[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Rules and Regulations]
[Pages 23673-23678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11385]


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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.

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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

[[Page 23674]]

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

[[Page 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 
Sec. 272.1851(b)(1) and the Memorandum of Agreement, the Attorney 
General's Statement and the Program Description are referenced at 
Sec. 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

[[Page 23676]]

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 Sec. 272.1851 to read as 
follows:


Sec. 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

[[Page 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 Register      Publication
       Federal requirement                 Reference             date   
------------------------------------------------------------------------
Delisting........................  50 FR 28702: Amendments      07/15/85
                                    to 260.22(a) through                
                                    260.22(e)..                         
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;          56 FR 5910..............     02/13/91
 Chlorofluorocarbon Refrigerants.                                       
Administrative Stay for K069       56 FR 19951.............     05/01/91
 Listing.                                                               
Amendments to Interim Status       56 FR 66365.............     12/23/91
 Standards for Downgradient                                             
 Ground-water Monitoring Well                                           
 Locations.                                                             
Administrative Stay for the        57 FR 5859..............     02/18/92
 Requirement that Existing Drip                                         
 Pads Be Impermeable.                                                   
------------------------------------------------------------------------

    (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))

[[Page 23678]]

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