Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23673

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action being promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

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. Section 804,

however, exempts from section 801 the

following types of rules: rules of

particular applicability; rules relating to

agency management or personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report

regarding today’s action under section

801 because this is a rule of particular

applicability, applying only to

Pennsylvania Power—New Castle plant,

located in Lawrence County.

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action pertaining to the disapproval

of PADEP’s NOX RACT proposal for

Pennsylvania Power New Castle must be

filed in the United States Court of

Appeals for the appropriate circuit by

June 29, 1998. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may be challenged

later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

Dated: April 8, 1998.

W. Michael McCabe,

Regional Administrator, Region III.

Chapter I, title 40, of the Code of

Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

2. Section 52.2023 is amended by

adding paragraph (e) to read as follows:

§ 52.2023 Approval status.

* * * * *

(e) Disapproval of the April 19, 1995

NOX RACT proposal for Pennsylvania

Power Company—New Castle plant

located in Lawrence County,

Pennsylvania.

* * * * *

[FR Doc. 98–11507 Filed 4–29–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

[FRL–6003–4]

Oklahoma: Final Authorization and

Incorporation by Reference of State

Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Oklahoma has revised its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). With respect to today’s

document, Oklahoma has made

conforming changes to make its

regulations internally consistent relative

to the revisions made for the above

listed authorizations. Oklahoma has also

changed its regulations to make them

more consistent with the Federal

requirements. The EPA has reviewed

Oklahoma’s changes to its program and

has made a decision, subject to public

review and comment, that Oklahoma’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Unless

adverse written comments are received

during the review and comment period

on the parallel proposed rule also in

today’s Federal Register (FR) notice,

EPA’s decision to approve Oklahoma’s

hazardous waste program revisions will

take effect as provided below.

Oklahoma’s program revisions are

available for public review and

comment.

The EPA uses part 272 of Title 40

Code of Federal Regulations (CFR) to

provide notice of the authorization

status of State programs, and to

incorporate by reference those

provisions of the State statutes and

regulations that are part of the

authorized State program. Thus, EPA

intends to revise and incorporate by

reference the Oklahoma authorized

State program in 40 CFR part 272. The

purpose of this action is to incorporate

by reference into CFR currently

authorized State hazardous waste

program in Oklahoma. This document

incorporates by reference provisions of

State hazardous waste statutes and

regulations and clarifies which of these

provisions are included in the

authorized and Federally enforceable

program.

DATES: Final authorization for

Oklahoma’s program revisions shall be

effective July 14, 1998 without further

notice unless EPA, receives relevant

adverse comment on the parallel notice

of proposed rulemaking. Should the

agency receive such comments, it will

publish a notice informing the public

that this rule did not take effect. All

comments on Oklahoma’s program

revisions must be received by close of

business June 1, 1998. The

incorporation by reference of certain

Oklahoma statutes and regulations was

approved by the Director of the Federal

Register as of July 14, 1998 in

accordance with 5 U.S.C. 552(a) and 1

CFR part 51.

ADDRESSES: Copies of Oklahoma’s

program revisions and materials EPA

used in evaluating the revisions are

available for copying from 8:30 a.m. to

4:00 p.m. Monday through Friday at the

following addresses: State of Oklahoma

Department of Environmental Quality,

1000 Northeast Tenth Street, Oklahoma

City, Oklahoma 73117–1212, Phone

number: (405) 271–5338; or EPA Region

6 Library, 12th Floor, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

Phone number: (214) 665–6444. Written

comments referring to Docket Number

OK98–1 should be sent to 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, Phone number: (214) 665–8533.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson, Region 6 Authorization
23674 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

Coordinator, Grants and Authorization

Section (6PD–G), Multimedia Planning

and Permitting Division, EPA Region 6,

1445 Ross Avenue, Dallas, Texas 75202–

2733, Phone number: (214) 665–8533.

SUPPLEMENTARY INFORMATION:

I. Authorization of State Initiated

Changes

A. Background

States with final authorization under

section 3006(b) of the RCRA, 42 U.S.C.

6926(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Pub. L. 98–616, November 8, 1984,

hereinafter HSWA) allow States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive ‘‘interim authorization’’ for the

HSWA requirements under section

3006(g) of RCRA, 42 U.S.C. 6926(g), and

later apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 124,

260 through 266, 268, 270, 273, and 279.

B. Oklahoma

Oklahoma initially received final

authorization to implement its

hazardous waste program on December

27, 1984, effective January 10, 1985 (49

FR 50362). Oklahoma received final

authorization for revisions to its

program on April 17, 1990, effective

June 18, 1990 (55 FR 14280); on

September 26, 1990, effective November

27, 1990 (55 FR 39274); on April 2,

1991, effective June 3, 1991 (56 FR

13411); on September 20, 1991, effective

November 19, 1991 (56 FR 47675); on

September 29, 1993, effective November

29, 1993 (58 FR 50854); on October 7,

1994, effective December 21, 1994 (59

FR 51116); on January 11, 1995,

effective April 27, 1995 (60 FR 2699);

and on October 9, 1996 (61 FR 52884),

as corrected on March 14, 1997,

effective March 14, 1997 (62 FR 12100).

The EPA has reviewed these changes

and has made an immediate final

decision, in accordance with 40 CFR

271.21(b)(3), that Oklahoma’s hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA grants final authorization for the

additional program modifications to

Oklahoma’s hazardous waste program.

As explained in the Proposed Rule

section of today’s FR, the public may

submit written comments on EPA

approval actions until June 1, 1998.

Copies of Oklahoma’s program revisions

are available for inspection and copying

at the locations indicated in the

ADDRESSES section of this notice.

Approval of Oklahoma’s program

revision shall become effective in 75

days unless an adverse comment

pertaining to the State’s revision

discussed in this notice is received by

the end of the comment period on the

parallel proposed rule in today’s FR

notice. If an adverse comment is

received EPA will publish either: (1) A

withdrawal of the immediate final

decision or, (2) a notice containing a

response to comments which either

affirms that the immediate final

decision takes effect or reverses the

decision.

The EPA is authorizing changes to the

following State provisions. These

provisions do not have a direct analog

in the Federal RCRA regulations.

However, none of these provisions are

considered broader in scope than the

Federal program. This is so because

these provisions were either previously

authorized as part of Oklahoma’s base

authorization or have been added to

make the State’s regulations internally

consistent with changes made for the

other authorizations listed in the first

paragraph of this section. The EPA has

reviewed these provisions and has

determined that they are consistent with

and no less stringent than the Federal

requirements. Additionally, this

authorization does not affect the status

of State permits and those permits

issued by EPA because no new

substantive requirements are a part of

these revisions. The Oklahoma

provisions are from The Oklahoma

Administrative Code, Title 252, Chapter

200, 1996 Edition, unless otherwise

stated.

State Requirement

252:200–1–1(b)

252:200–3–2(2) through 252:200–3–2(4),

as amended May 15, 1997, effective

June 2, 1997

252:200–3–2(6)&(7), as amended May,

15, 1997, effective June 2, 1997

252:200–3–2(9)&(10), as amended May

15, 1997, effective June 2, 1997

252:200–3–2(12), as amended May 15,

1997, effective June 2, 1997

252:200–3–4, as amended May 15, 1997,

effective June 2, 1997

252:200–5–1 introductory paragraph, as

amended May 15, 1997, effective June

2, 1997

252:200–5–1(3), as amended May 15,

1997, effective June 2, 1997

252:200–5–3

252:200–5–4, as amended May 15, 1997,

effective June 2, 1997

252:200–5–6, as amended May 15, 1997,

effective June 2, 1997

252:200–7–1

252:200–7–3

252:200–8–1 through 252:200–8–8

(except 252:200–8–5)

252:200–8–5, as amended May 15, 1997,

effective June 2, 1997

252:200–9–2, as amended May 15, 1997,

effective June 2, 1997

252:200–9–4(b)

252:200–9–8

252:200–11–1 (except the phrases ‘‘or

off-site recycling’’ and ‘‘(TSDRs)’’)

252:200–11–2

252:200–11–3(a) (except the word

‘‘recycling’’)

252:200–11–4(a)(1) (except the phrases

‘‘Except as otherwise provided in this

Section’’ and ‘‘or recycling’’)

252:200–11–4(a)(5) (except the phrase

‘‘For the purposes of this section’’)

252:200–11–4(b) through 252:200–11–

4(e)

252:200–13–2 introductory paragraph

Oklahoma has made corresponding

statutory changes which need to be

authorized at this time. The Oklahoma

provisions are from the Oklahoma

Hazardous Waste Management Act, as

amended, 27A Oklahoma Statute (O.S.)

1997 Edition, effective August 30, 1996.

State Requirement

2–7–110(A)

2–7–111(D)(2)&(3)

2–7–113.1(A) through 2–7–113.1(C)

2–7–115

2–7–116(A)

2–7–118(A)

Oklahoma is not authorized to operate

the Federal program on Indian lands.

This authority remains with EPA.

C. Decision

I conclude that Oklahoma’s program

revisions meet all of the statutory and

regulatory requirements established by

RCRA. Accordingly, Oklahoma is

granted final authorization to operate its

hazardous waste program as revised.

Oklahoma now has responsibility for

permitting treatment, storage, and

disposal facilities within its borders and

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. Oklahoma

also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23675

section 3007 of RCRA and to take

enforcement actions under sections

3008, 3013 and 7003 of RCRA.

II. Incorporation by Reference

A. Background

Effective December 13, 1993 (58 FR

52679), EPA incorporated by reference

Oklahoma’s then authorized hazardous

waste program. Effective November 29,

1993 (58 FR 50854); December 21, 1994

(59 FR 51116); April 27, 1995 (60 FR

2699); and March 14, 1997 (62 FR

12100), EPA granted authorization to

Oklahoma for additional program

revisions.

The EPA provides notice of its

approval of State programs in 40 CFR

part 272 and incorporates by reference

therein the State statutes and

regulations that are part of the

authorized State program under RCRA.

This effort will provide clearer notice to

the public of the scope of the authorized

program in Oklahoma. Such notice is

particularly important in light of

HSWA, PL 98-616. Revisions to State

hazardous waste programs are necessary

when Federal statutory or regulatory

authority is modified. Because HSWA

extensively amended RCRA, State

programs must be modified to reflect

those amendments. By incorporating by

reference the authorized Oklahoma

program and by amending the CFR

whenever a new or different set of

requirements is authorized in

Oklahoma, the status of Federally

approved requirements of the Oklahoma

program will be readily discernible.

The Agency will only enforce those

provisions of the Oklahoma hazardous

waste management program for which

authorization approval has been granted

by EPA.

B. Oklahoma Authorized Hazardous

Waste Program

The EPA is revising the incorporation

by reference the Oklahoma authorized

hazardous waste program in subpart LL

of 40 CFR part 272. The State statutes

and regulations are incorporated by

reference at § 272.1851(b)(1) and the

Memorandum of Agreement, the

Attorney General’s Statement and the

Program Description are referenced at

§ 272.1851(b)(5), (b)(6) and (b)(7),

respectively.

The Agency retains the authority

under sections 3007, 3008, 3013 and

7003 of RCRA to undertake enforcement

actions in authorized States. With

respect to such an enforcement action,

the Agency will rely on Federal

sanctions, Federal inspection

authorities, and the Federal

Administrative Procedure Act rather

than the authorized State analogues to

these requirements. Therefore, the

Agency does not intend to incorporate

by reference for purposes of

enforcement such particular, authorized

Oklahoma enforcement authorities.

Section 272.1851(b)(2) lists those

Oklahoma authorities that are part of the

authorized program but are not

incorporated by reference.

The public also needs to be aware that

some provisions of the State’s hazardous

waste management program are not part

of the Federally authorized State

program. These nonauthorized

provisions include:

(1) Provisions that are not part of the

RCRA subtitle C program because they

are ‘‘broader in scope’’ than RCRA

subtitle C (40 CFR 271.1(i)), and

(2) Federal rules for which Oklahoma

is not authorized, but which have been

incorporated into the State regulations

because of the way the State adopted

Federal regulations by reference.

State provisions which are ‘‘broader

in scope’’ than the Federal program are

not incorporated by reference in 40 CFR

part 272. Section 272.1851(b)(3) of 40

CFR lists for reference and clarity the

Oklahoma statutory and regulatory

provisions which are ‘‘broader in scope’’

than the Federal program and which are

not, therefore, part of the authorized

program being incorporated by

reference. ‘‘Broader in scope’’

provisions will not be enforced by EPA;

the State, however, will continue to

enforce such provisions.

Oklahoma has adopted but is not

authorized for the following Federal

rules regarding delisting wastes

published on July 15, 1985 (50 FR

28702); and the Federal rules published

in the Federal Register on October 5,

1990 (55 FR 40834); February 1, 1991

(56 FR 3978); February 13, 1991 (56 FR

5910); April 2, 1991 (56 FR 13406); May

1, 1991 (56 FR 19951); December 23,

1991 (56 FR 66365); and February 18,

1992 (57 FR 5859). Therefore, these

Federal amendments included in

Oklahoma’s adoption by reference at

252:200–3–2(2) through 252:200–3–

2(10) of the Oklahoma Administrative

Code, are not part of the State’s

authorized program and are not part of

the incorporation by reference

addressed by today’s Federal Register

document.

Since EPA cannot enforce a State’s

requirements which have not been

reviewed and approved according to the

Agency’s authorization standards, it is

important that EPA clarify any

limitations on the scope of a State’s

approved hazardous waste program.

Thus, in those instances where a State’s

method of adopting Federal law by

reference has the effect of including

unauthorized requirements, EPA will

provide this clarification by: (1)

Incorporating by reference the relevant

State legal authorities according to the

requirements of the Office of Federal

Register; and (2) subsequently

identifying in 272.1851(b)(4) any

requirements which while adopted and

incorporated by reference, are not

authorized by EPA, and therefore are

not federally enforceable. Thus,

notwithstanding the language in the

Oklahoma hazardous waste regulations

incorporated by reference at

272.1851(b)(1), EPA would only enforce

the State provisions that are actually

authorized by EPA. With respect to

HSWA requirements for which the State

has not yet been authorized, EPA will

continue to enforce the Federal HSWA

standards until the State receives

specific HSWA authorization from EPA.

C. HSWA Provisions

As noted above, the Agency is not

amending 40 CFR part 272 to include

HSWA requirements and prohibitions

that are immediately effective in

Oklahoma and other States. Section

3006(g) of RCRA provides that any

requirement or prohibition of HSWA

(including implementing regulations)

takes effect in authorized States at the

same time that it takes effect in

nonauthorized States. Thus, EPA has

immediate authority to implement a

HSWA requirement or prohibition once

it is effective.

A HSWA requirement or prohibition

supercedes any less stringent or

inconsistent State provision which may

have been previously authorized by EPA

(50 FR 28702, July 15, 1985).

Because of the vast number of HSWA

statutory and regulatory requirements

taking effect over the next few years,

EPA expects that many previously

authorized and incorporated by

reference State provisions will be

affected. The States are required to

revise their programs to adopt the

HSWA requirements and prohibitions

by the deadlines set forth in 40 CFR

271.21, and then to seek authorization

for those revisions pursuant to 40 CFR

part 271. The EPA expects that the

States will be modifying their programs

substantially and repeatedly. Instead of

amending the 40 CFR part 272 every

time a new HSWA provision takes effect

under the authority of RCRA section

3006(g), EPA will wait until the State

receives authorization for its analog to

the new HSWA provision before

amending the State’s 40 CFR part 272

incorporation by reference. In the

interim, persons wanting to know

whether a HSWA requirement or
23676 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

prohibition is in effect should refer to 40

CFR 271.1(j), as amended, which lists

each such provision.

The incorporation by reference of

State authorized programs in the CFR

should substantially enhance the

public’s ability to discern the current

status of the authorized State program

and clarify the extent of Federal

enforcement authority. This will be

particularly true as more State program

revisions to adopt HSWA provisions are

authorized.

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

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under sections 202 and

205 of the UMRA, EPA generally must

prepare a written statement of economic

and regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, 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.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because it merely makes federally

enforceable existing requirements with

which regulated entities must already

comply under State law. Second, the

Act also generally excludes from the

definition of a ‘‘Federal mandate’’ duties

that arise from participation in a

voluntary Federal program. The

requirements being authorized and

codified today are the result of

Oklahoma’s voluntary participation in

accordance with RCRA subtitle C.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector because today’s action

grants authorization as well as

incorporating by reference an existing

State program that EPA previously

authorized. Thus, today’s rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, section 203 of UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may be hazardous waste

generators, transporters, or own and/or

operate treatment, storage, and disposal

facilities, this codification incorporates

into the CFR Oklahoma’s requirements

which have already been authorized by

EPA under 40 CFR part 271 and, thus,

small governments are not subject to

any additional significant or unique

requirements by virtue of this

authorization and codification.

Certification Under the Regulatory

Flexibility Act

The EPA has determined that this

authorization and codification will not

have a significant economic impact on

a substantial number of small entities.

Such small entities which are hazardous

waste generators, transporters, or which

own and/or operate treatment, storage,

or disposal facilities are already subject

to the State requirements authorized by

EPA under 40 CFR part 271. The EPA’s

authorization and codification does not

impose any additional burdens on these

small entities. This is because EPA’s

codification would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 U.S.C. 605(b), I hereby certify that

this codification will not have a

significant economic impact on a

substantial number of small entities.

This codification incorporates

Oklahoma’s requirements which have

been authorized by EPA under 40 CFR

part 271 into the CFR. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

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’’ as defined by 5

U.S.C. 804(2).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

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.

List of Subjects in 40 CFR Part 272

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Incorporation by

reference, 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).

Lynda F. Carroll,

Acting Regional Administrator, Region 6.

For the reasons set forth in the

preamble, 40 CFR part 272 is amended

as follows:

PART 272—APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS AS AMENDED AS

FOLLOWS

1. The authority citation for part 272

continues to read as follows:

Authority: Sections 2002(a), 3006, and

7004(b) of the Solid Waste Disposal Act, as

amended by the Resource Conservation and

Recovery Act of 1976, as amended, 42 U.S.C.

6912(a), 6926, and 6974(b).

2. Subpart LL is amended by revising

§ 272.1851 to read as follows:

§ 272.1851 Oklahoma State-Administered

Program: Final Authorization.

(a) Pursuant to section 3006(b) of

RCRA, 42 U.S.C. 6926(b), the EPA

granted Oklahoma final authorization
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23677

for Base program effective January 10,

1985. Subsequent program revision

applications were approved effective on

June 18, 1990, November 27, 1990, June

3, 1991, November 19, 1991, November

29, 1993, December 21, 1994, April 27,

1995, March 14, 1997 and July 14, 1998.

(b) State Statutes and Regulations. (1)

The Oklahoma statutes and regulations

cited in this paragraph are incorporated

by reference as part of the hazardous

waste management program under

subtitle C of RCRA, 42 U.S.C. 6921 et

seq.

(i) The EPA Approved Oklahoma

Statutory Requirements Applicable to

the Hazardous Waste Management

Program, August 1997.

(ii) The EPA Approved Oklahoma

Regulatory Requirements Applicable to

the Hazardous Waste Management

Program, August 1997.

(2) The following statutes and

regulations concerning State procedures

and enforcement, although not

incorporated by reference, are part of

the authorized State program:

(i) Oklahoma Hazardous Waste

Management Act, as amended, 27A

Oklahoma Statute (O.S.) 1997 Edition,

effective August 30, 1996, Sections 2–2–

104, 2–7–102, 2–7–104, 2–7–105 (except

2–7–105(27), 2–7–105(29) and 2–7–

105(34)), 2–7–106, 2–7–107, 2–7–

108(B)(2), 2–7–110(A), 2–7–113.1, 2–7–

115, 2–7–116(A), 2–7–116(G), 2–7–

116(H)(1), 2–7–123, 2–7–126, 2–7–129,

2–7–130, 2–7–131 and 2–7–133.

(ii) The Oklahoma Administrative

Code (OAC), Title 252, Chapter 200,

1996 Edition, effective July 1, 1996:

Subchapter 1, Section 252:200–1–1(b);

Subchapter 11, Section 252:200–11–2;

and Subchapter 13, Sections 252:200–

13–1 and 252:200–13–3.

(iii) The May 15, 1997 issue of the

Oklahoma Register (14 Ok Reg 1609 and

1611), effective June 2, 1997:

Subchapter 3, Section 252:200–3–2(1).

(3) The following statutory and

regulatory provisions are broader in

scope than the Federal program, are not

part of the authorized program, and are

not incorporated by reference:

(i) Oklahoma Hazardous Waste

Management Act, as amended, 27A

Oklahoma Statute (O.S.) 1997 Edition,

effective August 30, 1996, Sections 2–7–

119 and 2–7–121.

(ii) The Oklahoma Administrative

Code (OAC), Title 252, Chapter 200,

1996 Edition, effective July 1, 1996:

Subchapter 8; Subchapter 13, Section

252:200–13–4; Subchapter 17; and

252:200 Appendices.

(4) Unauthorized State Provisions:

The State’s adoption of the Federal rules

listed below, while incorporated by

reference at paragraph (b)(1) of this

Section, is not approved by EPA and

are, therefore, not enforceable:

Federal requirement FEDERAL REGISTER Reference Publication

date

Delisting ........................................................................................ 50 FR 28702: Amendments to 260.22(a) through 260.22(e). ..... 07/15/85

Toxicity .......................................................................................... 55 FR 40834 ................................................................................. 10/05/90

Characteristics .............................................................................. 56 FR 3978 ................................................................................... 02/01/91

Hydrocarbon Recovery Operations .............................................. 56 FR 13406 ................................................................................. 04/02/91

Toxicity Characteristics; Chlorofluorocarbon Refrigerants ........... 56 FR 5910 ................................................................................... 02/13/91

Administrative Stay for K069 Listing ............................................ 56 FR 19951 ................................................................................. 05/01/91

Amendments to Interim Status Standards for Downgradient

Ground-water Monitoring Well Locations.

56 FR 66365 ................................................................................. 12/23/91

Administrative Stay for the Requirement that Existing Drip Pads

Be Impermeable.

57 FR 5859 ................................................................................... 02/18/92

(5) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region VI and the State of

Oklahoma signed by the EPA Regional

Administrator on September 20, 1996, is

referenced as part of the authorized

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

(6) Statement of Legal Authority.

‘‘Attorney General’s Statement for Final

Authorization,’’ signed by the Attorney

General of Oklahoma on January 20,

1984 and revisions, supplements and

addenda to that Statement dated January

14, 1988 (as amended July 20, 1989);

December 22, 1988 (as amended June 7,

1989 and August 13, 1990); November

20, 1989; November 16, 1990; November

6, 1992; June 24, 1994; December 8,

1994; and March 4, 1996, are referenced

as part of the authorized hazardous

waste management program under

subtitle C of RCRA, 42 U.S.C. 6921 et

seq.

(7) Program Description. The Program

Description and any other materials

submitted as part of the original

application or as supplements thereto

are referenced as part of the authorized

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

3. Appendix A to part 272, State

Requirements, is amended by revising

the listing for ‘‘Oklahoma’’ to read as

follows:

Appendix A to Part 272—State

Requirements

* * * * *

Oklahoma

The statutory provisions include:

Oklahoma Hazardous Waste Management

Act, as amended, 27A Oklahoma Statute

(O.S.) 1997 Edition, effective August 30,

1996, Sections 2–7–103, 2–7–108(A), 2–7–

108(B)(1), 2–7–108(B)(3), 2–7–108(C), 2–7–

110(B), 2–7–110(C), 2–7–111(A), 2–7–111(B)

(except the last sentence and the phrase ‘‘,

recycling’’ in the first sentence), 2–7–

111(C)(2)(a) (except the phrase ‘‘Except as

provided in subparagraph b of this

paragraph’’ and the word ‘‘recycling’’ in the

first sentence), 2–7–111(D), 2–7–111(E)

(except the word ‘‘recycling’’ in the first

sentence), 2–7–112, 2–7–116(B) through 2–7–

116(F), 2–7–116(H)(2), 2–7–118(A), 2–7–124,

2–7–125 and 2–7–127.

Copies of the Oklahoma statutes that are

incorporated by reference are available from

West Publishing Company, 610 Opperman

Drive, P. O. Box 64526, St. Paul, Minnesota

55164–0526.

The regulatory provisions include:

The Oklahoma Administrative Code

(OAC), Title 252, Chapter 200, effective July

1, 1996: Subchapter 1, Sections 252:200–1–

1(a) and 252:200–1–2; Subchapter 3, Sections

252:200–3–1, 252:200–3–5, 252:200–3–6;

Subchapter 5, Sections 252:200–5–3,

252:200–5–5; Subchapter 7, Sections

252:200–7–1 through 252:200–7–4;

Subchapter 9 (except 252:200–9–2, 252:200–

9–6 and 252:200–9–7); Subchapter 11,

Sections 252:200–11-1 (except the phrases

‘‘or off-site recycling’’ and ‘‘(TSDRs)’’),

252:200–11–3(a) (except the word

‘‘recycling’’), 252:200–11–3(b) through

252:200–11–3(d), 252:200–11–4(a)(1) (except

the phrases ‘‘Except as otherwise provided in

this Section’’ and ‘‘or recycling’’), 252:200–

11–4(a)(5) (except the phrase ‘‘For the

purposes of this section’’), 252:200–11–4(b)

through 252:200–11–4(e); and Subchapter 13,

Sections 252:200–13–2 introductory

paragraph, 252:200–13–2(1) and 252:200–13–

2(2) first sentence.

The May 15, 1997 issue of the Oklahoma

Register (14 Ok Reg 1609 and 1611), effective

June 2, 1997: Subchapter 3, Sections

252:200–3–2 (except 252:200–3–2(1)&(11))
23678 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

and 252:200–3–4; Subchapter 5, Sections

252:200–5–1, 252:200–5–4 and 252:200–5–6;

and Subchapter 9, Section 252:200–9–2.

Copies of the Oklahoma regulations that

are incorporated by reference can be obtained

from The Oklahoma Register, Office of

Administrative Rules, Secretary of State, 101

State Capitol, Oklahoma City, Oklahoma

73105.

* * * * *

[FR Doc. 98–11385 Filed 4–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50622D; FRL–5782–5]

RIN 2070–AB27

Substituted Phenol; Significant New

Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is issuing a significant

new use rule (SNUR) under section

5(a)(2) of the Toxic Substances Control

Act (TSCA) for the chemical substance

described as substituted phenol, which

is the subject of several premanufacture

notices (PMN) P–89–1125, P–91–87, P–

92–41, P–92–511, P–94–1527, and P–

94–1755. This rule would require

persons who intend to manufacture,

import, or process this substance for a

significant new use to notify EPA at

least 90 days before commencing any

manufacturing, importing, or processing

activities for a use designated by this

SNUR as a significant new use. The

required notice would provide EPA

with the opportunity to evaluate the

intended use and, if necessary, to

prohibit or limit that activity before it

can occur.

DATES: This rule is effective June 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, telephone: (202)

554–1404, TDD: (202) 554–0551; e-mail:

TSCA-Hotline@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Availability: Electronic

copies of this document are available

from the EPA Home Page at the Federal

Register-Environmental Documents

entry for this document under ‘‘Laws

and Regulations’’ (http://www.epa.gov/

fedrgstr/).

This SNUR would require persons to

notify EPA at least 90 days before

commencing the manufacture, import,

or processing of substituted phenol for

the significant new uses designated

herein. The required notice would

provide EPA with information with

which to evaluate an intended use and

associated activities.

I. Authority

Section 5(a)(2) of TSCA (15 U.S.C.

2604(a)(2)) authorizes EPA to determine

that a use of a chemical substance is a

‘‘significant new use.’’ EPA must make

this determination by rule after

considering all relevant factors,

including those listed in section 5(a)(2)

of TSCA. Once EPA determines that a

use of a chemical substance is a

significant new use, section 5(a)(1)(B) of

TSCA requires persons to submit a

notice to EPA at least 90 days before

they manufacture, import, or process the

chemical substance for that use. Section

26(c) of TSCA authorizes EPA to take

action under section 5(a)(2) of TSCA

with respect to a category of chemical

substances.

Persons subject to this SNUR would

comply with the same notice

requirements and EPA regulatory

procedures as submitters of

premanufacture notices under section

5(a)(1) of TSCA. In particular, these

requirements include the information

submission requirements of section 5(b)

and (d)(1), the exemptions authorized

by section 5(h)(1), (h)(2), (h)(3), and

(h)(5) and the regulations at 40 CFR part

720. Once EPA receives a SNUR notice,

EPA may take regulatory action under

section 5(e), 5(f), 6, or 7 to control the

activities for which it has received a

SNUR notice. If EPA does not take

action, section 5(g) of TSCA requires

EPA to explain in the Federal Register

its reasons for not taking action.

Persons who intend to export a

substance identified in a proposed or

final SNUR are subject to the export

notification provisions of TSCA section

12(b). The regulations that interpret

TSCA section 12(b) appear at 40 CFR

part 707.

II. Applicability of General Provisions

General regulatory provisions

applicable to SNURs are codified at 40

CFR part 721, subpart A. On July 27,

1988 (53 FR 28354) and July 27, 1989

(54 FR 31298), EPA promulgated

amendments to the general provisions

which apply to this SNUR. In the

Federal Register of August 17, 1988 (53

FR 31252), EPA promulgated a ‘‘User

Fee Rule’’ (40 CFR part 700) under the

authority of TSCA section 26(b).

Provisions requiring persons submitting

SNUR notices to submit certain fees to

EPA are discussed in detail in that

Federal Register document. Interested

persons should refer to these documents

for further information.

III. Background

EPA published a direct final SNUR for

the chemical substance, which was the

subject of PMNs P–89–1125, P–91–87,

P–92–41, P–92–511, P–94–1527, and P–

94–1755 in the Federal Register of

August 30, 1995 (60 FR 45072) (FRL–

4926–2). EPA received notice of intent

to submit adverse comments following

publication for this chemical substance.

Therefore, as required by § 721.160, the

final SNUR for P–89–1125 et al. was

withdrawn on June 26, 1997 (62 FR

34414) (FRL–5723–5) and a proposed

rule on the substance was issued on

June 26, 1997 (62 FR 34427) (FRL–

5723–6).

The background and reasons for the

SNUR are set forth in the preamble to

the proposed rule. EPA received

comments concerning the designated

significant new uses in the proposed

rule. The commenter proposed

alternative significant new uses that

would achieve the same result of

eliminating environmental releases to

surface waters. EPA’s response to the

comments is discussed in this document

and EPA is issuing a modified final rule.

The commenter stated that the

recordkeeping involved to ensure

compliance with the proposed SNUR

would hinder the commercial

development of the substance. The

commenter proposed several

alternatives. One was a SNUR limiting

use to an ingredient in a photoresist

formulation. The second was a SNUR

limiting use and production volume (a

10,000 kilogram (kg) per year

production volume limit was one

possibility). The third alternative was a

modified PMN choosing the binding box

option for use in part I, section

C(2)(a)(3) of the PMN form with the use

designated as ‘‘ingredient in photoresist

formulation.’’ The commenter also

stated that TSCA section 12(b) export

notification, especially for a formulated

product ingredient which will probably

remain confidential, is expected to

become a significant commercial barrier.

EPA rejected the binding box option

as the binding box on a PMN form is not

a legally enforceable requirement. While

the Agency prefers to issue performance

based regulations that directly address

the potential hazard to human health or

the environment such as the release to

surface water designations in the

proposed SNUR, EPA can and does

issue SNURs that indirectly limit