[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Rules and Regulations]
[Pages 29981-29985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11560]



[[Page 29981]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6604-3]


Oklahoma: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Oklahoma has applied for Final authorization to 
revise its Hazardous Waste Program under the Resource Conservation and 
Recovery Act (RCRA). The EPA is now making an immediate final decision, 
subject to receipt of written comment that oppose this action, that 
Oklahoma's Hazardous Waste Program revision satisfies all of the 
requirements necessary to qualify for final authorization.

DATES: This immediate final rule is effective on July 10, 2000 without 
further notice, unless EPA receives adverse comments by June 9, 2000. 
Should EPA receive such comments, it will publish a timely document 
withdrawal informing the public that the rule will not take effect or 
affirm that the immdediate final rule will take effect as scheduled.

ADDRESSES: Written comments, referring to Docket Number Ok-00-2, should 
be sent to Alima Patterson Region 6 Regional Authorization Coordinator, 
Grants and Authorization Section (6PD-G), Multimedia Planning and 
Permitting Division, EPA Region 6, 1145 Ross Avenue, Dallas, Texas 
75202-2733. Copies of Oklahoma program revision application and the 
materials which EPA used in evaluating the revision are available for 
inspection and copying from 8:30 a.m. to 4 p.m. Monday through Friday 
at the following addresses: Oklahoma Department of Environmental 
Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677, (405) 
702-7180-7180 and EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, (214) 665-6444.

FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States that receive final authorization from EPA under RCRA Section 
3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program 
that is equivalent to, consistent with, and no less stringent than the 
Federal Hazardous Waste Program. As the Federal program changes, States 
must change their programs and ask EPA to authorize the changes. 
Changes to State programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must change their programs because 
of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) 
parts 124, 260-266, 268, 270, 273, and 279.

B. What Is the Effect of Today's Authorization Decision ?

    The effect of this decision is that a facility in Oklahoma subject 
to RCRA will 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 EPA retains 
its authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to: (1) Do inspections, and require 
monitoring, tests, analyses or reports, (2) enforce RCRA requirements 
and suspend or revoke permits, and (3) take enforcement actions 
regardless of whether the State has taken its own actions. This action 
does not impose additional requirements on the regulated community 
because the regulations for which Oklahoma is being authorized by 
today's action are already effective, and are not changed by today's 
action.

C. What Is the History of Oklahoma's Final Authorization and Its 
Revisions?

    Oklahoma initially received Final Authorization on January 10, 
1985, (49 FR 50362) to implement its base hazardous waste management 
program. We authorized the following revisions: Oklahoma received 
authorization for revisions to its program on June 18, 1990 (55 FR 
14280), effective November 27, 1990; (55 FR 39274) effective June 3, 
1991; (56 FR 13411) effective November 19, 1991; (56 FR 47675) 
effective December 21, 1994; (59 FR 51116-51122) effective April 27, 
1995; (60 FR 2699-2702) effective October 9, 1996; (61 FR 52884-52886), 
Technical Correction effective March 14, 1997 (62 FR 12100); effective 
February 8, 1999 (63 FR 67800-67802) and (65 FR 16528) effective April 
28, 2000. The authorized Oklahoma RCRA program was incorporated by 
reference into the CFR effective December 13, 1993, and July 14, 1998. 
On October 21, 1999, Oklahoma applied approval of its complete program 
revision. In this application, Oklahoma is seeking approval of its 
program revision in accordance with Sec. 271.21(b)(3).
    Oklahoma statutes provide authority for a single State agency, the 
Oklahoma Department of Environmental Quality (ODEQ,) to administer the 
provisions of the State Hazardous Waste Management Program. These 
statutes are the Oklahoma Environmental Quality Act, 27 O.S. Supplement 
(Supp) 1997 Secs. 1-1-101 et seq. General provisions of the Oklahoma 
Environmental Quality Code which may affect the Hazardous Waste 
Program, 27A O.S. Supp. 1997 Secs. 2-1-101 through 2-3-507; and the 
Oklahoma Hazardous Waste Management Act (OHWMA), 27A O.S. Supp. 1997 
Secs. 2-7-101 et seq. No amendments were made to the above statutory 
authorities during the 1999 legislative session which will 
substantially affect the State Hazardous Waste Management Program.
    On January 12, 1999, the Council voted to recommend permanent 
revocation of Oklahoma Administrative Code (OAC) 252:200 and permanent 
adoption of OAC 252:205. The permanent revocation of OAC 252:200 and 
permanent adoption of OAC 252:205 is a part of the ODEQ's effort to 
simplify and streamline it rules for the benefit of regulated entities 
and the public as well as the agency itself. This ``rewrite'' of 
Oklahoma's hazardous waste regulations is not intended to change 
substantive requirements previously found in OAC 252:200, but to make 
the requirements clearer and more concise. The effort stems in part 
from 1997 legislation requiring most Oklahoma administrative agencies 
to perform regulatory reviews. Due to extensive reworking of the 
language and rearrangement of the text, the ODEQ believes it is more 
understandable and straightforward to revoke Chapter 200 in its 
entirety and replace it with a new chapter, Chapter 205, than to 
present an amended version of Chapter 200.
    These rules include provisions, found at OAC 252:205-3-1 through 
252:200-3-7, to incorporate by reference, in accordance with the 
Guidelines For State Adoption of Federal Regulations By Reference, the 
following EPA Hazardous Waste Management Regulations as amended through 
July 1, 1998. [The provisions of Title 40 CFR part 124 which are 
required by 40 CFR part 271.14 as well as parts 124.31, 124.32, and 
124.33; 40 CFR parts 260-266, with the exception of 40 CFR parts 260.20 
through 260.22, 264.149, 264.150, 264.301(1), the Appendix VI to part 
264, 265.149, and 265.150; 40 CFR part 268 except 268.5, 268.6, 268.10-
13, 268.42(b) and 268.44; 40 CFR part 270

[[Page 29982]]

except 270.14(b)(18); 40 CFR part 273; and 40 CFR part 279]. 
Additionally, the rules adopt the new or superseding amendments to 40 
CFR found in 63 FR 37780-37782 published July 14, 1998 dealing with 
used oil management standards. Oklahoma has added mercury-containing 
lamps as a ``State only'' universal waste, thereby modifying 
appropriate provisions of the above CFR citations.
    The Board adopted these amendments on March 5, 1999 as permanent 
rules. These permanent rules which became effective on June 11, 1999, 
implement the State hazardous waste program, and are codified in the 
OAC at OAC 252:205 et seq.
    The ODEQ remains the official agency of the State of Oklahoma, as 
designated by 27A O.S. Supp. 1998 Section 2-7-105(13) to cooperate with 
Federal agencies for purposes of hazardous waste regulation.
    The OHWMA delegates authority to the ODEQ to administer the State 
hazardous waste program, including the statutory and regulatory 
provisions necessary to administer the RCRA cluster VIII provisions. 
Currently, Oklahoma Corporation Commission (OCC) regulates 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. The ODEQ and the OCC have in 
place a ODEQ/OCC jurisdictional Guidance Document that reflects the 
current sate of affairs between the two agencies. The ODEQ exclusively 
regulates hazardous waste in Oklahoma (excluding Indian lands) and the 
OCC does not regulate hazardous waste in Oklahoma. The current ODEQ/OCC 
Jurisdictional Guidance Document was signed on January 27, 1999.

D. What Revisions Are We Approving With Today's Action?

    Oklahoma applied for final approval of its revision to its complete 
program in accordance with 40 CFR 271.21. Oklahoma's revisions consist 
of regulations which specifically govern RCRA Cluster VIII. Oklahoma 
requirements are included in a chart with this document. EPA is now 
making a final decision, subject to receipt of written comments that 
oppose this action, that Oklahoma's revisions of its hazardous waste 
program satisfies all of the requirements necessary to qualify for 
final authorization. Therefore, we grant Oklahoma final authorization 
for the following program revisions:

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                    Federal Citation                                           State Analog
----------------------------------------------------------------------------------------------------------------
1. Land Disposal Restrictions Phase III--Emergency       27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Extension of the K088 National Capacity Variance [62     effective July 1, 1994, Annotated Oklahoma Statutes,
 FR 37694-37699], July 14, 1997. (Checklist 160).         27 A. O.S. Supp 1998 Sec.  2-7-106 Amended by Laws
                                                          1993, effective July 1, 1993, Rules 252:205-3-1
                                                          through 252:205-3-7 permanent effective June 11, 1999.
2. Second Emergency Revision of the Land Disposal        27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Restrictions Treatment Standards for Listed Hazardous    effective July 1, 1994, 27A O.S. Supp 1998 Sec.  2-7-
 Wastes From Carbamate Production [62 FR 45568-45573],    106 Amended by Laws 1993, effective July 1, 1993,
 August 28, 1997] (Checklist 161).                        Rules 252:205-3-1 through 252:205-3-7 permanent
                                                          effective June 11, 1999.
3. Clarification of Standards for Hazardous Waste Land   27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Disposal Restriction Treatment Variances [62 FR 64504-   effective July 1, 1994, 27A O.S. Supp 1998 Sec.  2-7-
 6409], December 5, 1997. (Checklist 162).                106 Amended by Laws 1993, effective July 1, 1993,
                                                          Rules 252:205-3-1 through 252:205-3-7 permanent
                                                          effective June 11, 1999.
4. Hazardous Waste Treatment, Storage, and Disposal      27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Facilities and Hazardous Waste Generators, Organic Air   effective July 1, 1994, 27A O.S. Supp 1998 Sec.  2-7-
 Emission Standards for Tanks, Surface Impoundments,      106 Amended by Laws 1993, effective July 1, 1993,
 and Containers [62 FR 64636-64671], December 8, 1997.    Rules 252:205-3-1 through 252:205-3-7 permanent
 (Checklist 163).                                         effective June 11, 1999.
5. National Emission Standards for Hazardous Air         27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Pollutants for Source Category: Pulp and Paper           effective July 1, 1994, 27A O.S. Supp 1998 Sec.  2-7-
 Production; Effluent Limitations Guidelines,             106 Amended by Laws 1993, effective July 1, 1993,
 Pretreatment Standards, and New Source Performance       Rules 252:205-3-1 through 252:205-3-7 permanent
 Standards; Pulp, Paper, and Paperboard Category [63 FR   effective June 11, 1999.
 18504-18751], April 15, 1998. (Checklist 164).
12. Land Disposal Restrictions Phase IV--Exclusion of    27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Recycled Wood Preserving Wastewaters [63 FR 28556],      effective July 1, 1994, 27A O.S. Supp 1998 Sec.  2-7-
 May 26, 1998. (Checklist 167F).                          106 Amended by Laws 1993, effective July 1, 1993,
                                                          Rules 252:205-3-1 through 252:205-3-7 permanent
                                                          effective June 11, 1999.
13. Hazardous Waste Combustors; Revised Standards;       27A O.S. Supp. 1998 Sec.  2-2-104 Added by Laws 1994,
 Final Rule--Part 1: RCRA Comparable Fuel Exclusion;      effective July 1, 1994, 27A O.S. Supp 1998 2-7-106
 Permit Modifications for Hazardous Waste Combustion      Amended by Laws 1993, effective July 1, 1993, Rules
 Units; Notification of Intent to Comply; Waste           252:205-3-1 through 252:205-3-7 permanent effective
 Minimization and Pollution Prevention Criteria for       June 11, 1999.
 Compliance Extensions [63 FR 33782-33829], June 19,
 1998. (Checklist 168).
----------------------------------------------------------------------------------------------------------------

E. What Decisions Has EPA Made?

    We conclude that Oklahoma's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Therefore, we grant Oklahoma final authorization to operate its 
hazardous waste program as revised, assuming we receive no adverse 
comments as discussed above. Upon effective final approval Oklahoma 
will be responsible for permitting treatment, storage, and disposal 
facilities within its borders (except in Indian Country) and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of Solid Waste 
Amendments of 1984 (HSWA). New federal requirements and prohibitions 
imposed by Federal regulations that EPA promulgates under the authority 
of HSWA take effect in authorized States before they are authorized for 
the requirements. Thus, EPA will implement those requirements and 
prohibitions in Oklahoma, including issuing permits, until the State is 
granted authorization to do so.

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

    In this authorization of the State of Oklahoma's program revisions 
for RCRA Cluster VIII, there are no provisions that are more stringent 
or broader in scope. Broader in scope requirements are not part of the 
authorized program and EPA can not enforce them.

[[Page 29983]]

G. Who Handles Permits After This Authorization Takes Effect?

    The EPA will administer any RCRA permits or portions of permits it 
has issued to facilities in the State until the State becomes 
authorized. At the time the State program is authorized for new rules, 
EPA will transfer all permits or portions of permits issued by EPA to 
the State. The EPA will not issue any more permits or portions of 
permits for the provisions listed in this document after the effective 
date of this authorization. The EPA will continue to implement and 
issue permits for HSWA requirements for which the State is not yet 
authorized.

H. Why Wasn't There a Proposed Rule Before Today's Notice?

    The EPA is authorizing the State's changes through this immediate 
final action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial we 
expect no comments that oppose this action. The EPA is providing an 
opportunity for public comment now. In addition, in the proposed rules 
section of today's Federal Register we are publishing a separate 
document that proposes to authorize the State changes. If EPA receives 
comments opposing this authorization, that document will serve as a 
proposal to authorize the changes.

I. Where Do I Send My Comments and When Are They Due?

    You should send written comments to Alima Patterson, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to 
Docket Number OK-00-2. We must receive your comments by June 9, 2000. 
You will not have an opportunity to comment again. If you want to 
comment on this action, you must do so at this time.

J. What Happens If EPA Receives Comments Opposing This Action?

    If EPA receives comments opposing this authorization, we will 
publish a second Federal Register document before the immediate final 
rule takes effect. The second document will withdraw the immediate 
final rule or identify the issues raised, respond to the comments, and 
affirm that the immediate final rule will take effect as scheduled.

K. When Will This Approval Take Effect?

    Unless EPA receives comments opposing this action, this final 
authorization approval will become effective without further notice on 
July 10, 2000.

L. Where Can I Review the State's Application?

    You can review and copy the State of Oklahoma's application from 
8:30 a.m. to 4 p.m. Monday through Friday at the following addresses: 
Oklahoma Department of Environmental Quality, 707 North Robinson, 
Oklahoma City, Oklahoma 73101-1677, (405) 702-7180-7180 and EPA, Region 
6 Library, 12th Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
(214) 665-6444. For further information contact Alima Patterson, Region 
6 Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533.

M. How Does Today's Action Affect Indian Country in Oklahoma?

    Oklahoma is not authorized to carry out its Hazardous Waste Program 
in Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect on Indian Country.

N. What Is Codification?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. The EPA does this by referencing the authorized 
State rules in 40 CFR part 272. The EPA reserves the amendment of 40 
CFR part 272, Subpart LL for this codification of Oklahoma's program 
changes until a later date.

Regulatory Requirements

Compliance With Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from the requirements of section 3 of Executive Order 12866.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' applies to any rule that: (1) The OMB 
determines is ``economically significant'' as defined under Executive 
Order 12866, and (2) concerns an environmental health or safety risk 
that EPA has reason to believe may have a disproportionate effect on 
children. If the regulatory action meets both criteria, the Agency must 
evaluate the environmental health or safety effects of the planned rule 
on children and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions based on environmental health 
or safety risks.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, Section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
action does not involved technical standards. Therefore, EPA did not 
consider the use of any voluntary consensus standards.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector.
    Under section 202 of the UMRA, the EPA must prepare a written 
statement, including a cost-benefit analysis, for proposed and final 
rules with Federal mandates that may result in expenditures to State, 
local and tribal governments, in the aggregate, or to the private 
sector, of $100 million or more in any one year. Before promulgating 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires EPA to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective or least burdensome alternative that achieves the 
objective of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
EPA to adopt an alternative other than the least costly, most cost-
effective or least

[[Page 29984]]

burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    The EPA has determined that sections 202 and 205 requirements do 
not apply to today's action because this rule does not contain a 
Federal mandate that may result in annual expenditures of $100 million 
or more for State, local and/or tribal governments in the aggregate, or 
the private sector. Costs to State, local and/or tribal governments 
already exist under the State of Oklahoma's program, and today's action 
dos not impose any additional obligations on regulated entities. In 
fact EPA's approval of State programs generally may reduce, not 
increase, compliance costs for the private sector. Further, as it 
applies to the State, this action does not impose a Federal 
intergovernmental mandate because UMRA does not include duties arising 
from participation in a voluntary federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate Treatment, Storage, Disposal, Facilities, they are 
already subject to the regulatory requirements under the existing State 
laws that are being authorized by EPA, and thus, are not subject to any 
additional significant or unique requirements by virtue of this program 
approval.

Certification Under the Regulatory Flexibility Act (RFA), as Amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organization, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate Treatment, Storage, Disposal, Facilities are already 
subject to the regulatory requirements under the State laws which EPA 
is now authorizing. This action merely authorizes for the purpose of 
RCRA 3006 those existing State requirements.

Submission to Congress and the Comptroller General

    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 submitted a report containing this rule 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 of the rule in today's Federal Register. This rule is 
not a ``major rule'' defined by 5 U.S.C. 804(2).

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

Executive Order 13084:  Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
cost incurred by the tribal governments. If EPA complies with 
consulting, Executive Order 13084 requires EPA to provide to OMB, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities''.
    This rule is not subject to Executive Order 13084 because it does 
not significantly or uniquely affect the communities of Indian 
governments. The State of Oklahoma is not authorized to implement the 
RCRA hazardous waste program in Indian country. This action has no 
effect on the hazardous waste program that EPA implements in the Indian 
country within the State.

Executive Order 13132:  Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications''. 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government''.
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that impose substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with

[[Page 29985]]

State and local officials early in the process of developing the 
proposed regulation. The EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This action does not have federalism implication. It will not have 
a substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, because it affects only one State. This 
action simply approves Oklahoma's proposal to be authorized for updated 
requirements of the hazardous waste program that the State has 
voluntarily chosen to operate. Further, requirements of the hazardous 
waste program that the State has voluntarily chosen to operate. 
Further, as result of this action, those newly authorized provisions of 
the State's program now apply in the State of Oklahoma in lieu of the 
equivalent Federal program provisions implemented by EPA under HSWA. 
Affected parties are subject only to those authorized State provisions, 
as opposed to being subject to both Federal and State regulatory 
requirements. Thus, the requirements of section 6 of the Executive 
Order do not apply.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This notice is issued under the authority of sections 
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 30, 2000.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 00-11560 Filed 5-9-00; 8:45 am]
BILLING CODE 6560-50-P