[Federal Register: April 9, 2003 (Volume 68, Number 68)]
[Rules and Regulations]
[Page 17308-17311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap03-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7479-1]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA)
ACTION: Immediate final rule.
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SUMMARY: The State of Oklahoma has applied for Final authorization of
the changes to its Hazardous Waste Program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
revisions satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the revisions without a prior proposal because we believe this action
is not controversial and do not expect comments that oppose it. Unless
we get adverse comments which oppose this authorization during the
comment period, the decision to authorize the Oklahoma Department of
Environmental Quality's (ODEQ) revisions to their hazardous waste
program will take effect. If adverse comments are received, we will
publish a document in the Federal Register either: A withdrawal of the
immediate Final decisions and a separate document in the proposed rules
section of this Federal Register will serve as a proposal to authorize
the changes, or a document containing a response to comments and which
either affirms that the immediate Final decision takes effect or
reverses the decision.
EFFECTIVE DATE: This immediate final rule is effective on June 9, 2003,
unless EPA receives adverse written comments by May 9, 2003. Should EPA
receive such comments, it will publish a timely document either:
Withdrawing the immediate final publication or affirming the
publication and responding to comments.
ADDRESSES: Written comments, referring to Docket Number OK-01-03,
should be sent to Alima Patterson Region 6 Regional Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733. Copies of Oklahoma program revision
application and the materials which EPA used in evaluating the
revisions are available for inspection and copying from 8:30 a.m. to 4
p.m. Monday through Friday at the following address: Oklahoma
Department of Environmental Quality, 707 North Robinson, Oklahoma City,
Oklahoma 73101-1677, (405) 702-7180 and EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-6444.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States that receive final authorization from EPA under RCRA section
3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program
that is equivalent to, consistent with, and no less stringent than the
Federal Hazardous Waste Program. As the Federal program changes, States
must
[[Page 17309]]
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260-266, 268, 270, 273, and 279.
B. What Is The Effect Of Today's Authorization Decision?
The effect of this decision is that a facility in Oklahoma subject
to RCRA will have to comply with the authorized State Requirements
(Cluster X listed in this document) instead of the equivalent federal
requirements in order to comply with RCRA. Oklahoma has enforcement
responsibilities under its state hazardous waste program for violations
of such program, but EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, authority to:
(1) Do inspections, and require monitoring, tests, analyses or reports,
(2) enforce RCRA requirements and suspend or revoke permits. This
action does not impose additional requirements on the regulated
community because the regulations for which Oklahoma is being
authorized by today's action are already effective, and are not changed
by today's action.
C. What Is the History of Oklahoma's Final Authorization and Its
Revisions?
Oklahoma initially received Final Authorization on January 10,
1985, (49 FR 50362-50363) published December 27, 1984 to implement its
base hazardous waste management program. We authorized the following
revisions: Oklahoma received authorization for revisions to its program
with publication dates: April 17, 1990 (55 FR 14280-14282), effective
June 18, 1990; September 26, 1990 (55 FR 39274) effective November 27,
1990; April 2, 1991 (56 FR 13411-13413) effective June 3, 1991;
September 20, 1991 (56 FR 47675-47677) effective November 19, 1991;
September 29, 1993 (58 FR 50854-50856) effective November 29, 1993;
October 12, 1993 (52679-52682) effective December 13, 1993; October 7,
1994 (59 FR 51116-51122) effective December 21, 1994; January 11, 1995
(60 FR 2699-2702) effective April 27, 1995; October 9, 1996 (61 FR
52884-52886) effective December 23, 1996; Technical Correction March
14, 1997 (12100-12101) effective March 14, 1997; September 22, 1998 (63
FR 50528-50531) effective November 23, 1998; March 29, 2000 (65 FR
16528-16532) effective May 30, 2000; May 10, 2000 (65 FR 29981-29985)
effective June 9, 2000; and January 2, 2001 (66 FR 28-33) effective
March 5, 2001. The authorized Oklahoma RCRA program was incorporated by
reference into the CFR published on December 9, 1998 (67800-67834)
effective February 8, 1999 and August 26, 1999 (46567-46571) effective
October 25, 1999. On October 15, 2001, Oklahoma submitted a final
complete program revision application, seeking authorization of its
program revision in accordance with 40 CFR 271.21.
Oklahoma statutes provide authority for a single State agency, the
Oklahoma Department of Environmental Quality (ODEQ), to administer the
provisions of the State Hazardous Waste Management Program. These
statutes are the Oklahoma Department of Environmental Quality Act, 27
O.S. Supplement (Supp.) 2000 Sec. Sec. 1-1-101 et seq. General
provisions of the Oklahoma Environmental Quality Code which may affect
the Hazardous Waste Program are 27A O.S. Supplement (Supp.). 2000
Sec. Sec. 2-1-101 through 2-3-507; and the Oklahoma Hazardous Waste
Management Act (OHWMA), 27A O.S. Supp. 2000 Sec. Sec. 2-7-101 et seq.,
specifically Sec. 2-7-104 and 27A O.S. Supp. 2000 Sec. Sec. 2-14-305
allows for issuance of general permits. No amendments were made to the
above statutory authorities during the 2001 legislative session which
will substantially affect the State Hazardous Waste Management Program.
The Oklahoma Board adopted RCRA Cluster X rules on February 23,
2001, as permanent rules. These permanent rules became effective on
June 11, 2001, to implement the State hazardous waste program, which
are codified in OAC 252:205 et seq. These rules include provisions,
found at OAC 252:205-3-1 through 252:205-3-6, to incorporate by
reference, in accordance with the Guidelines For State Adoption of
Federal Regulations By Reference, the following EPA Hazardous Waste
Management Regulations as amended through July 1, 2000: The provisions
of Title 40 CFR part 124.31, 124.32 and 124.33; 40 CFR parts 260-266,
with the exception of 40 CFR 260.21, 264.(f), 264.150, 264.301(1),
264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 264.1080(g),
265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1010(f), 265.1080(e),
265.1080(f), and 265.1080(g); 40 CFR part 268 except 268.5, 268.6,
268.13, 268.42(b), 268.44(a) through (g), and 268.44(m) through (p); 40
CFR part 270 except 271.14(b)(18); 40 CFR part 273; and 40 CFR part
279.
The ODEQ remains the official agency of the State of Oklahoma, as
designated by 27A O.S. Supp. 2000 Section 2-7-105(13) to cooperate with
Federal agencies for purposes of hazardous waste regulation. The OHWMA
delegates authority to the ODEQ to administer the State hazardous waste
program, including the statutory and regulatory provisions necessary to
administer the RCRA Cluster X provisions. The DEQ is the sole State
agency responsible for administering the provisions of the OHWMA.
At the present, the Oklahoma Corporation Commission (OCC) regulates
certain aspects of the oil and gas production and transportation
industry in Oklahoma, including certain waste generated by pipelines,
bulk fuel sales terminals and certain tank farms. The ODEQ and the OCC
have in place a ODEQ/OCC Jurisdictional Guidance Document that reflects
the current state of affairs between the two agencies. The current
ODEQ/OCC jurisdictional Guidance Document was amended and signed on
January 27, 1999.
The revisions of the State program to include administration of the
provisions of portions of RCRA Cluster X will not require a change in
responsibility for administration of the State hazardous waste program.
D. What Changes Are We Approving With Today's Action?
On October 15, 2001 the State of Oklahoma submitted a final
complete program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate Final decision,
subject to receipt of written comments that oppose this action, that
the State of Oklahoma's hazardous waste program revision satisfies all
of the requirements necessary to qualify for Final authorization. The
State of Oklahoma revisions consist of regulations which specifically
govern Federal Hazardous Waste promulgated from July 1, 1999 to June
30, 2000 (RCRA Cluster X) Oklahoma requirements are included in a chart
with this document.
[[Page 17310]]
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Federal Citation State Analog
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1. Delisting Waste, [50 FR 28702] July 27A O.S. Supp. 2000 Sec. 2-2-
15, 1985. (Checklist 17B). 104 Added by Laws 1994,
effective July 1, 1994,
Annotated Oklahoma Statutes
27A. O.S. Supp Sec. 2-2-106
Amended by Laws 1981,
effective July 1, 1981;
Amended by Laws 1993, Rules
252:205:3-1 through 252:205:3-
7 permanent effective date
June 11, 2001.
2. Universal Waste Rule: Specific 27A O.S. Supp. 2000 Sec. 2-2-
Provisions for Hazardous Waste Lamps, 104 Added by Laws 1994,
[64 FR 36466-36490] July 6, 1999. effective July 1, 1994,
(Checklist 181). Annotated Oklahoma Statutes 27
A. O.S. Supp 2000 Sec. 2-2-
106 Amended by Laws 1981,
effective July 1, 1981;
Amended by Laws 1993, Rules
252:205:3-1 through 252:205-3-
7 permanent effective date
June 11, 2001.
3. Hazardous Waste Recycling; Land 27A O.S. Supp. 2000 Sec. 2-2-
Disposal Restrictions; Final Rule, 104 Added by Laws 1994,
Hazardous Waste Air Pollutant effective July 1, 1994,
Standards for Combustors, Annotated Oklahoma Statutes 27
Miscellaneous Units, and Secondary A. O.S. Supp 2000 Sec. 2-2-
Lead Smelters; Clarification of BIF 106 Amended by Laws 1981,
Requirements; Technical Correction to effective July 1, 1981;
Fast-track Rule, [64 FR 52828-53077; Amended by Laws 1993, Rules
64 FR 63209-63213] September 30, 1999; 252:205-3-1 through 252:205-3-
and November 19, 1999. (Checklist 182). 7 permanent effective date
June 11, 2001.
4. Land Disposal Restrictions Phase IV: 27A O.S. Supp 2000 Sec. 2-2-
Final Rule Promulgating Treatment 104 Added by Laws 1994,
Standards for Metal Wastes and Mineral effective July 1, 1994,
Processing Wastes; Mineral Processing Annotated Oklahoma Statutes 27
Secondary Materials and Bevill A. O.S. Supp 2000 Sec. 2-2-
Exclusion Issues; Treatment Standards 106 amended by Laws 1981,
for Hazardous Soils, and Exclusion of effective July 1, 1981;
Recycled Wood Preserving Wastewaters, amended by Laws 1993, Rules
[64 FR 56469-56472] October 20, 1999. 252:205:3-1 through 252:205-3-
(Checklist 183). 7 permanent effective date
June 11, 2001.
5. Accumulation Time Under RCRA for 27A O.S. Supp. 2000 Sec. 2-2-
Waste Water Treatment Sludges From the 104 Added by Laws 1994,
Metal Finishing Industry; Final Rule: effective July 1, 1994,
Vacatur of Organobromine Production Annotated Oklahoma Statutes 27
Waste Listings, [65 FR 12378-12398] A. O.S. Supp 2000 Sec. 2-2-
March 8, 2000. (Checklist 184). 106 Amended by Laws 1981,
effective July 1, 1981;
Amended by Laws 1993, Rules
252:205:3-1 through 252:205-3-
7 permanent effective date
June 11, 2001.
6. Organobromine Production Waste; 27A O.S. Supp 2000 Sec. 2-2-
Identification and Listing of 104 Added by Laws 1994,
Hazardous Waste; Land Disposal effective July 1, 1994,
Restrictions; Listing of CERCLA Annotated Oklahoma Statutes 27
Hazardous Substances, Reportable A. O.S. Supp 2000 Sec. 2-2-
Quantities; Final Rule, [65 FR 14472- 106 Amended by Laws 1981,
14475] March 17, 2000. (Checklist 185). effective July 1, 1981;
Amended by Laws 1993, Rules
252:205:3-1 through 252:205-3-
7 permanent effective date
June 11, 2001.
7. Accumulation Time Under RCRA for 27A O.S. Supp. 2000 Sec. 2-2-
Waste Water Treatment Sludges From the 104 Added by Laws 1994,
Metal Finishing Industry; Final Rule: effective July 1, 1994,
Petroleum Refining Process Wastes- Annotated Oklahoma Statutes 27
Clarification, [64 FR 36365-36367] A. O.S. Supp 2000 Sec. 2-2-
June 8, 2000. (Checklist 187). 106 Amended by Laws 1981,
effective July 1, 1981;
Amended by Laws 1993, Rules
252:205:3-1 through 252:205-3-
7 permanent effective date
June 11, 2001.
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E. What Decisions has EPA Made?
We conclude that Oklahoma's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Therefore, we grant Oklahoma final authorization to operate its
hazardous waste program with the changes described in the authorization
application. Oklahoma has responsibility for permitting treatment,
storage, and disposal facilities within its borders (except in Indian
Country) and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of Solid
Waste Amendments of 1984 (HSWA). New federal requirements and
prohibitions imposed by Federal regulations that EPA promulgates under
the authority of HSWA take effect in authorized States before they are
authorized for the requirements. Thus, EPA will implement those
requirements and prohibitions in Oklahoma, including issuing permits,
until the State is granted authorization to do so.
F. How do the Revised State Rules Differ From the Federal Rules?
In this authorization of the State of Oklahoma's program revisions
for RCRA Cluster X, there are no provisions that are more stringent or
broader in scope. Broader in scope requirements are not part of the
authorized program and EPA can not enforce them.
G. Who Handles Permits After This Authorization Takes Effect?
The State of Oklahoma will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more permits or new portions of
permits for the provision listed in that Table in this document after
the effective date of this authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which Oklahoma is
not yet authorized.
H. Why was There not a Proposal Rule Before Today's Notice?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval because we believe this action is not
controversial. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes.
I. Where do I Send My Comments and When are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number OK-01-03). We must receive your comments by May 9, 2003.
You may not have an opportunity to comment again. If you want to
comment on this action, you must do so at this time.
[[Page 17311]]
J. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. The EPA will base any further
decision on the authorization of the State program changes on the
proposal mentioned in the previous paragraph. We will then address all
public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time.
K. When Will This Approval Take Effect?
Unless EPA receives comments opposing this action, this final
authorization approval will become effective without further notice on
June 9, 2003.
L. Where Can I Review The State's Application?
You can review and copy the State of Oklahoma's application from
8:30 a.m. to 4 p.m. Monday through Friday at the following addresses:
Oklahoma Department of Environmental Quality, 707 North Robinson,
Oklahoma City, Oklahoma 73101-1677, (405) 702-7180 and EPA, Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further
information contact Alima Patterson, Regional Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-8533.
M. Does Today's Action Affect Indian Country In Oklahoma?
Oklahoma is not authorized to carry out its Hazardous Waste Program
in Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect on Indian Country.
N. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. The EPA does this by referencing the authorized
State rules in 40 CFR part 272. The EPA reserves the amendment of 40
CFR part 272, Subpart LL for this codification of Oklahoma's program
changes until a later date.
Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore, this action is not subject to review by OMB. This
rule incorporated by reference Oklahoma's authorized hazardous waste
management regulations, and imposes no additional requirements beyond
those imposed by State law. This final rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et. seq.). Incorporation by
reference will not impose any new burdens on small entities.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 3501 et. seq.). Because this rule
merely incorporates by reference certain existing State hazardous waste
management program requirements which EPA already approves under CFR
part 271, and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also does not have
Tribal implications within the meaning of Executive Order 13175 (65 FR
67249, November 6, 2000).
This action also is not subject to Executive Order 13045 (62 FR
19885M April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Action
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use`` (66 FR 28344, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
incorporation by reference as long as the State meets the criteria
required by RCRA. It would thus be inconsistent with applicable law for
EPA, when it reviews a State incorporation by reference application, to
require the use of any particular voluntary consensus standard in place
of another standard that otherwise satisfies the requirements of RCRA.
Thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. The
final rule does not include environment justice issues that require
consideration under Executive Order 12898 (59 FR 7629, February 16,
1994). EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. As required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct.
The Congressional Review Act, 5 U.S.C. 3501 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 prior to publication in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). This action will be effective on June 9,
2003.
List of Subjects in 40 CFR Part 271
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indian lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.
Authority: This document 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).
Dated: March 27, 2003.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 03-8667 Filed 4-8-03; 8:45 am]
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