[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15273-15276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6275]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2012-0054; FRL-9647-7]


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 May 14, 2012 
unless the EPA receives adverse written comment by April 16, 2012. 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. Email: <a href="/cdn-cgi/l/email-protection#c9b9a8bdbdacbbbaa6a7e7a8a5a0a4a889acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="6f1f0e1b1b0a1d1c0001410e0306020e2f0a1f0e41080019">[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 email. 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 email 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 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address 
<a href="/cdn-cgi/l/email-protection#8fffeefbfbeafdfce0e1a1eee3e6e2eecfeaffeea1e8e0f9"><span class="__cf_email__" data-cfemail="95e5f4e1e1f0e7e6fafbbbf4f9fcf8f4d5f0e5f4bbf2fae3">[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

[[Page 15274]]

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. Also section 10211(a) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act of 2005 (``SAFETEA''), Public Law 
109-59, 119 Statute 1144 (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). 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 is 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; April 9, 2003 (68 FR 17308-17311) 
effective June 9, 2003 and February 4, 2009 (74 FR 5994-6001). 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, August 27, 2003 (68 FR 51488-51492) effective October 27, 
2003, August 27, 2010 (75 FR 36546) June 28, 2010 and (66 FR 18927-
18930) effective June 6, 2011. On December 20, 2011, 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 statutory and regulatory provisions necessary to administer the 
provisions of RCRA Cluster XX, and designates the ODEQ as the State 
agency to cooperate and share information with EPA for the purpose of 
hazardous waste regulation. The Oklahoma Environmental Quality Code 
(``Code''), at 27 A O.S. Section 2-7101 et seq. establishes the 
statutory authority to administer the Hazardous waste management 
program and subtitle C. The State regulations to manage the Hazardous 
waste management program are at Oklahoma Administrative Code (OAC) 
Title 252 Chapter 205.
    The DEQ adopted applicable Federal hazardous waste regulations as 
amended through July 1, 2011. The provisions for which the State of 
Oklahoma is seeking authorization are documented in the Regulatory 
Documentation For Federal Provisions For Which The State Of Oklahoma Is

[[Page 15275]]

Seeking Authorization, Federal Final Rules Published Between July 1, 
2009 Through June 30, 2010 RCRA Cluster XX, prepared on April 22, 2011.
    The DEQ incorporates the Federal regulations by reference and there 
have been no changes in State or Federal laws or regulations that have 
diminished the DEQ's ability to adopt the Federal regulations by 
reference as set forth in the authorizations at 75 FR 1236-1262, 75 FR 
12989-13009, 75 FR 31716-31717 and 75 FR 33712-33724 for RCRA Cluster 
XX. The Federal Hazardous waste regulations are adopted by reference by 
the DEQ at OAC 252:205, Subchapter 3. The DEQ does not adopt Federal 
regulations prospectively.
    The State Hazardous waste management program (``State Program'') 
now has in place the statutory authority and regulations for all 
required components of Checklists 222, 223, and 224 in Cluster XX. 
These statutory and regulatory provisions were developed to ensure the 
State program is equivalent to, consistent with and no less stringent 
than the Federal Hazardous waste management program.
    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 an 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 Cluster XX will not affect the jurisdictional 
authorities of the ODEQ or OCC.
    The Board adopted RCRA Cluster XX amendments on November 16, 2010 
and became effective on July 1, 2011. The rules were also codified at 
OAC 252:205 et seq., Subchapter 3.
    Pursuant to OAC 252:205-3-2, 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 provisions. 
Further, Oklahoma interprets these incorporated provisions to provide 
identical authority to the Federal provisions. Thus, OAC Title 252, 
Chapter 205 provides equivalent and no less stringent authority than 
the Federal Subtitle C program in effect July 1, 2011. The State of 
Oklahoma incorporate by reference the provisions of 40 Code of Federal 
Regulations (CFR) parts 124 of 40 CFR that are required by 40 CFR 
271.14 (with the addition of 40 CFR 124.19(a) through (c), 124.19(e), 
124.31, 124.32, 124.33 and Subpart G); 40 CFR parts 260-268 [with the 
exception of 260.21, 262 Subparts E and H, 264.1(f), 264.1(g)(12), 
264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e), 
264.1080(f), 264.1080(g), 265.1(c)(4), 265.1(g)(12), 265.149, 265.150, 
265.1030(c), 265.1050(f) 265.1080(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)]; 40 CFR part 
273; and 40 CFR part 279.
    The DEQ is the lead Department to cooperate and share information 
with the EPA for purpose of hazardous waste regulation.
    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.

G. What changes are we approving with today's action?

    On December 20, 2011, the State of Oklahoma submitted 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, 2009 through June 31, 2010 (RCRA Cluster XX). Oklahoma 
requirements are included in a chart with this document.

------------------------------------------------------------------------
                                   Federal Register
     Description of federal       date and page (and/   Analogous state
 requirement (include checklist    or RCRA statutory       authority
      number, if relevant)             authority
------------------------------------------------------------------------
1. OECD Requirement; Export       75 FR 1236-1262     Oklahoma Statutes
 Shipments of Spend Lead-Acid      January 8, 2010.    Title 27A Section
 Batteries. (Checklist 222).                           2-7-101 et seq.;
                                                       Oklahoma
                                                       Administrative
                                                       Code amended
                                                       November 16,
                                                       2010. Oklahoma
                                                       Hazardous Waste
                                                       Management Act,
                                                       as amended
                                                       effective July 1,
                                                       2011.
2. Hazardous Waste Technical      75 FR 12989-13009,  Oklahoma Statutes
 Corrections and Clarification.    75 FR 31716-31717   Title 27A Section
 (Checklist 223).                  March 18, 2010,     2-7-101 et seq.;
                                   and June 4, 2010.   Oklahoma
                                                       Administrative
                                                       Code amended
                                                       November 16,
                                                       2010. Oklahoma
                                                       Hazardous Waste
                                                       Management Act,
                                                       as amended
                                                       effective July 1,
                                                       2011.
3. Withdrawal of the Emission     75 FR 33712-33724   Oklahoma Statutes
 Comparable Fuel Exclusion.        June 15, 2010.      Title 27A Section
 (Checklist 224).                                      2-7-101 et seq.;
                                                       Oklahoma
                                                       Administrative
                                                       Code amended
                                                       November 16,
                                                       2010. Oklahoma
                                                       Hazardous Waste
                                                       Management Act,
                                                       as amended
                                                       effective July 1,
                                                       2011.
------------------------------------------------------------------------

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 for the provisions listed in the

[[Page 15276]]

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?

    Section 8 U.S.C. 1151 does not affect the State of Oklahoma because 
under section 10211(a) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act of 2005 (``SAFETEA''), Public Law 109-59, 119 
Statute 1144 (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).

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.

L. 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. The 
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is 
also exempt from review under Executive orders 12866 (56 FR 51735, 
October 4, 1993). 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 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 May 14, 2012.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian 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: March 7, 2012.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-6275 Filed 3-14-12; 8:45 am]
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