
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Rules and Regulations]
[Pages 73347-73352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25300]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-2014-0791 FRL-9951-74-Region 6]


Oklahoma: Incorporation by Reference of Approved State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to 
as the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of Oklahoma's hazardous waste 
management program and incorporates by reference authorized provisions 
of the State's statutes and regulations.

DATES: This regulation is effective December 27, 2016, unless the EPA 
receives adverse written comment on this regulation by the close of 
business November 25, 2016. If the EPA receives such comments, it will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that this rule will not take effect. The 
Director of the Federal Register approves this incorporation by 
reference as of December 27, 2016 in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. Email: patterson.alima@epa.gov or banks.julia@epa.gov.
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, or Julia Banks, RCRA Permits Section (6MM-RP), Multimedia 
Division (6MM), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, RCRA Permits 
Section, Multimedia Division, EPA Region 6, 1445 Ross, Dallas, Texas 
75202-2733.
    Instructions: Do not submit information that you consider to be 
Confidential Business Information (CBI) or otherwise protected through 
http://www.regulations.gov, or email. The Federal http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties, and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. (For additional information about the EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4:00 p.m. Monday through Friday at the following location: EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number 
(214) 665-8533 or (214) 665-8178. Interested persons wanting to examine 
these documents should make an appointment with the office at least two 
weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization Coordinator or Julia Banks, Codification Coordinator, 
RCRA Permits Section (6MM-RP), Multimedia Division (6MM), EPA Region 6, 
1445 Ross Avenue, Dallas, Texas 75202-2733, phone numbers: (214) 665-
8533 or (214) 665-8178, email address: patterson.alima@epa.gov or 
banks.julia@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 272 
and incorporates by reference State statutes and regulations that the 
EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    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 State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of the authorization and codification of 
Oklahoma's hazardous waste management program?

    Oklahoma initially received Final authorization effective January 
10, 1985, (49 FR 50362) to implement its Base Hazardous Waste 
Management program.

[[Page 73348]]

    Subsequently, the EPA approved additional program revision 
applications effective on June 18, 1990 (55 FR 14280), November 27, 
1990 (55 FR 39274), June 3, 1991 (56 FR 13411), November 19, 1991 (56 
FR 47675), November 29, 1993 (58 FR 50854), December 21, 1994 (59 FR 
51116), April 27, 1995 (60 FR 2699), March 14, 1997 (62 FR 12100), July 
14, 1998 (63 FR 23673), November 23, 1998 (63 FR 50528), February 8, 
1999 (63 FR 67800), March 30, 2000 (65 FR 16528), July 10, 2000 (65 FR 
29981) March 5, 2001 (66 FR 28), June 9, 2003 (68 FR 17308), April 6, 
2009 (74 FR 5994), May 6, 2011 (76 FR 18927), May 14, 2012 (77 FR 
15273), July 29, 2013 (78 FR 32161), and October 28, 2014 (79 FR 
51497). The EPA first incorporated by reference Oklahoma's hazardous 
waste program effective December 13, 1993 (58 FR 52679), and updated 
the incorporation by reference effective July 14, 1998 (63 FR 23673), 
October 25, 1999 (64 FR 46567), October 27, 2003 (68 FR 51488), August 
27, 2010 (75 FR 36546), July 16, 2012 (77 FR 29231), October 9, 2012 
(77 FR 46964), July 29, 2013 (78 FR 32161), and September 2, 2014 (79 
FR 37226). In this document, the EPA is revising Subpart LL of 40 CFR 
part 272 to include the recent authorization revision actions effective 
October 28, 2014 (79 FR 51497).

C. What codification decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Oklahoma rules described in the amendments to 40 CFR part 272 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through http://www.regulations.gov and in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    The purpose of this Federal Register document is to codify 
Oklahoma's base hazardous waste management program and its revisions to 
that program. The EPA provided notices and opportunity for comments on 
the Agency's decisions to authorize the Oklahoma program, and the EPA 
is not reopening the decisions, nor requesting comments, on the 
Oklahoma authorizations as published in the Federal Register notices 
specified in Section B of this document.
    This document incorporates by reference Oklahoma's hazardous waste 
statutes and regulations and clarifies which of these provisions are 
included in the authorized and Federally enforceable program. By 
codifying Oklahoma's authorized program and by amending the Code of 
Federal Regulations, the public will be more easily able to discern the 
status of Federally approved requirements of the Oklahoma hazardous 
waste management program.
    The EPA is incorporating by reference the Oklahoma authorized 
hazardous waste program in subpart LL of 40 CFR part 272. Section 
272.1851 incorporates by reference Oklahoma's authorized hazardous 
waste statutes and regulations. Section 272.1851 also references the 
statutory provisions (including procedural and enforcement provisions) 
which provide the legal basis for the State's implementation of the 
hazardous waste management program, the Memorandum of Agreement, the 
Attorney General's Statements and the Program Description, which are 
approved as part of the hazardous waste management program under 
Subtitle C of RCRA.

D. What is the effect of Oklahoma's codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Oklahoma 
procedural and enforcement authorities. Section 272.1851(c)(2) of 40 
CFR lists the statutory provisions which provide the legal basis for 
the State's implementation of the hazardous waste management program, 
as well as those procedural and enforcement authorities that are part 
of the State's approved program, but these are not incorporated by 
reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Oklahoma's 
hazardous waste management program are not part of the Federally 
authorized State program.
    These provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (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;
    (3) A Federal program which has since been withdrawn by the U.S. 
EPA; and
    (4) Federal rules for which Oklahoma is authorized but which were 
vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 08-1144, June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and the EPA will 
not enforce them. Therefore, they are not incorporated by reference in 
40 CFR part 272. For reference and clarity, 40 CFR 272.1851(c)(3) lists 
the Oklahoma regulatory provisions which are ``broader in scope'' than 
the Federal program and which are not part of the authorized program 
being incorporated by reference. ``Broader in scope'' provisions cannot 
be enforced by the EPA; the State, however, may enforce such provisions 
under State law.
    Oklahoma has adopted but is not authorized for 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); June 29, 1995 (60 FR 33912), May 26, 1998 (63 FR 28556), June 
14, 2005 (70 FR 34538), August 1, 2005 (70 FR 44150); and December 19, 
2008 (73 FR 77954). Therefore, these Federal amendments included in 
Oklahoma's adoption by reference at 252:205-3-2(b) through 252:205-3-
2(m) 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 this Federal Register document.
    Oklahoma adopted and was authorized for the following Federal 
Performance Track program, which has since been terminated by the U.S. 
EPA: published in the Federal Register on April 22, 2004 (69 FR 21737), 
as amended October 25, 2004 (69 FR 62217), and the April 4, 2006 (71 FR 
16862) Burden Reduction Initiative amendments to the following 
provisions regarding Performance Track: 40 CFR 260.10, 264.15, 264 
.174, 264.195, 264.1101, 265.15, 265.174, 265.195, 265.201, 265.1101, 
270.42(l) and Item O.1 of Appendix I to 270.42.
    Oklahoma has adopted and was authorized for the following Federal 
rules which have since been vacated by the U.S. Court of Appeals for 
the District

[[Page 73349]]

of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, respectively; 
June 27, 2014): (1) The Comparable Fuels Exclusion Rule published in 
the Federal Register on June 19, 1998 (63 FR 33782), as amended on June 
15, 2010 (75 FR 33712); and (2) the Gasification Exclusion Rule 
published on January 2, 2008 (73 FR 57).
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by the EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
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. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.

G. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) 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 incorporates by reference Oklahoma's authorized hazardous waste 
management regulations and imposes no additional requirements beyond 
those imposed by State law. 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. 601 et 
seq.). Because this rule merely incorporates by reference certain 
existing State hazardous waste management program requirements which 
the EPA already approved under 40 CFR part 271, and with which 
regulated entities must already comply, 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 authorized 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 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Oklahoma's 
voluntary participation in the EPA's State program authorization 
process under RCRA Subtitle C. Thus, the requirements of section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) do not apply. As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the 
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 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. This 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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 will submit a report containing 
this document 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 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).

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 action 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: August 1, 2016.
Ron Curry,
Regional Administrator, EPA Region 6.
    For the reasons set forth in the preamble, 40 CFR part 272 is 
amended as follows:

[[Page 73350]]

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
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, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Revise 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 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 and November 23, 1998, February 8, 1999, March 30, 2000, 
July 10, 2000, March 5, 2001, June 9, 2003, April 6, 2009, May 6, 2011, 
May 14, 2012, July 29, 2013, and October 28, 2014.
    (b) The State of Oklahoma has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and regulations:
    (1) The Oklahoma statutes and regulations cited in paragraph 
(c)(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. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain copies of the Oklahoma regulations that are 
incorporated by reference in this paragraph from the State's Office of 
Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma 
City, OK 73152-3390; Phone number: 405-521-4911;Web site: https://www.sos.ok.gov/oar/Default.aspx. The statutes are available from West 
Publishing Company, 610 Opperman Drive, P. O. Box 64526, St. Paul, 
Minnesota 55164 0526; Phone: 1-800-328-4880; Web site: http://west.thomson.com. You may inspect a copy at EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202 (Phone number (214) 665-8533), or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Oklahoma Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', October, 2014. Only those provisions that have been 
authorized by EPA are incorporated by reference. These provisions are 
listed in Appendix A to Part 272.
    (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 Environmental Crimes Act, as amended effective July 1, 
2013, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meeting Act, as amended effective July 1, 2013, 
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes, Title 27A, ``Environment and Natural 
Resources'', as amended effective July 1, 2013: Chapter 1, ``Oklahoma 
Environmental Quality Act'', Sections 1-1-101 et seq.; Chapter 2, 
``Oklahoma Environmental Quality Code'', Sections 2-2-101, 2-2-104, 2-
2-201, 2-3-101(F)(1), 2-3-104, 2-3-202, 2-3-501, 2-3-502, 2-3-503, 2-3-
504; ``Oklahoma Hazardous Waste Management Act'', Sections 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), 2-7-109, 2-7-110(A), 2-7-111(C)(2)(b) and 
(c), 2-7-111(C)(3), 2-7-113.1, 2-7-114, 2-7-115, 2-7-116(A), 2-7-
116(G), 2-7-116(H)(1), 2-7-117, 2-7-123, 2-7-126, 2-7-129, 2-7-130, 2-
7-131, 2-7-132, and 2-7-133; ``Oklahoma Uniform Environmental 
Permitting Act'', Sections 2-14-101 et seq.
    (iv) Oklahoma Open Records Act, as amended effective July 1, 2013, 
51 Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended effective 
July 1, 2013, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
    (vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter 
205, Hazardous Waste Management, effective July 1, 2013 (2011 Edition, 
as amended by the 2013 Supplement): 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(a) introductory paragraph, 252:205-3-2(a)(1) and 
252:205-3-2(a)(3); Subchapter 11, Section 252:205-11-3.
    (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 Statutes (O.S.) as amended effective July 1, 2013, Sections 2-
7-119, 2-7-120, 2-7-121, 2-7-121.1, and 2-7-134.
    (ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter 
205, effective July 1, 2013 (2011 Edition, as amended by the 2013 
Supplement): Subchapter 1, Sections 252:205-1-1(c)(2) and (3), 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); Subchapter 5, Section 252:205-5-
1(4), Subchapter 15; Subchapter 17; Subchapter 21; Subchapter 23; and 
252:205 Appendices B, C and D.
    (4) Unauthorized State Amendments. (i) Oklahoma has adopted, but is 
not authorized to implement, the Federal rules that are listed in the 
following table. The EPA will continue to implement the Federal HSWA 
requirements for which Oklahoma is not authorized until the State 
receives specific authorization for those requirements. The EPA will 
not enforce the non-HSWA Federal rules although they may be enforceable 
under State law. For those Federal rules that contain both HSWA and 
non-HSWA requirements, the EPA will enforce only the HSWA portions of 
the rules.

------------------------------------------------------------------------
                                       Federal Register     Publication
        Federal requirement               reference            date
------------------------------------------------------------------------
Toxicity Characteristics;            55 FR 40834........         10/5/90
 Hydrocarbon Recovery Operations
 (HSWA) (Checklist 80).
                                     56 FR 3978.........          2/1/91

[[Page 73351]]

 
                                     56 FR 13406........          4/2/91
Toxicity Characteristics;            56 FR 5910.........         2/13/91
 Chlorofluorocarbon Refrigerants
 (HSWA) (Checklist 84).
Administrative Stay for K069         56 FR 19951........          5/1/91
 Listing (Non-HSWA) (Checklist 88).
Amendments to Interim Status         56 FR 66365........        12/23/91
 Standards for Downgradient
 Ground[dash]water Monitoring Well
 Locations (non-HSWA) (Checklist
 99).
Removal of Legally Obsolete Rules    60 FR 33912........         6/29/95
 (HSWA/Non-HSWA) (Checklist 144).
Mineral Processing Secondary         63 FR 28556........         5/26/98
 Materials Exclusion.--(Non-HSWA)
 (Checklist 167D--Amendments to 40
 CFR 261.2(c)(3), 261.2(c)(4)/
 Table, 261.2(e)(1)(iii) and
 261.4(a)(16)).
Methods Innovation: SW-846 (HSWA/    70 FR 34538........         6/14/05
 non-HSWA) (Checklist 208).
                                     70 FR 44150........          8/1/05
Expansion of RCRA Comparable Fuel    73 FR 77954........        12/19/08
 Exclusion (Non-HSWA) (Checklist
 221).
------------------------------------------------------------------------

    (ii) The Federal rules listed in the table below are not delegable 
to States. Oklahoma has excluded the rules from its incorporation by 
reference of the Federal regulations. EPA retains its authority for the 
implementation and enforcement of these rules.

----------------------------------------------------------------------------------------------------------------
            Federal requirement               Federal Register reference             Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:      61 FR 16290................  April 12, 1996.
 Implementation of OECD Council Decision
 (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of       75 FR 1236.................  January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (5) Terminated Federal program. Oklahoma adopted and was authorized 
for the following Federal program as amended, which has since been 
terminated by the U.S. EPA:

----------------------------------------------------------------------------------------------------------------
            Federal requirement               Federal Register reference             Publication date
----------------------------------------------------------------------------------------------------------------
National Environmental Performance Track     69 FR 21737................  April 22, 2004.
 Program (Checklist 204).
National Environmental Performance Track     69 FR 62217................  October 25, 2004.
 Program; Corrections (Rule 204.1).
Burden Reduction Initiative (Checklist       71 FR 16862................  April 4, 2006.
 213); amendments to the following
 provisions regarding Performance Track: 40
 CFR 260.10, 264.15, 264.174, 264.195,
 264.1101, 265.15, 265.174, 265.195,
 265.201, 265.1101, 270.42(l) and Item O.1
 of Appendix I to 270.42.
----------------------------------------------------------------------------------------------------------------

    (6) Vacated Federal rules. Oklahoma adopted and was authorized for 
the following Federal rules which have since been vacated by the U.S. 
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 
98-1379 and 08-1144, respectively; June 27, 2014):

----------------------------------------------------------------------------------------------------------------
            Federal requirement               Federal Register reference             Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised          63 FR 33782................  June 19, 1998.
 Standards (HSWA) (Checklist 168--40 CFR
 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary           73 FR 57...................  January 2, 2008.
 Materials Processed in a Gasification
 System to Produce Synthesis Gas (Checklist
 216--Definition of ``Gasification'' at 40
 CFR 260.10 and amendment to 40 CFR
 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable Fuel   7 FR 33712.................  June 15, 2010.
 Exclusion under RCRA (Checklist 224--
 amendments to 40 CFR 261.4(a)(16) and
 261.38).
----------------------------------------------------------------------------------------------------------------

    (7) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of Oklahoma, signed by the EPA Regional 
Administrator on May 15, 2013, is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921, et seq.
    (8) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Oklahoma 
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, May 31, 2000, October 15, 2001, June 27, 2003, 
March 1, 2005, July 12, 2005, July 03, 2006, August 25, 2008, March 26, 
2010, October 11, 2010, October 31, 2011, July 27, 2012, and July 1, 
2013, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (9) Program description. The Program Description and any other 
materials

[[Page 73352]]

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.

0
3. Appendix A to part 272 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.) 2011 Main Volume, 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), 2-7-111(C)(1), 2-7-111(C)(2)(a), 2-
7-111(D), 2-7-111(E), 2-7-112, 2-7-116(B) through 2-7-116(F), 2-7-
116(H)(2), 2-7-118, 2-7-124, 2-7-125, 2-7-127, and 2-10-301(G), as 
published by West Publishing Company, 610 Opperman Drive, P.O. Box 
64526, St. Paul, Minnesota 55164 0526; Phone: 1-800-328-4880; Web 
site: http://west.thomson.com.
    The regulatory provisions include:
    The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, 
effective July 1, 2013 (2011 Edition, as amended by the 2013 
Supplement): Subchapter 1, Sections 252:205-1-1(a), 252:205-1-1(c) 
introductory paragraph, 252:205-1-1(c)(1), 252:205-1-2 introductory 
paragraph, 252:205-1-2 ``OHWMA'', 252:205-1-2 ``Post-closure 
permit'', 252:205-1-3(c); Subchapter 3, Sections 252:205-3-1 (2013 
Supplement), 252:205-3-2(a)(2), 252:205-3-2(b)-(n), 252:205-3-4, 
252:205-3-5 and 252:205-3-6; Subchapter 5, Sections 252:205-5-1 
(except 252:205-5-1(4)), 252:205-5-2 through 252:205-5-5; Subchapter 
7, Sections 252:205-7-2 and 252:205-7-4 (except the phrase ``or in 
accordance with 252:205-15-1(d)); Subchapter 9, Sections 252:205-9-1 
through 252:205-9-4; Subchapter 11, Sections 252:205-11-1(a) (except 
the word ``recycling''), 252:205-11-1(b)-(e), and 252:205-11-2; and 
Subchapter 13, Sections 252:205-13-1(a)-(e), as published by the 
State's Office of Administrative Rules, Secretary of State, P.O. Box 
53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; Web 
site: https://www.sos.ok.gov/oar/Default.aspx.
* * * * *
[FR Doc. 2016-25300 Filed 10-24-16; 8:45 am]
BILLING CODE 6560-50-P


