[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Rules and Regulations]
[Pages 5994-6001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2373]


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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.

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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: <a href="/cdn-cgi/l/email-protection#7e0e1f0a0a1b0c0d1110501f1217131f3e1b0e1f50191108"><span class="__cf_email__" data-cfemail="e4948590908196978b8aca85888d8985a4819485ca838b92">[email protected]</span></a>.
    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 e-mail 
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 
<a href="/cdn-cgi/l/email-protection#aadacbdedecfd8d9c5c484cbc6c3c7cbeacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="b6c6d7c2c2d3c4c5d9d898d7dadfdbd7f6d3c6d798d1d9c0">[email protected]</span></a>.

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

[[Page 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:
    <bullet> Do inspections, and require monitoring, tests, analyses, 
or reports;
    <bullet> Enforce RCRA requirements and suspend or revoke permits 
and
    <bullet> 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

[[Page 5996]]

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     Federal Register date and
   (include checklist <greek-i>, if     page  (and/or RCRA statutory           Analogous state authority
              relevant)                          authority)
----------------------------------------------------------------------------------------------------------------
1. NESHAPS: Final Standards for        65 FR 42292 July 10, 2000....  Oklahoma Statutes Title 27A of
 Hazardous Air Pollutants for                                          Environmental Quality Act, Added by Laws
 Hazardous Waste Combustors.                                           1994, effective July 1, 1994 and Section
 (Checklist 188).                                                      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           66 FR 24270 May 14, 2001.....  Oklahoma Statutes Title 27A Section 2-2-
 Correction, Vacatur. (Checklist                                       104 Added by Laws 1994, effective July 1,
 188.1).                                                               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    66 FR 35087 July 3, 2001.....  Oklahoma Statutes Title 27A Section 2-2-
 Air Pollutants for Hazardous Waste                                    104 Added by Laws 1994, effective July 1,
 Combustors. (Checklist 188.2).                                        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  65 FR 81373 December 26, 2000  Oklahoma Statutes Title 27A of
 PCBs as a Constituent Subject to                                      Environmental Quality Act, Added by Laws
 Treatment in Soil. (Checklist 190).                                   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.

[[Page 5997]]

 
5. Storage Treatment, Transportation   66 FR 27218 May 16, 2001.....  Oklahoma Statutes Title 27A of
 and Disposal of Mixed Waste.                                          Environmental Quality Act, Added by Laws
 (Checklist 191).                                                      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      66 FR 27266 May 16, 2001.....  Oklahoma Statutes Title 27A of
 Revisions; Land Disposal                                              Environmental Quality Act, Added by Laws
 Restrictions Correction. (Checklists                                  1994, effective July 1, 1994 and Section
 192A &192B).                                                          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;      66 FR 34374 June 28, 2001....  Oklahoma Statutes Title 27A of
 Additional Technical Amendment and                                    Environmental Quality Act, Added by Laws
 Corrections. (Checklist 193).                                         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   66 FR 50332 October 3, 2001..  Oklahoma Statutes Title 27A of
 Identification Rule (HWIR);                                           Environmental Quality Act, Added by Laws
 Revisions to the Mixture and Derived-                                 1994, effective July 1, 1994 and Section
 From Rules. (Checklist 194).                                          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    66 FR 58258 November 20, 2001  Oklahoma Statutes Title 27A of
 Wastes Identification and Listing.                                    Environmental Quality Act, Added by Laws
 (Checklist 195).                                                      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       67 FR 2962 January 22, 2002..  Oklahoma Statutes Title 27A of
 Units Amendments. (Checklist 196).                                    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  67 FR 6792 February 13, 2002.  Oklahoma Statutes Title 27A of
 for Combustors: Interim Standards.                                    Environmental Quality Act Sections 1-1-
 (Checklist 197).                                                      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  67 FR February 14, 2002......  Oklahoma Statutes Title 27A of
 for Combustors; Corrections.                                          Environmental Quality Act Sections 1-1-
 (Checklist 198).                                                      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.

[[Page 5998]]

 
13. Vacatur of Mineral Processing      67 FR 11251 March 13, 2002...  Oklahoma Statutes Title 27A of
 Spent Materials Being Reclaimed as                                    Environmental Quality Act Sections 1-1-
 Solid Waste and TCLP Use with MGP                                     101, through 2-3-507, 2-1-101, and 2-14-
 Waste. (Checklist 199).                                               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   67 FR 48393 July 24, 2002....  Oklahoma Statutes Title 27A of
 200).                                                                 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             67 FR 62618 October 7, 2002..  Oklahoma Statutes Title 27A of
 Radioactively Contaminated                                            Environmental Quality Act, Sections 1-1-
 Batteries. (Checklist 201).                                           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  67 FR 77687 December 19, 2002  Oklahoma Statutes Title 27A of
 for Combustors--Corrections 2.                                        Environmental Quality Act, Sections 1-1-
 (Checklist 202).                                                      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         68 FR 44659 September 29,      Oklahoma Statutes Title 27A of
 System; Identification and Listing     2003.                          Environmental Quality Act, Section 2-1-
 of Hazardous Waste; Recycled Used                                     101, et seq., as amended through 2005.
 Oil Management Standards                                              Oklahoma Environmental Hazardous Waste
 Clarification. (Checklist 203).                                       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             69 FR 21727-21754 April 22,    Oklahoma Statutes Title 27A of
 Performance Track Program;             2004; and 69 FR 62217          Environmental Quality Act, Section 2-2-
 Corrections. (Checklist 204 & 204.1).  October 25, 2004.              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    69 FR 22601-22661 June 25,     Oklahoma Statutes Title 27A of
 Hazardous Air Pollutants: Surface      2004.                          Environmental Quality Act, Section 2-2-
 Coating of Automobiles and Light-                                     101, et seq., as amended through 2005.
 Duty trucks; Final Rule NESHAP.                                       Oklahoma Environmental Hazardous Waste
 (Checklist 205).                                                      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    70 FR 9138-9180 August 23,     Oklahoma Statutes Title 27A of
 Production of Dyes, Pigments and       2005; 70 FR 35032 June 13,     Environmental Quality Act, Section 2-2-
 Food, Drug and Cosmetic Colorants;     2005.                          101, et seq., as amended through 2005.
 Loading-Based listing; Final Rule.                                    Oklahoma Environmental Hazardous Waste
 (Checklist 206 & 206.1).                                              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.

[[Page 5999]]

 
21. Uniform Hazardous Waste Manifest   70 FR 10776-10825 March 4,     Oklahoma Statutes Title 27A of
 Rule. (Checklist 207 & 207.1).         2005; 70 FR 35034 June 16,     Environmental Quality Act, Section 2-2-
                                        2005.                          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     70 FR 45508-45522 August 5,    Oklahoma Statutes Title 27A of
 Provisions for Mercury Containing      2005.                          Environmental Quality Act, Section 1-1-
 Equipment. (Checklist 209).                                           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         65 FR 67068 November 8, 2000.  Oklahoma Statutes Title 27A of
 System; Identification and Listing                                    Environmental Quality Act, Added by Laws
 of Hazardous Waste; Chlorinated                                       1994, effective July 1, 1994 and Section
 Aliphatics Production Waste; Land                                     2-7-106 Added by Laws 1981, effective
 Disposal Restrictions for Newly                                       July 1, 1981; Amended by Laws 1993,
 Identified Wastes; and CERCLA                                         effective July 1, 1993; Oklahoma
 Hazardous Substance Designation and                                   Administrative Code Rules 252:205-3-1
 Reportable Quantities. (Checklist                                     through 252:205-3-6 amended March 1,
 189).                                                                 2002, as effective June 13, 2002.
24. Standardized Permit for RCRA       70 FR 53420-53478 September    Oklahoma Statutes Title 27A of
 Hazardous Waste Management             8, 2005.                       Environmental Quality Act, Section 1-1-
 Facilities. (Checklist 210).                                          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  70 FR 57769-57785 October 4,   Oklahoma Statutes Title 27A of
 Exemptions for Hazardous Waste         2005.                          Environmental Quality Act, Section 1-1-
 Mixtures (``Headworks exemptions'').                                  101, et seq., as amended through 2007.
 (Checklist 211).                                                      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        70 FR 59402-59579 October 12,  Oklahoma Statutes Title 27A of
 Hazardous Waste Combustors (Phase I    2005.                          Environmental Quality Act, Section 1-1-
 Final Replacement Standards and                                       101, et seq., as amended through 2007.
 Phase II. (Checklist 212).                                            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.

[[Page 6000]]

 
27. Burden Reduction Initiative.       71 FR 16862-16915 April 4,     Oklahoma Statutes Title 27A of
 (Checklist 213).                       2006.                          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  71 FR 40254-40280 July 4,      Oklahoma Statutes Title 27A of
 of Federal Regulations. (Checklist     2006.                          Environmental Quality Act, Section 1-1-
 214).                                                                 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.            71 FR 42928-42949 July 28,     Oklahoma Statutes Title 27A of
 (Checklist 215).                       2006.                          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

[[Page 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


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