reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 7 - Additional Transporter Rules › Section 252:205-7-3 - Manifest, disposal plan required [1] [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at 18 Ok
				  Reg 644, eff 1-2-01 (emergency); Revoked at 18 Ok Reg 1495, eff
				  6-1-01
1This section was revoked in
				  2001 pursuant to Laws 2000, c. 130, § 3. This legislation, which became
				  effective on 4-24-00, assigned rulemaking authority to the Corporation
				  Commission for "administer[ing] a hazardous waste tranportation registration
				  and permitting program for motor carriers engaged in transporting hazardous
				  wastes . . . ." See also OAC 165:30.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 7 - Additional Transporter Rules › Section 252:205-7-4 - Mixing waste prohibited by transporters

Current through Vol. 41, No. 20, July 1, 2024
Transporters shall not mix or combine incompatible hazardous
				  waste within a common container. Transporters shall not mix or combine
				  hazardous waste from separate containers or transfer waste from one container
				  to another container except at an approved transfer station or in accordance
				  with
				  252:205-15-1(d).
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 17 Ok
				  Reg 1130, eff 6-1-00
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-1 - No endangerment or degradation

Current through Vol. 41, No. 20, July 1, 2024
(a) Hazardous waste sites and facilities
				shall be located, constructed, maintained, operated, and closed in a manner to
				prevent any endangerment of the public health and safety or degradation of the
				environment.
(b) Degradation of the
				environment shall be deemed to have occurred if the site or facility causes or
				may cause a discharge or release to the air, land, or water which statistically
				increases (or decreases, in the case of pH) the level of a parameter indicative
				of hazardous waste contamination over what may normally be expected to be found
				in the environment at that time.
(c) A statistical increase (or decrease)
				shall be determined by use of the tests specified in 40 CFR Parts 264 and
				265.
(d) Discharges in compliance
				with state or federal permits and rules shall not be deemed as
				degradation.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-2 - Monthly reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
Monthly
				reports required.
Owners/operators of hazardous waste treatment,
				storage, disposal, and recycling facilities shall submit reports monthly in a
				format prescribed by the DEQ, which may include electronic submissions,
				identifying hazardous waste which is managed at the facility.
(b)
Content.
The report shall be
				submitted within 30 days of the end of each month and shall include:
(1) The generator EPA ID number;
(2) All EPA waste numbers applicable to the
				waste;
(3) The appropriate EPA
				handling codes for storage, treatment, disposal or recycling methods applicable
				to the waste;
(4) For all waste
				generated on-site and managed in permitted or interim status units, the amount
				of waste generated; and
(5) For all
				waste generated off-site, the amount of waste received and the EPA ID number of
				all transporters who transported the waste; and
(6) Copies of all hazardous waste manifests
				for waste generated outside the United States received at the facility during
				the month.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-3 - Buffer zones

Current through Vol. 41, No. 20, July 1, 2024
(a) No treatment,
				storage or disposal in a land treatment unit shall occur within 50' of the site
				perimeter. No treatment, storage, or disposal in a surface impoundment, waste
				pile, or landfill unit shall occur within 200' of the site perimeter.
(b) Existing units which become newly
				regulated due to changes in the statutory or regulatory requirements are
				excluded from the buffer zone restrictions to the extent of the encroachment
				existing as of the effective date of the statutory or regulatory
				changes.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 17 Ok
				  Reg 1130, eff 6-1-00
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-4 - Provisions for on-site inspectors

Current through Vol. 41, No. 20, July 1, 2024
The DEQ may add or include provisions for a full-time
				  inspector in the permit conditions of commercial hazardous waste treatment,
				  storage or disposal or recycling facilities. Permittees subject to these
				  conditions shall provide on-site DEQ inspectors with reasonable office
				  facilities.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-5 - Additional closure requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				provisions of 40 CFR 264 or 265, Subparts G and H, shall apply to all areas
				where hazardous waste is handled, including all recycling units, staging and
				processing areas, and temporary hazardous waste storage areas.
(b) The closure cost estimate may not
				incorporate any value that may be realized by the sale of recycled
				products.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-6 - Additional waste analysis requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to receipt of a hazardous waste for
				storage, treatment, disposal or recycling, the owner/operator of a treatment,
				storage or disposal facility or off-site recycling facility must obtain
				detailed chemical and physical analyses of a representative sample of the
				waste. The analyses must contain all information necessary to appropriately
				treat, store, dispose, or recycle the waste.
(b) Prior to receipt of any industrial waste
				not identified as hazardous waste at a treatment, storage or disposal facility
				or off-site recycling facility, the owner/operator must obtain the following
				records and maintain them in the facility operating record:
(1) Information regarding the chemical and
				physical nature of the waste which reasonably, considering the source,
				establishes that the waste does not exhibit any characteristic of hazardous
				waste as described by 40 CFR 261, Subpart C. This information may include
				laboratory analyses, material safety data sheets, and analysis of raw
				materials, feedstocks, and process descriptions; and
(2) An affidavit by the original waste
				generator stating that the waste does not include any listed waste.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 9 - Additional Treatment, Storage, Disposal and Recycling Requirements › Section 252:205-9-7 - Acceptance of waste [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 17 Ok
				  Reg 1130, eff 6-1-00; Revoked at 23 Ok Reg 931, eff
				  6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 11 - Additional Permit Procedures › Section 252:205-11-1 - Emergency plans relating to affected property owners

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to the plans required by 40
				CFR 264 Subpart D (contingency plans and emergency procedures), applicants for
				new proposed off-site treatment, storage, recycling or disposal sites shall
				also prepare a separate Emergency Plan to minimize hazards to the health and
				property of affected property owners from emergency situations or from sudden
				or nonsudden releases of hazardous waste or its constituents. This Emergency
				Plan shall follow the criteria of 40 CFR 264 Subpart D but shall specifically
				relate to each parcel.
(b) For
				purposes of these rules, a parcel of land owned by one or more affected
				property owners is a present possessory fee simple estate in land, excluding
				future interests.
(1) All discrete parcels,
				regardless of size, as specified in the county land records on the day the
				permit application is submitted, shall be counted equally, regardless of the
				number of affected property owners who may own concurrent interests in such
				parcel.
(2) The owner who is
				occupying a parcel, if there is only one owner in occupancy, or a majority of
				the owners, or the executor, administrator or trustee on behalf of a parcel
				undergoing probate or otherwise, shall represent the approval or disapproval of
				the Emergency Plan on behalf of the parcel for purposes of the OHWMA.
(3) A calculation of approval or disapproval
				by a majority of the affected property owners shall be made by summing the
				numbers of parcels whose owners approve or disapprove the Emergency Plan. A
				majority is a simple majority of the parcels.
(4) Approval or disapproval of the Emergency
				Plan by an affected property owner does not signify approval or disapproval of
				the technical aspects of the facility, nor limit the right under the Act of any
				affected property owner to oppose the permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 11 - Additional Permit Procedures › Section 252:205-11-2 - Exclusionary siting criteria

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ground water resources and recharge areas.
(1)
Presumption of unapprovable
				site.
The DEQ shall presume that the proposed location is unapprovable
				if it lies wholly or partially within an area designated as an actual or
				potential unconsolidated alluvial aquifer or terrace deposit aquifer or bedrock
				aquifer or recharge area, as shown on the maps described as "Sheet 1 -
				Unconsolidated Alluvium and Terrace Deposits" and "Sheet 2 - Bedrock Aquifers
				and Recharge Areas" of the "Maps Showing Principal Ground Water Resources and
				Recharge Areas in Oklahoma," compiled by Kenneth S. Johnson, Oklahoma
				Geological Survey (1983), or any successor map(s) compiled by the Oklahoma
				Geological Survey.
(2)
Rebuttal of presumption.
The applicant may rebut the presumption
				by submitting site-specific hydrological and geological data and other
				information sufficient to demonstrate clearly and convincingly that the
				proposed location does not lie in a prohibited area.
(3)
DEQ reliance upon Oklahoma
				Geological Survey.
In making a determination whether a proposed location
				is within a prohibited area, the DEQ shall request and rely upon review and
				conclusions by the Oklahoma Geological Survey.
(4)
Site-Specific Information.
The Department may require site-specific hydrological and geological
				information for proposed facility locations outside a designated principal
				groundwater resource or recharge area where there is reason to believe that the
				proposed location may be unsuitable due to localized groundwater
				conditions.
(5)
Groundwater
				protection plan.
In determining whether a groundwater protection plan
				with financial assurance is required for an on-site facility pursuant to 27A
				O.S. § 2-7-111(B), the procedures used in subsections (1)-(4) of this
				section shall be used.
(6)
Existing facilities.
Existing facilities in these areas may
				continue to operate and may modify or expand their operations to the extent
				permitted by 27A O.S. § 2-7-111.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 11 - Additional Permit Procedures › Section 252:205-11-3 - Upgrades of county roads and bridges

Current through Vol. 41, No. 20, July 1, 2024
The owner/operator shall submit a certificate of acceptance
				  of the completed upgrades by the appropriate board(s) of county commissioners
				  or the Oklahoma Department of Transportation, as appropriate, pursuant to 27A
				  O.S. § 2-7-115(B)(2).
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 13 - Miscellaneous › Section 252:205-13-1 - Incidents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Release of hazardous waste.
Upon release of materials that are or become hazardous waste whether by
				spillage, leakage, or discharge to soils or to air or to surface or ground
				waters (outside the limits of a discharge permit), or by other means, and which
				could threaten human health or the environment, the owner or operator shall
				immediately notify the DEQ and take all necessary action to contain, remediate,
				and mitigate hazards from the release.
(b)
Contained releases.
The
				owner/operator is not required to notify the DEQ of a release if it is
				completely contained in a secondary containment area.
(c)
National Response Center.
When a report is required to be made to the National Response Center pursuant
				to
				40
				CFR 262.16(b),
				262.17(a)(6)
				(which references 262 Subpart M), or 264.56(d)(2) or 265.56(d)(2), a report
				must also be made immediately to the DEQ at 1-800-522-0206.
(d)
Determination of waste
				category.
Spilled or leaked materials and soils and other matter that
				may be contaminated with such materials shall be tested by the responsible
				person to determine whether they are hazardous waste, nonhazardous industrial
				waste or solid waste.
(e)
Proper disposal of waste from release.
Waste materials resulting
				from a release shall be properly disposed of in accordance with the applicable
				rules.
(f)
Recyclable
				materials.
Materials that are to be recycled shall be collected and
				properly stored to prevent further contamination of the environment.
(g)
Remediation plan.
The DEQ
				may require submission of a remediation plan that meets the closure
				requirements of
				40 CFR
				265.111 and
				265.114.
(h)
Costs.
The Executive
				Director may assess costs relating to expenses and damages incurred by the DEQ
				in responding to a release and overseeing its remediation. Costs shall be borne
				by the responsible person(s).
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 15 - Transfer Stations › Section 252:205-15-1 - Applicability and consideration of other laws

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
For the
				purposes of Subchapter 15, "Plan" means the Development and Operations Plan
				described in
				252:205-15-2,
				unless the context clearly indicates otherwise.
(b)
Types of waste handled.
The
				owner/operator of a Transfer Station, as defined by
				252:205-1-2, which
				handles hazardous waste or both hazardous and solid wastes must comply with
				this Subchapter.
(c)
Solid
				waste permits.
The owner/operator of a hazardous waste Transfer Station
				operating or proposing to operate under an approved Plan which includes
				compliance with
				252:205-15-2(c)
				is not subject to solid waste permitting rules.
(d)
RCRA permits.
The rules in
				this Subchapter do not supersede any obligations to obtain a hazardous waste
				permit.
(e)
Exempt
				activities.
The following are exempt from this Subchapter:
(1) Activities of hazardous waste generators
				to consolidate self-generated waste on-site prior to shipment;
(2) Activities regulated by hazardous waste
				permits which specifically address compliance with the plan requirements
				identified in
				252:205-15-2(b);
				and
(3) Activities immediately
				responding to a discharge of hazardous waste or material which becomes a
				hazardous waste when discharged or an imminent and substantial threat of a
				discharge of hazardous waste.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 15 - Transfer Stations › Section 252:205-15-2 - Development and Operations Plan

Current through Vol. 41, No. 20, July 1, 2024
(a)
Plan required.
No person may construct or operate a hazardous
				waste Transfer Station without a Plan approved by DEQ.
(1)
Duration of approvals.
Plan
				approvals shall expire ten (10) years from the date of approval, except that
				approved Plans existing on the effective date of these rules shall expire 18
				months after the effective date of these rules. Approved Plans existing on the
				effective date of these rules may be renewed in accordance with
				252:205-15-2(a)(2).
(2)
Plan
				renewals.
A renewal application must be submitted to DEQ no less than
				180 days prior to the expiration date of an existing Plan.
(A) The renewal application must contain all
				information identified in 252:205-15-2(b) through 15-2(d).
(B) The conditions of an expired Plan shall
				continue in force until the effective date of a new Plan if the owner/operator
				has submitted a timely and complete renewal application and DEQ, through no
				fault of the owner/operator, has not approved a new Plan with an effective date
				on or before the expiration of the previous Plan.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 15 - Transfer Stations › Section 252:205-15-3 - Other environmental requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner/operator of a Transfer Station
				remains subject to all relevant statutes and rules regarding releases to air,
				water, and land.
(b) Any
				radioactive materials received at the Transfer Station shall be managed
				according to all appropriate requirements of the federal Nuclear Regulatory
				Agency and DEQ's Radiation Management rules.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 15 - Transfer Stations › Section 252:205-15-4 - Modifications

Current through Vol. 41, No. 20, July 1, 2024
(a) A proposed modification to an approved
				Plan which would alter the design, infrastructure, or operation of a Transfer
				Station shall be requested in writing and shall not be implemented without the
				DEQ's prior approval.
(b) The DEQ
				may modify an approved Plan to require compliance with current rules.
(c) Modification to approved Plans shall be
				according to
				40 CFR
				270.42.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 15 - Transfer Stations › Section 252:205-15-5 - Exclusionary siting criteria

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				siting criteria for locating hazardous waste Transfer Stations are the same as
				those for any hazardous waste treatment, disposal, recycling, or storage
				facility in OAC
				252:205-11-2
				and 27A O.S. § 2-7-111.
(b)
				The siting criteria for locating hazardous waste Transfer Stations which also
				handle solid wastes destined for management at a solid waste facility include
				those listed in Subchapter 11 of this Chapter and those in OAC
				252:515.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 17 Ok
				  Reg 1130, eff 6-1-00; Amended at 23 Ok Reg 931, eff
				  6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 15 - Transfer Stations › Section 252:205-15-6 - No endangerment

Current through Vol. 41, No. 20, July 1, 2024
All owners/operators of Transfer Stations shall comply with
				  252:205-9-1.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 1 - TAX CREDITS [REVOKED] › Section 252:205-17-1 - Certification [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 1 - TAX CREDITS [REVOKED] › Section 252:205-17-2 - Tax credit limitations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 1 - TAX CREDITS [REVOKED] › Section 252:205-17-3 - Application procedures for tax credit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at
					 23 Ok Reg 931, eff 6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 1 - TAX CREDITS [REVOKED] › Section 252:205-17-4 - Criteria for approval of tax credit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 1 - TAX CREDITS [REVOKED] › Section 252:205-17-5 - Special conditions: new and unproven technologies [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 1 - TAX CREDITS [REVOKED] › Section 252:205-17-6 - Required information in tax credit application [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-20 - Applicability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-21 - Incentives [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-22 - Refund for volume reduction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-23 - Refund for toxicity reduction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-24 - Refund for elimination of a waste stream [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-25 - Maximum total refund [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-26 - Limitations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 17 - Tax Credits [Revoked] › Part 3 - WASTE REDUCTION INCENTIVES [Revoked] › Section 252:205-17-27 - Application for fee reduction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 20 Ok Reg 1149, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-1 - Permit required

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Owners/operators of off-site recycling facilities with units operational:
(1) Before July 1, 1990, are not required to
				  obtain a permit for those units, but must comply with the rules in this
				  Subchapter.
(2) After July 1, 1990
				  must obtain a permit for those units. Owners/operators of post-1990 off-site
				  recycling facilities must also comply with the permit requirements of 40 CFR
				  270 and OAC 252:4. The owner/operator must include hazardous waste recycling
				  units, staging and process areas, and permanent and temporary storage areas for
				  recycled products and wastes in the permit application.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-2 - Federal rules

Current through Vol. 41, No. 20, July 1, 2024
Owners/operators of off-site recycling facilities must
					 comply with the following provisions of 40 CFR 264 for all hazardous waste
					 recycling units, staging and process areas, and permanent and temporary storage
					 areas for recycled products and wastes:
(1) Subpart B- General Facility
				  Standards
(2) Subpart C-
				  Preparedness & Prevention
(3)
				  Subpart D- Contingency Plan & Emergency Procedures
(4) Subpart E- Manifest System, Recordkeeping
				  & Reporting
(5) Subpart G-
				  Closure & Post-Closure
(6)
				  Subpart H- Financial Requirements
(7) Subpart I- Use & Management of
				  Containers
(8) Subpart J- Tank
				  Systems
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-3 - Replacement of recycling units

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  owner/operator may replace recycling units which are not required to be
				  permitted with functionally equivalent units not more than 10% difference in
				  capacity upon prior approval of the DEQ.
(b) The owner/operator must apply for a
				  permit modification to increase the capacity of the recycling units or to add
				  new or different recycling units.
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-4 - Operating record

Current through Vol. 41, No. 20, July 1, 2024
(a)
Operating
				  record required.
The owner or operator of an off-site recycling facility
				  must keep a written operating record at the facility.
(b)
Content.
The following
				  information must be recorded as it becomes available and maintained in the
				  operating record until closure of the facility:
(1) A description and the quantity of each
				  hazardous waste received;
(2) The
				  method(s) and date(s) of treatment, storage, or recycling of each hazardous
				  waste received;
(3) The location of
				  all hazardous waste within the facility;
(4) The quantity of hazardous waste at each
				  location, including cross-references to specific manifest document numbers if
				  the waste was accompanied by a manifest; and
(5) Complete documentation of the fate of all
				  hazardous wastes received from off-site or generated on-site including records
				  of the sale, reuse, off-site transfer, or disposal of all products and waste
				  materials.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-5 - Blending low-Btu fuel prohibited [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-6 - Fees [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at
					 17 Ok Reg 1130, eff 6-1-00
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 1 - REQUIREMENTS FOR OFF-SITE RECYCLERS › Section 252:205-19-7 - Processed hazardous waste to be recycled

Current through Vol. 41, No. 20, July 1, 2024
Owners/operators who demonstrate to the DEQ that units
					 containing hazardous wastes which have been processed for recycling have a
					 demonstrable market and no longer contain constituents which pose a hazard to
					 human health or the environment are not required to obtain a permit for those
					 units, but must still comply with
					 252:205-19-1(b)
					 and 19-4.
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 3 - MOBILE RECYCLING UNITS › Section 252:205-19-15 - Mobile units

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
This Part applies to mobile recycling units that
				  process hazardous waste at any facility which generates in excess of 1000
				  kilograms of hazardous waste in any calendar month. The requirements of this
				  Part shall not apply to mobile recycling units when:
(1) The recycling is performed at the
				  generator's site;
(2) The generator
				  retains responsibility for proper management of the waste and any
				  residues;
(3) No waste generated by
				  any other person is brought onto the site for treatment by the unit;
				  and,
(4) The generator and the
				  recycler meet all applicable requirements for hazardous waste
				  management.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 5 - TANK AND CONTAINER RECYCLERS › Section 252:205-19-29 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) This part applies to facilities which
				  receive tanks or containers from off-site for cleaning or reconditioning which
				  are empty as described at
				  40 CFR
				  261.7 and which contain a chemical residue.
				  Tanks or containers hold a chemical residue if such residue is visible and/or
				  the tank or container requires cleaning to assure that it is free of
				  residue.
(b) Containers as
				  described in
				  40 CFR
				  261.7 are assumed to contain a chemical
				  residue until processed by the receiving facility to assure that such units are
				  ready for resale.
(c) This part
				  does not apply to:
(1) Facilities permitted
				  pursuant to 40 CFR 264;
(2)
				  Facilities which only receive containers or tanks for filling with product or
				  waste without on-site cleaning or reconditioning; or,
(3) Companies, their affiliates and
				  subsidiaries which receive back only their own containers and, as applicable:
(A) Remove residues of unused commercial
				  chemical product for use at their facilities;
(B) Remove residues and manage such residues
				  and wash wastes as hazardous or non-hazardous solid waste as determined per 40
				  CFR 261; or,
(C) Treat removed
				  residues and wash wastes in units permitted pursuant to sections 402 and 307(b)
				  of the Clean Water Act.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 5 - TANK AND CONTAINER RECYCLERS › Section 252:205-19-30 - Incidents

Current through Vol. 41, No. 20, July 1, 2024
Facilities subject to this part shall comply with
					 252:205-13-1.
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
					 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 5 - TANK AND CONTAINER RECYCLERS › Section 252:205-19-31 - Handling of tank and container residues, and cleaning wash solutions

Current through Vol. 41, No. 20, July 1, 2024
(a) Chemical residues and wash solutions
				  containing chemical residues generated by cleaning or reconditioning of tanks
				  or containers shall be evaluated in accordance with 40 CFR 261 to determine if
				  they are to be handled as hazardous wastes or as non-hazardous solid
				  wastes.
(b) Chemical residues and
				  wash solutions containing chemical residues generated by cleaning or
				  reconditioning of tanks and containers are not exempted from OAC
				  252:205-19-31(a) by
				  40 CFR
				  261.7. However, no hazardous waste listings
				  in 40 CFR 261 Subpart D shall apply to residues removed from containers
				  regulated pursuant to this part. Wastes generated from using solvents listed in
				  40 CFR
				  261.31 during the cleaning or reconditioning
				  process and which meet the listing definition are hazardous waste.
(c) As determined, the following shall apply:
(1)40 CFR 261 - 279 and OAC 252:205 shall
				  apply to residues removed from containers regulated pursuant to this part
				  unless exempted therein (e.g., exclusions for waste treated under §§
				  402 and 307(b) of the Clean Water Act); however, the exemption found at 261.7
				  is modified pursuant to this part.
(2) For all non-hazardous solid waste, the
				  generator is not exempt from applicable Oklahoma Regulations as specified by
				  OAC 252:515.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 5 - TANK AND CONTAINER RECYCLERS › Section 252:205-19-32 - Storage Requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Facilities
				  regulated pursuant to this part may not speculatively accumulate, as defined at
				  40 CFR
				  261.1(c)(8), tanks or
				  containers awaiting cleaning or reconditioning. Tanks and containers which have
				  not completed the full cleaning or reconditioning process must be so marked or
				  placed into an area so marked and stored separately from containers or tanks
				  which have been cleaned or reconditioned.
(b) All tanks and containers shall be stored
				  under cover, or in a manner which will prevent the accumulation of
				  precipitation in the tank or container or release to the environment of
				  chemical residue. Any precipitation which may accumulate shall be considered a
				  chemical residue requiring handling as described in
				  252:205-19-31.
(c) All tanks and containers shall be stored
				  in such a manner that visual inspections can determine if spillage has
				  occurred.
(d) Tanks and containers
				  shall be inspected weekly for compliance with this section.
Added at 16 Ok Reg
					 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at
					 17 Ok Reg 1130, eff 6-1-00
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 5 - TANK AND CONTAINER RECYCLERS › Section 252:205-19-33 - Notification Requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Facilities
				  shall notify the Department of activities regulated pursuant to this part in
				  the following manner:
(1) Provide a general
				  description of site utilization and processes; and,
(2) Provide a general description of how
				  processes and activities will be conducted in a manner that minimizes releases
				  to soil, air, and water.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 19 - Additional Rules for Recycling › Part 5 - TANK AND CONTAINER RECYCLERS › Section 252:205-19-34 - Recordkeeping

Current through Vol. 41, No. 20, July 1, 2024
(a) Facilities regulated pursuant to this
				  part must maintain the following records on-site:
(1) Documentation of waste determinations and
				  analyses, as appropriate, for hazardous wastes generated;
(2) Records of inspections performed pursuant
				  to
				  252:205-19-32(d);
(3) Records of remedial actions performed
				  on-site in accordance with
				  252:205-13-1;
				  and,
(4) Records demonstrating that
				  the facility is not speculatively accumulating under
				  252:205-19-32(a).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 21 - Fees › Section 252:205-21-1 - General fee provisions

Current through Vol. 41, No. 20, July 1, 2024
Fees are payable to the DEQ. Monitoring fees and renewal
				  fees are due and payable and must be postmarked within sixty days from the
				  invoice date. Ranges of fees for permit application and application
				  resubmittals, and facility monitoring are set by law. See 27A O.S. §
				  2-7-119. A late fee of 20% of the renewal fee will be charged as a penalty for
				  late renewal of fees less than $10,000. For fees of $10,000 or more, see the
				  penalty clause of 27A O.S. § 2-3-301. The DEQ will not re-assess fees at
				  time of transfer of ownership if units and EPA I.D. number remain
				  unchanged.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 21 - Fees › Section 252:205-21-2 - Generator fees

Current through Vol. 41, No. 20, July 1, 2024
Annual monitoring and inspection fee.
Oklahoma
				  generators shall pay an annual fee of $300, except small quantity generators
				  who pay $25.
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff
				  6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 21 - Fees › Section 252:205-21-3 - Transporter fees [1] [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 244,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Revoked at 18 Ok
				  Reg 644, eff 1-2-01 (emergency); Revoked at 18 Ok Reg 1495, eff
				  6-1-01
1This section was revoked in
				  2001 pursuant to Laws 2000, c. 130, § 3. This legislation, which became
				  effective on 4-24-00, assigned rulemaking authority to the Corporation
				  Commission for "administer[ing] a hazardous waste tranportation registration
				  and permitting program for motor carriers engaged in transporting hazardous
				  wastes . . . ." See also OAC 165:30.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 21 - Fees › Section 252:205-21-4 - Treatment, storage, off-site recycling, and disposal facility fees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Permit fees.
(1) New permit application fees are listed in
				Appendix B.
(2) Renewal and post
				closure application fees shall be 1/2 of the fees listed in Appendix B, subject
				to the statutory minimum.
(3) Fees
				for re-submission of an application shall be the minimum amount established by
				27A O.S. § 2-7-119(B). Re-submission is deemed to occur when an applicant,
				at the request of the Department, provides additional information to make an
				application complete, which constitutes substantial recomposition of the
				application.
(4) Fees for Tier 3
				modifications are the application fees listed in Appendix B.
(5) Application fees for an off-site
				recycling facility shall be the statutory minimum established for permit
				applications by 27A O.S. § 2-7-119(B).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 21 - Fees › Section 252:205-21-5 - Fees for waste exclusion

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submittal fees.
(1) Application
				fees for waste exclusion are listed in Appendix D of this chapter.
(2)Payment of the appropriate fee must be
				made at the time of the submission of the petition to exclude the waste
				stream(s). The DEQ will not consider said petition(s) until the appropriate
				fee(s) are paid in full.
(2)
				Payment of the appropriate fee must be made at the time of the submission of
				the petition to exclude the waste stream(s). The DEQ will not consider said
				petition(s) until the appropriate fee(s) are paid in full.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 23 - Hazardous Waste Fund Act Projects › Section 252:205-23-1 - Purpose, authority and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this
				Subchapter is to implement the Oklahoma Hazardous Waste Fund Act, 27A O.S.
				§§ 2-7-301
et seq
.
(b)
Authority.
This Subchapter
				is adopted pursuant to 75 O.S. §
									302,
				Executive Order 98-37 and 27A O.S. § 2-7-306.
(c)
Applicability.
The rules in
				this Subchapter apply to DEQ funding of local projects authorized by 27A O.S.
				§§ 2-7-121(F), 2-7-304 and 2-7-305.
Added at 19 Ok Reg 1026,
				  eff 6-1-02; Amended at 23 Ok Reg 931, eff
				  6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 205 - Hazardous Waste Management › Subchapter 23 - Hazardous Waste Fund Act Projects › Section 252:205-23-2 - Use of Hazardous Waste Fund

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				DEQ shall fund the following before providing financial assistance to
				municipalities or counties:
(1) Required
				state contributions under the federal Comprehensive Environmental Response,
				Compensation and Liability Act (CERCLA) for remediation or related action at a
				CERCLA site (27A O.S. § 121(F)(1));
(2) Response to emergency situations and/or
				remediation of sites involving hazardous waste or hazardous waste constituents
				when the responsible party cannot be timely identified or found or compelled to
				take appropriate action in accordance with 27A O.S. § 2-7-121(F)(2) &
				(3); and
(3) Costs incurred in
				undertaking an enforcement action against responsible parties to compel
				response or remedial action or to recover monies expended by the state for a
				response or remedial action in accordance with 27A O.S. §
				2-7-121(F)(4).