On March 1, 2005, July 12, 2005, July 

25, 2006, and August 27, 2008, the State 

of Oklahoma submitted a final complete 

program applications, 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 revisions promulgated from July 

1, 2002 through June 30, 2007 (RCRA 

Clusters XI–XVII). Oklahoma 

requirements are included in a chart 

with this document. 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

1. NESHAPS: Final Standards for Hazardous 

Air Pollutants for Hazardous Waste Combustors. (Checklist 188).

65 FR 42292 July 10, 2000 ............................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13, 

2002. 

2. NESHAPS: Second Technical Correction, 

Vacatur. (Checklist 188.1).

66 FR 24270 May 14, 2001 ............................. Oklahoma Statutes Title 27A Section 2–2–104 

Added by Laws 1994, effective July 1, 1994 

and Section 2–7–106 Added by Laws 1981, 

effective July 1, 1981; Amended by Laws 

1993, effective July 1, 1993. Oklahoma Administrative Code Rules 252:205–3–1 

through 252:205–3–6 amended March 1, 

2002, as effective June 13, 2002. 

3. NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors. 

(Checklist 188.2).

66 FR 35087 July 3, 2001 ............................... Oklahoma Statutes Title 27A Section 2–2–104 

Added by Laws 1994, effective July 1, 1994 

and Section 2–7–106 Added by Laws 1981, 

effective July 1, 1981; Amended by Laws 

1993, effective July 1, 1993. Oklahoma Administrative Code Rules 252:205–3–1 

through 252:205–3–6 amended March 1, 

2002, as effective June 13, 2002. 

4. Deferral of Phase IV Standards for PCBs as 

a Constituent Subject to Treatment in Soil. 

(Checklist 190).

65 FR 81373 December 26, 2000 ................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13, 

2002. 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5997 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

5. Storage Treatment, Transportation and Disposal of Mixed Waste. (Checklist 191).66 FR 27218 May 16, 2001 ............................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13, 

2002. 

6. Mixture and Derived-From Rules Revisions; 

Land Disposal Restrictions Correction. 

(Checklists 192A &192B).

66 FR 27266 May 16, 2001 ............................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13, 

2002. 

7. Change of EPA Mailing Address; Additional 

Technical Amendment and Corrections. 

(Checklist 193).

66 FR 34374 June 28, 2001 ............................ Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13, 

2002. 

8. Corrective to the Hazardous Waste Identification Rule (HWIR); Revisions to the Mixture and Derived-From Rules. (Checklist 194).66 FR 50332 October 3, 2001 ......................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended February 28, 2003, as effective June 12, 

2003. 

9. Inorganic Chemical Manufacturing Wastes 

Identification and Listing. (Checklist 195).

66 FR 58258 November 20, 2001 ................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended February 28, 2003, as effective June 12, 

2003. 

10. Corrective Action Management Units 

Amendments. (Checklist 196).

67 FR 2962 January 22, 2002 ......................... Oklahoma Statutes Title 27A of Environmental 

Quality Act Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Code Rules 252:205–3–1 through 252:205– 

3–6, as amended February 28, 2003, effective June 12, 2003. 

11. Hazardous Air Pollutant Standards for Combustors: Interim Standards. (Checklist 197).67 FR 6792 February 13, 2002 ....................... Oklahoma Statutes Title 27A of Environmental 

Quality Act Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Code Rules 252:205–3–1 through 252:205– 

3–6, as amended February 28, 2003, effective June 12, 2003. 

12. Hazardous Air Pollutant Standards for Combustors; Corrections. (Checklist 198).67 FR February 14, 2002 ................................ Oklahoma Statutes Title 27A of Environmental 

Quality Act Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Code Rules 252:205–3–1 through 252:205– 

3–6, as amended February 28, 2003, effective June 12, 2003. 

5998 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

13. Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid Waste and 

TCLP Use with MGP Waste. (Checklist 199).

67 FR 11251 March 13, 2002 ......................... Oklahoma Statutes Title 27A of Environmental 

Quality Act Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Code Rules 252:205–3–1 through 252:205– 

3–6, as amended February 28, 2003, effective June 12, 2003. 

14. Zinc Fertilizer Rule. (Checklist 200) ............. 67 FR 48393 July 24, 2002 ............................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Codes Rules 252:205–3–1 through 

252:205–3–6, as amended July 2004; 

252:205–3–2(c) effective June 15, 2005. 

15. Treatment Variance for Radioactively Contaminated Batteries. (Checklist 201).67 FR 62618 October 7, 2002 ......................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Codes Rules 252:205–3–1 through 

252:205–3–6, as amended July 2004; 

252:205–3–2(i) effective June 15, 2005. 

16. Hazardous Air Pollutant Standards for Combustors—Corrections 2. (Checklist 202).67 FR 77687 December 19, 2002 ................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Sections 1–1–101, through 2– 

3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative 

Codes Rules 252:205–3–1 through 

252:205–3–6, as amended July 2004; 

252:205–3–2(j) effective June 15, 2005. 

17. Hazardous Waste Management System; 

Identification and Listing of Hazardous 

Waste; Recycled Used Oil Management 

Standards Clarification. (Checklist 203).

68 FR 44659 September 29, 2003 .................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 2–1–101, et seq., as 

amended through 2005. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–27–101, et seq., as 

amended through 2005. Oklahoma Administrative Code Rules 252:205–3–1, as 

amended through 2005, effective June 15, 

2006. 

18. National Environmental Performance Track 

Program; Corrections. (Checklist 204 & 

204.1).

69 FR 21727–21754 April 22, 2004; and 69 

FR 62217 October 25, 2004.

Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 2–2–101, et seq., as 

amended through 2005. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2005. 

Oklahoma Administrative Code Rules 

252:205–3–1, as amended through 2005, 

effective June 15, 2006. 

19. National Emission Standards for Hazardous 

Air Pollutants: Surface Coating of Automobiles and Light-Duty trucks; Final Rule 

NESHAP. (Checklist 205).

69 FR 22601–22661 June 25, 2004 ................ Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 2–2–101, et seq., as 

amended through 2005. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2005. 

Oklahoma Administrative Code Rules 

252:205–3–1, as amended through 2005, 

effective June 15, 2006. 

20. Hazardous Waste—Nonwastes From Production of Dyes, Pigments and Food, Drug 

and Cosmetic Colorants; Loading-Based listing; Final Rule. (Checklist 206 & 206.1).

70 FR 9138–9180 August 23, 2005; 70 FR 

35032 June 13, 2005.

Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 2–2–101, et seq., as 

amended through 2005. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2005. 

Oklahoma Administrative Code Rules 

252:205–3–1, as amended through 2005, 

effective June 15, 2006. 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5999 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

21. Uniform Hazardous Waste Manifest Rule. 

(Checklist 207 & 207.1).

70 FR 10776–10825 March 4, 2005; 70 FR 

35034 June 16, 2005.

Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 2–2–101, et seq., as 

amended through 2005. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2005. 

Oklahoma Administrative Code Rules 

252:205–3–1, as amended through 2005, 

effective June 15, 2006. 

22. Universal Waste Rule; Specific Provisions 

for Mercury Containing Equipment. (Checklist 

209).

70 FR 45508–45522 August 5, 2005 .............. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq, as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6, as 

amended through 2007, effective July 1, 

2008. 

23. Hazardous Waste Management System; 

Identification and Listing of Hazardous 

Waste; Chlorinated Aliphatics Production 

Waste; Land Disposal Restrictions for Newly 

Identified Wastes; and CERCLA Hazardous 

Substance Designation and Reportable 

Quantities. (Checklist 189).

65 FR 67068 November 8, 2000 ..................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Added by Laws 1994, effective 

July 1, 1994 and Section 2–7–106 Added 

by Laws 1981, effective July 1, 1981; 

Amended by Laws 1993, effective July 1, 

1993; Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13, 

2002. 

24. Standardized Permit for RCRA Hazardous 

Waste Management Facilities. (Checklist 

210).

70 FR 53420–53478 September 8, 2005 ........ Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq., as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code 252:205–3– 

1 through 252:205–3–6, as amended 

through 2007, effective July 1, 2008. 

25. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 

(‘‘Headworks exemptions’’). (Checklist 211).

70 FR 57769–57785 October 4, 2005 ............. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq., as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6, as 

amended through 2007, effective July 1, 

2008. 

26. NESHAP: Final Standards for Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II. (Checklist 212).

70 FR 59402–59579 October 12, 2005 ........... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq., as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6, as 

amended through 2007, effective July 1, 

2008. 

6000 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

27. Burden Reduction Initiative. (Checklist 213) 71 FR 16862–16915 April 4, 2006 .................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq., as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6, as 

amended through 2007, effective July 1, 

2008. 

28. Corrections to Errors in the Code of Federal 

Regulations. (Checklist 214).

71 FR 40254–40280 July 4, 2006 ................... Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq., as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6, as 

amended through 2007, effective July 1, 

2008. 

29. Cathode Ray Tubes Rule. (Checklist 215) .. 71 FR 42928–42949 July 28, 2006 ................. Oklahoma Statutes Title 27A of Environmental 

Quality Act, Section 1–1–101, et seq., as 

amended through 2007. Oklahoma Environmental Hazardous Waste Management Act 

27A O.S. Section 2–7–101, et seq., as 

amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2– 

14–101, et seq., as amended through 2007. 

Oklahoma Administrative Code Rules 

252:205–3–1 through 252:205–3–6, as 

amended through 2007, effective July 1, 

2008. 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

There are no State requirements that 

are more stringent or broader in scope 

than the Federal requirements. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

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 new permits or new portions of 

permits except in Indian Country, or the 

provisions listed in the 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. 

J. How Does Today’s Action Affect 

Indian Country (8 U.S.C. 1151) in 

Oklahoma? 

The State of Oklahoma Hazardous 

Program is not being authorized to 

operate in Indian Country. 

K. What Is Codification and Is the EPA 

Codifying Oklahoma’s Hazardous 

Waste Program as Authorized in This 

Rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart LL for this 

authorization of Oklahoma’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

I. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 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 action 

authorizes preexisting requirements 

under State law 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). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 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 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 6001 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. 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. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, 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 added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

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 April 6, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians—lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

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: November 7, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

[FR Doc. E9–2373 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–41] 

Radio Broadcasting Services; Various 

Locations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission, on its own 

motion, editorially amends the Table of 

FM Allotments to specify the 

noncommercial educational (NCE) 

‘‘star’’ designation for several FM 

channels and classes as allotted to 

various communities in several FM 

allotment rulemaking proceedings. 

DATES: Effective February 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, adopted January 14, 2009, 

and released January 16, 2009. These 

amendments are necessary to reflect 

changes that have been authorized in 

response to FM allotment rule making 

proceedings to which the NCE ‘‘star’’ 

designation as listed for various 

communities was inadvertently 

removed from Section 73.202(b), FM 

Table of Allotments by the Revision of 

Procedures Governing Amendments to 

FM Table of Allotments and Changes of 

Community of License in the Radio 

Broadcast Services 71 FR 76208, 

published December 20, 2006. The full 

text of this Commission decision is 

available for inspection and copying 

during regular business hours at the 

FCC Reference Information Center, 

Portals II, 445 12th Street, SW., Room 

CY–A257, Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will not send a copy of the Report & 

Order in this proceeding pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A), because the adopted rules 

are rules of particular applicability. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR Part 73 as follows: 

PART 73—RADIO BROADCASTING 

SERVICES 

■ 1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under California, is 

amended by removing Channel 277C3 

and by adding Channel *277C3 at 

McKinleyville. 

■ 3. Section 73.202(b), the Table of FM 

Allotments under Indiana, is amended 

by removing Channel 291A and by 

adding Channel *291A at Fowler; and 

by removing Channel 298B and by 

adding Channel *298B at Terre Haute. 

■ 4. Section 73.202(b), the Table of FM 

Allotments under New York, is 

amended by removing Channel 221A 

and by adding Channel *221A at 

Amherst. 

■ 5. Section 73.202(b), the Table of FM 

Allotments under North Carolina, is 

amended by removing Channel 237A 

and by adding Channel *237A at 

Dillsboro. 

■ 6. Section 73.202(b), the Table of FM 

Allotments under North Dakota, is 

amended by removing Channel 264C 

and by adding Channel *264C at 

Berthold. 

■ 7. Section 73.202(b), the Table of FM 

Allotments under Pennsylvania, is 

amended by removing Channel 227A 

and by adding Channel *227A at 

Susquehanna. 

■ 8. Section 73.202(b), the Table of FM 

Allotments under Virgin Islands, is