[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR272.1851]

[Page 406-407]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 272_APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS--Table of 
Contents
 
                           Subpart LL_Oklahoma
 
Sec. 272.1851  Oklahoma State-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Oklahoma 
has final authorization for the following elements as submitted to EPA 
in Oklahoma's base program application for final authorization which was 
approved by EPA effective on 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, July 14, 1998, November 23, 
1998, February 8, 1999, May 30, 2000, July 10, 2000 and March 5, 2001.
    (b) State Statutes and Regulations.
    (1) The Oklahoma statutes and regulations cited in paragraph 
(b)(1)(i) of this section are incorporated by reference as part of the 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq. (See Sec. 272.2).
    (i) The Binder entitled ``EPA Approved Oklahoma Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated March, 2001.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the State's 
implementation of the hazardous waste management program, but they are 
not being incorporated by reference and do not replace Federal 
authorities:
    (i) Oklahoma Hazardous Waste Management Act, as amended, 27A 
Oklahoma Statute (O.S.) 1997 Edition (unless otherwise specified), 
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 (1999 Supplement), 2-7-129, 2-7-130, 2-7-131 and 2-7-133.
    (ii) The Oklahoma Administrative Code, Title 252, Chapter 205, 
Hazardous Waste Management, effective June 12, 2000: Subchapter 1, 
Sections 252:205-1-1(b), 252:205-1-3(a) and (b), 252:205-1-4(a)-(d); 
Subchapter 3, Sections 252:205-3-2 introductory paragraph, and 252:205-
3-2(a)(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 1997 Edition, Sections 2-7-119, 2-7-121 and 2-7-134.
    (ii) The Oklahoma Administrative Code, Title 252, Chapter 205, 
effective June 12, 2000: Subchapter 1, Section 252:205-1-1(c)(2)-(4), 
252:205-1-2 ``RRSIA''. 252:205-1-2 ``Reuse'', 252:205-1-2 ``Speculative 
accumulation'', 252:205-1-2 ``Transfer facility'', 252:205-1-2 
``Transfer station'', 252:205-1-4(e) and (f); Subchapter 5, Sections 
252:205-5-1(4), Subchapter 15; Subchapter 17; Subchapter 21; and 252:205 
Appendices A, B, and C.
    (4) Unauthorized State Amendments. The State's adoption of the 
Federal rules listed below is not yet approved by EPA and is, therefore, 
not enforceable:

[[Page 407]]



------------------------------------------------------------------------
                                      Federal Register      Publication
        Federal requirement               reference            date
------------------------------------------------------------------------
Delisting.........................  50 FR 28702.........        07/15/85
                                    54 FR 27114.........        06/27/89
                                    Amendments to
                                     260.22(a) through
                                     260.22(e)..
Toxicity Characteristics;           55 FR 40834.........        10/05/90
 Hydrocarbon Recovery Operations.   56 FR 3978..........        02/01/91
                                    56 FR 13406.........        04/02/92
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.
Removal of Legally Obsolete Rules.  60 FR 33912.........        06/29/95
Mineral Processing Secondary        63 FR 28556.........        05/26/98
 Materials Exclusion.
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between EPA 
Region 6 and the State of Oklahoma (ODEQ), signed by the EPA Regional 
Administrator on March 1, 2000, 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; March 4, 1996; April 15, 1997; February 6, 1998, December 2, 1998, 
October 15, 1999 and May 31, 2000, 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 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.

[68 FR 51491, Aug. 27, 2003]