ADDENDUM TO PROGRAM DESCRIPTION

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

HAZARDOUS WASTE MANAGEMENT PROGRAM

RCRA CLUSTER XVIII

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, through the DEQ, 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 the base RCRA program in January 1985. Since then,

DEQ has received final authorization for non-HSWA Clusters 1through VI, HSWA Clusters 1and 11,

and RCRA Clusters I through XVII. No major changes have taken place 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 administer the 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: Oklahoma Environmental QualityAct(27AO.S. § 1-1-101, etseq., as amended

through July 1, 2009);

• Appendix D: Portions of the 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: Oklahoma Hazardous Waste Management Act (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 Meeting Act (25 O.S. § 301, etseq., as amended through July

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, et seq., as amended through

July I, 2009).
The OHWMA provides the DEQ with the authority to administer the State Program, including

the statutory and regulatory provisions necessary to administer the provisions ofCluster XVIII and

designates the DEQ as the State agency to cooperate and share information with the EPA for purpose

ofhazardous waste regulation.

TheOEQC, at 27A O.S. §2-2-101, establishes an EQB to be the rulemaking body for 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 by the 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 behalf ofthe DEQ.

EQB and HWMAC meetings are public forums conducted in accordance with the Oklahoma

Open Meeting Act.

Permanent rules to implement the State Program are promulgated by the EQB with the advice of

the HWMAC; however, emergency rules maybe promulgated by the EQB without HWMAC input.

The HWMAC may not recommend rules to the EQB unless all applicable requirements ofthe

Oklahoma Administrative 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 certain aspects ofthe

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 DEQ and the OCC developed a DEQ/OCC

Jurisdictional Guidance Document to identifY respective areas ofjurisdiction. Appendix K contains

the current DEQ/OCC Jurisdictional 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 Management regulations found at Title 252, Chapter

205 ofthe Oklahoma Administrative Code ("OAC 252:205"), effective July I, 2009. The Federal

RCRA Subtitle C program found in Title 40 of the Code of Federal Regulations ("40 CFR") is

implemented in Oklahoma through OAC 252:205. In accordance with the Guidelines for State

Adoption ofFederal Regulations by Reference, OAC 252:205-3-1 through 252:205-3-6 set forth in

Appendix L, incorporate by reference the following provisions of40 CFR as amended through July

1,2009:

• the provisions ofPart 124 of 40 CFR ("40 CFR 124") that are required by 40 CFR 271.14

[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 of 270.1 (c)(2)(ix) and 270. 14(b)(1 8)];

• 40 CFR Part 273; and

• 40 CFR Part 279.
Pursuant to 27A O.S. § 2-2-104, the DEQ's incorporation ofFederal regulations does not operate

to incorporate prospective future changes to the incorporated sections of 40 CFR.

No other Oklahoma laws or regulations reduce the scope of coverage or otherwise affect the

requirements ofthese incorporated-by-reference provisions. Language was 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 Subchapter 25 ofOAC 252:205 ensure the State

Program is equivalent to, and no less stringent than, the Federal RCRA Subtitle C program in 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 projected budgets 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 Director is 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 other programs

and offices as are necessary to implement and administer the programs and functions within the
jurisdiction ofthe DEQ. Accordingly, pursuant to 27A a.s. § 2-7-104, the Executive Director has

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 effectively implement the provisions

ofCluster XVIII.

Many ofthe personnel currently employed in the State Program have several years ofexperience

with RCRA Subtitle C. Both experienced and new personnel participate in a variety of training

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 implement the State Program include Enviromnental Program Specialists of

the HWCS and engineers and hydrologists in the HWPS. Personnel ofthe HWCS are responsible for

inspection of RCRA facilities and development of enforcement actions, while personnel of the

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 of experience in

the RCRA universe. During SFY 2007, LPD realigned its organizational structure to bring both its

hazardous waste and radiation management programs under one manager.

With respect to assignment ofpersonnel necessary to implementClusterXVIII, many factors will

be taken into consideration, such as: (1) other Program Plan 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 are required to be spent within the hazardous waste program. There are no

restrictions or limitations that would prohibit these funds from being spent on RCRA requirements.
C. State Procedures [§ 271.6(c)]

The Oklahoma Unifonn Environmental Pennitting Act is designed to provide unifonn

procedures for pennits and other authorizations issued by the DEQ. Appendix N containsthe DEQ's

Rules ofPractice and Procedure (OAC 252:4) that specify the practices and procedures 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 any way restricts the LPD from fulfilling itsresponsibilities underthe OHWMA, the MOA,

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

the joint 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 of respective

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 Part A Permit Application and Site Identification (EPA Form 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 at http://www.deg.state.ok.us/lpdnew/forms/indexhazforms.html. DEQ

requires the use of the 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 of compliance 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 ofRCRA hazardous waste requirements by three primarymeans:

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 diligently to 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 staff use EPA's December 1987 Violation Classification Guidance document to assist

with determining the seriousness of violations 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 of an 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 of the 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 of up 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, ifcommitted knowingly and willfully,
may be prosecuted as felonies under Oklahoma's Environmental Crimes Act (21 O.S § 1230.1 et

seq) , which provides for prison terms ofup to ten years and fines up to $100,000.00. To investigate

potential criminal activities, the DEQ has an ECIT, chaired by the General Counsel ofthe DEQ. 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 in Part LD. 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 of June 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'sfull-enforcement TSDP universe

as ofJune 3, 2009.

Based on the 2007 Biennial Report data at
http://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 of hazardous waste were shipped to an out-of-state TSDF; and

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