### ADDENDUM TO PROGRAM DESCRIPTION OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY HAZARDOUS WASTE MANAGEMENT PROGRAM RCRA CLUSTERXVIII Part I: Organization and Management ofthe State Program [40 CFR 271.5 and 271.61 A. Introduction With this revision authorization application, the State ofOklahoma, throughtheDEQ, is seeking authorization to implement Cluster XVIII of RCRA The State hazardous waste management program ("State Program") now has in place the statutory authority and regulations for all required components through Cluster XVIII. 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 ("RCRA Subtitle C"). Appendices A and B contain the RCRA Statutory Checklist and RCRA Revision Checklists for Clusters XVIII, respectively. The DEQ received final authorization for thebase RCRAprogram in January 1985. Since then, DEQ has received final authorization for non-HSWA Clusters 1throughVI, HSWA Clusters 1and 11, and RCRA Clusters Ithrough XVII. No major changes have takenplace in the State Program since the Addendum to the Program Description for Clusters XVI and XVII was submitted to the EPA. In accordance with 40 CFR 271.6(a), Part II ofthis Addendum describes the scope ofCluster XVIII as it is implemented in Oklahoma.

### B. State Agency Authorities, Regulations, and Organization 

### [§ 271.5(a)(5) and 271.6(b)) 1. Authorities Oklahoma statutes provide authority for a single agency, the DEQ, to administerthe provisions ofthe State Program. Furthermore, these statutes ensure there is ample opportuoity for members of the public to be involved in rulemaking and permitting activities. The following Oklahoma statutes fully implement the State Program:

• Appendix C: OklahomaEnvironmental QualityAct(27AO.S. § 1-1-101, etseq., as amended through July 1, 2009);

• Appendix D: Portions ofthe Oklahoma Environmental Quality Code affecting the State Program (27A O.S. §§ 2-1-101 through 2-3-507, as amended through July I, 2009);

• AppendixE: OklahomaHazardous Waste ManagementAct (27A O.S. § 2-7-101, etseq., as amended through July 1, 2009);

• Appendix F: Oklahoma Uniform Environmental Permitting Act (27A O.S. § 2-14-101, et seq., as amended through July 1, 2009);

• Appendix G: Administrative Procedures Act (75 O.S. § 250, et seq., as amended through July 1, 2009);

• Appendix H: Oklahoma Open MeetingAct (25 O.S. § 301, etseq., as amended throughJuly 1,2009);

• Appendix 1: Environmental Crimes Act (21 O.S. § 1230.1, etseq., as amended through July 1, 2009); and

• Appendix J: Oklahoma Open Records Act (51 O.S. § 24A.l, etseq., as amended through July I, 2009).The OHWMA provides the DEQ with the authority to administer the State Program, including the statutory and regulatoryprovisions necessaryto administer the provisions ofClusterXVIII and designates the DEQ as the State agencyto cooperate and share informationwiththe EPA forpurpose ofhazardous waste regulation. TheOEQC, at 27A O.S. §2-2-101, establishes an EQB to be the rulemaking bodyfor the DEQ, specifically charged with the responsibility of promulgating rules to implement the duties and responsibilities ofthe DEQ. The EQB consists of 13 members appointed bythe Governor with the advice and consent ofthe Senate. 27A O.S. §2-2-201 establishes a HWMAC with the authority to recommend rules to the EQB on behalfofthe DEQ. EQB and HWMAC meetings are public forums conducted in accordance with the Oklahoma Open Meeting Act. Permanentrules to implementthe StateProgram arepromulgatedbytheEQB with the advice of the HWMAC; however, emergencyrules maybepromulgatedbytheEQB without HWMAC input. The HWMAC may not recommend rules to the EQB unless all applicable requirements ofthe OklahomaAdministrative Procedures Act have been followed, including but not limited to public notice, rule impact statement, and rulemaking hearings. The OEQA at 27A O.S. § 1-3-101(E) grants tre OCC authority to regulate certainaspects ofthe oil and gas production and transportation industryin Oklahoma, including certain wastes generated bypipelines, bulk fuel sales terminals and certain tank farms, as well as underground storage tanks. To clarifY areas of environmental jurisdiction, the DEQ and the OCC developed a DEQ/OCC Jurisdictional GuidanceDocumentto identifYrespective areas of jurisdiction. Appendix K contains the currentDEQ/OCCJurisdictional Guidance Document as amended through January 27, 1999.The revisions to the State Program necessary to administer Cluster XVIII will not affect the jurisdictional authorities ofthe DEQ or OCC. 

### 2. Regulations Appendix L contains the Hazardous Waste Managementregulations found atTitle 252, Chapter 205 ofthe OklahomaAdministrative Code ("OAC 252:205"), effective July I, 2009. The Federal RCRA Subtitle C program found in Title 40 ofthe Code ofFederal Regulations ("40 CFR") is implemented in Oklahoma through OAC 252:205. In accordance with the Guidelinesfor State Adoption of FederalRegulations byReference, OAC 252:205-3-1 through 252:205-3-6 set forth in Appendix L, incorporate byreferencethe following provisions of40 CFR as amended through July 1,2009:

• the provisions ofPart 124 of40 CFR ("40 CFR 124") that are required by 40 CFR 27 1.14 [with the addition of40 CFR 124.19 (a) through (c), 124.19(e), 124.31, 124.32, 124.33, and / Subpart G];

• 40 CFR Parts 260-268 [with th except' n of260 1, 26I.4(b)l8), 262 Subparts E and ,
264.1080(t), 264. 80(g),

# 265.1~4), 265.1(g)( ,265.149, 265.150, 265.1030(c), 265.1050(t), 265.1080(e), 265.1080(t), 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 of270.1 (c)(2)(ix) and 270. 14(b)(1 8)];

• 40 CFR Part 273; and

• 40 CFR Part 279.Pursuantto 27A O.S. 

### § 2-2-104, the DEQ's incorporationofFederal regulations does not operate to incorporate prospective future changes to the incorporated sections of40 CFR. No other Oklahoma laws or regulations reduce the scope ofcoverage or otherwise affect the requirements oftheseincorporated-by-referenceprovisions. Languagewas added at OAC 252:205-3- 2(c)(3) which clarified the new federal definition ofF019 waste but did not change it in anyway. Thus, OAC 252:205-3-1 through 252:205-3-6 and Subchapter25 ofOAC 252:205 ensurethe State Programis equivalentto, and no less stringentthan, the Federal RCRA Subtitle C programin effect through July 1, 2009. 3. Organization Appendix M contains the organizational chart for the LPD as ofMarch 26,2009. Appendix 0 shows staffing requirements for the State Program based on the EPA/State Grant and itemized personnel costs for SFY 2008, which runs from July 1, 2007 through June 30, 2008. Appendix P is the State Program budget for SFY 2008, showing funding amounts based on the personnel requirements set out in the EPA/State Grant, as well as projectedbudgets for SFY 2009 and 2010. 

### In accordance with the OEQC at 27A O.S. § 2-3-201, the executive officer ofthe DEQ is the Executive Director who is appointed by the EQB. The Executive Directoris granted those powers and duties necessary to fully implement a State Program that is equivalent to the Federal RCRA Subtitle C program. Those responsibilities have not changed significantly since the previous Addendum to the Program Description for Clusters XVI and 

### XVII. The Executive Director has the authority to establish those divisions and such otherprograms and offices as are necessary to implement and administer the programs and functions within thejurisdiction ofthe DEQ. Accordingly, pursuant to 27A 

## a.s. § 2-7-104, the Executive Directorhas created the LPD to be responsible for implementing the State Program. The LPD is staffed with personnel that have the technical background and expertise to effectivelyimplementtheprovisions ofCluster XVIII. Manyofthepersonnel currentlyemployed inthe State Programhave severalyears ofexperience with RCRA Subtitle C. Both experienced and new personnel participate in a variety oftraining programs to increase their expertise and skills. A training curriculum designed specifically for new employees within the State Program has been in use for several years. LPD personnel who implementthe StatePrograminclude EnviromnentalProgram Specialists of the HWCS and engineers andhydrologists in the HWPS. Personnel oftheHWCS areresponsiblefor inspection ofRCRA facilities and development ofenforcement actions, while personnel ofthe HWPS are involved in RCRA permitting, corrective action, and TSDF management activities throughout the state. The HWCS and HWPS are directly managed by an Enviromnental Programs Manager and Engineering Manager, respectively, both ofwhom have many years ofexperience in the RCRA universe. During SFY 2007, LPD realigned its organizational structure to bringboth its hazardous waste and radiation management programs under one manager. With respectto assignmentofpersonnel necessaryto implementClusterXVIII, manyfactors will be taken into consideration, such as: (1) otherProgramPlan commitments; (2) other State Program commitments; (3) the nature of the work being performed; and (4) the specific skills of the personnel. No additional personnel will be required to implement the provisions ofCluster XVIII. The state matching funds arerequiredto be spent withinthe hazardous wasteprogram. There areno restrictions orlimitations that wouldprohibitthese funds from being spent onRCRArequirements.

### C. State Procedures [§ 271.6(c)] The Oklahoma Unifonn Environmental Pennitting Act is designed to provide unifonn procedures forpennits and other authorizations issuedbythe DEQ. AppendixN contains theDEQ's Rules ofPractice and Procedure (OAC 252:4) that specifythepractices andprocedures ofthe EQB, the HWMAC, and the DEQ, and includes those rules necessary to implement the Oklahoma Environmental Pennitting Act. The most recent amendments to OAC 252:4 became effective July I, 2009. Nothing in OAC 252:4 in anywayrestricts the LPD from fulfilling itsresponsibilities underthe OHWMA, theMOA,
or the PPA entered into by the DEQ and EPA. Appeal procedures for RCRA hazardous waste pennits issued by the DEQ are specified in 40 CFR 124.19 (a) through (c) and (e), which the DEQ incorporates by reference. The DEQ and EPA have agreed to ajoint pennittingprocess (see section V.D ofthe MOA) for thejoint processing and enforcement ofpennits for those provisions ofHSWA promulgated after June 30, 1996; however, as the DEQ receives authorization for provisions ofHSWA promulgated afterJune 30, 1996, EPA will suspend issuance ofFederal pennits in the State for those provisions. The division of responsibility between the State and EPA for administration ofrespective provisions ofRCRA is described in detail in the MOA. While EPA may comment on any pennit application or draft pennit, EPA's overview function will focus primarily on those facilities identified in the PPA and on facilities for which the DEQ requests EPA's assistance. 

### D. Forms Used to Implement the State Program [§ 

### 271.6(d)] The primary fonns utilized by the LPD to implement the State Program include the following:

• RCRA Site Identification Fonn (EPA Fonn 8700-12);• RCRA Hazardous Waste PartA PermitApplicationand SiteIdentification (EPAForm 8700- 23);

• Hazardous Waste Permit Application Review Checklist, revised February 2001; and

• Hazardous Waste Inspection Forms dated March 2002 and July 2006. These, as well as additional forms used by the LPD to implement the State Program may be found on DEQ's webpage athttp://www.deg.state.ok.us/lpdnew/forms/indexhazforms.html. DEQ requires the use ofthe Uniform Hazardous Waste Manifest (EPA Form 8700-22, 8700-22A) in accordance with 40 CFR 262.21. 

### E. Compliance Tracking and Enforcement [§ 271.6(e)] 

### 1. Compliance Tracking The HWCS continues to achieve and maintain a high rate ofcompliance within the regulated universe by adhering to a comprehensive inspection program and taking timely and effective enforcement actions against violators. The PPA specifies the annual goals for inspections to be performed by the DEQ within the various categories ofhazardous waste handlers. The DEQ identifies violations ofRCRAhazardous wasterequirements bythreeprimarymeans: inspections, periodic record reviews (e.g. manifests, RCRA permits, and state disposal plans), and complaints (as verified by subsequent investigation or inspection). The DEQ utilizes numerous inspection forms and checklists to identify violations found during inspections ofhazardous waste facilities.

### 2. Enforcement The DEQ works diligentlyto adhere to the time frames for enforcement actions specified in the ERP and the multi-year EPAlDEQ Enforcement MOD. In those circumstances in which DEQ determines it cannot meet a specified time frame, it makes every effort to notify the EPA ofthe
reason for the delay in advance ofthe deadline, as specified in the ERP and MOD, and identifies an alternate time frame. HWCS staffuse EPA's December 1987 Violation Classification Guidance document to assist with determining the seriousness ofviolations found, as well as the ERP to designate violators as SNCs or SVs. Penalties are calculated based on DEQ's Hazardous Waste Penalty Guidance dated October 2005. Each inspection, whether or not a violation is identified, is recorded by entry into EPA's RCRAInfo system. Violations are documented by the issuance ofan NTC for SVs, and an NOV followed by an ACO or CO for SNCs. When an NTC, NOV, ACO, or CO is issued, compliance is tracked to resolution via RCRAInfo and a computerized docket system ofthe DEQ's Office of General Counsel. Compliance is verified by requiring the violator to submit appropriate documentation to demonstrate compliance, by a follow-up inspection, or a combination ofthese. Both the OEQC at 27A O.S. § 2-3-504 and the OHWMA at 27A O.S. § 2-7-129 authorize the DEQ to bring actions in district court for injunctive relief and civil penalties. Fines ofup to $25,000.00 per day per violation are authorized in administrative, civil and criminal actions (27A O.S. §§ 2-7-126 and 2-7-130). The DEQ is also authorized to refer violations to state district attorneys for civil or criminal proceeding (27A O.S. § 2-7-131). Themost serious violations, ifcommittedknowinglyand willfully,may be prosecuted as felonies under Oklahoma's Environmental Crimes Act (21 O.S § 1230.1 et seq) , whichprovides for prisonterms ofup to ten years and fines up to $100,000.00. To investigate potential criminal activities, the DEQ has an ECIT, chairedbythe General Counsel oftheDEQ. The ECIT includes one or more assigned attorneys, one or more assigned Environmental Program Specialists, the HWCS Manager, and compliance and enforcement managers from other DEQ Divisions.

F. State Manifest Tracking System [§ 271.6(1)) As noted inPartLD. ofthis Addendum, DEQ requires the use ofthe Uniform Hazardous Waste Manifest. In accordance with the PPA, copies of all manifests for international shipments are provided to EPA. G. Estimated Regulated Activities [§§ 271.6 (g) and (h») Based on the information in RCRAInfo as ofJune 2, 2009, Oklahoma's hazardous waste generator and transporter universe is comprised ofthe following:

• 135 large quantity generators,

• 568 small quantity generators;

• 2016 conditionally exempt generators; and

• III transporters. Appendix Q contains a listing from RCRAInfo ofOklahoma's full-enforcementTSDP universe
as ofJune 3, 2009. Based on the 2007 Biennial Report data athttp://www.epa.gov/epawaste/inforesources/datalbiennialreport/index.htm. the most recently compiled data; the following quantities ofhazardous waste were managed in Oklahoma:

• 134,426 tons ofhazardous waste were generated;

• 160,866 tons ofhazardous waste were managed;

• 42,266 tons ofhazardous waste were shipped to off-site TSDFs;

• 69,232 tons were received by Oklahoma TSDFs;

• 29,756 tons ofhazardous waste were shipped to an out-of-state TSDF; and

• 59,492 tons ofhazardous waste were received by Oklahoma TSDFs from out-of-state.