[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6810-6816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01478]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-RCRA-2019-0343; FRL-10001-54-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This 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. The Environmental Protection Agency (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 are authorized and that

[[Page 6811]]

EPA will enforce under the Solid Waste Disposal Act, commonly referred 
to as the Resource Conservation and Recovery Act (RCRA). The EPA 
previously provided notifications and opportunity for comments on the 
Agency's decisions to authorize the State of Oklahoma program and the 
EPA is not now reopening the decisions, nor requesting comments, on the 
Oklahoma authorizations as previously published in the Federal Register 
documents specified in Section I.C of this final rule document.

DATES: This regulation is effective March 9, 2020. The Director of the 
Federal Register approves this incorporation by reference as of March 
9, 2020 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-RCRA-2019-0343. All documents in the docket are 
listed in www.regulations.gov index. Although listed in the index, some 
of the information is not publicly available. e.g., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available electronically through 
www.regulations.gov.
    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, 1201 Elm Street, Suite 500, Dallas, Texas, 75270, phone 
number (214) 665-8533. Interested persons wanting to examine these 
documents should make an appointment with the office.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization/Codification Coordinator, RCRA Permit Section (LCR-RP), 
Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm 
Street, Suite 500, Dallas, Texas 75270, phone number: (214) 665-8533, 
email address: patterson.alima@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Incorporation by Reference

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 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. Why wasn't there a proposed rule before this rule?

    The EPA is publishing this rule to codify Oklahoma's authorized 
hazardous waste management program without a prior proposal because we 
believe this action is not controversial. The reason being that, in 
accordance with section 3006(b) of RCRA, EPA has already evaluated the 
State's regulatory and statutory requirements and has determined that 
the State's program meets the statutory and regulatory requirements 
established by RCRA. The EPA previously provided notifications and 
opportunity for comments on the Agency's decisions to authorize the 
Oklahoma program. The EPA is not now reopening the decisions, nor 
requesting new comments, on the Oklahoma authorizations as previously 
published in the Federal Register documents specified in Section I.C of 
this final rule document. The previous authorizations form the basis 
for the codification addressed in this final rule.

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

    Oklahoma initially received final authorization on December 27, 
1984, effective January 10, 1985, (49 FR 50362) to implement its Base 
Hazardous Waste Management program. We granted authorization for 
changes to their program on April 17, 1990 (55 FR 14280), effective 
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27, 
1990; April 2, 1991 (56 FR 13411), effective June 3, 1991; September 
20, 1991 (56 FR 47675), effective November 19, 1991; September 29, 1993 
(58 FR 50854), effective November 29, 1993; October 7, 1994 (59 FR 
51116), effective December 21, 1994; January 11, 1995 (60 FR 2699), 
effective April 27, 1995; October 9, 1996 (61 FR 52884), effective 
December 23, 1996, as corrected on March 14, 1997 (62 FR 12100), 
effective March 14, 1997; April 30, 1998 63 FR 23673), effective July 
14, 1998; September 22, 1998 (63 FR 50528), effective November 23, 
1998; December 9, 1998 (63 FR 67800), effective February 8, 1999; March 
29, 2000 (65 FR 16528), effective May 30, 2000; May 10, 2000 (65 FR 
29981), effective July 10, 2000; January 2, 2001 (66 FR 28), effective 
March 5, 2001; April 9, 2003 (68 FR 17308), effective June 9, 2003; 
February 4, 2009 (74 FR 5994), effective April 6, 2009; April 6, 2011 
(76 FR 18927), effective June 6, 2011; March 15, 2012 (77 FR 15273), 
effective May 14, 2012; May 29, 2013 (78 FR 32161), effective July 29, 
2013; August 29, 2014 (79 FR 51497), effective October 28, 2014; July 
13, 2017 (82 FR 32249), effective September 11, 2017, and March 13, 
2019 (84 FR 8988), effective March 13, 2019.
    The EPA incorporated by reference Oklahoma's then authorized 
hazardous waste program effective December 13, 1993 (58 FR 52679), 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), September 2, 2014 (79 FR 37226), 
and December 27, 2016 (81 FR 73347). In this document, the EPA is 
revising subpart LL of 40 CFR part 272 to include the recent 
authorization revision actions effective September 11, 2017 (82 FR 
32249) and March 13, 2019 (84 FR 8988).

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

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference of the authorized hazardous waste management 
program of the State of Oklahoma. 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 
in Sec.  272.1851. 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 notifications and opportunity for 
comments on the Agency's decisions to authorize the Oklahoma program, 
and the EPA is not now reopening the decisions, nor requesting 
comments, on the Oklahoma

[[Page 6812]]

authorizations as published in the Federal Register documents specified 
in Section I.C 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 CFR, 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 and regulatory 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.

E. 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 analogs 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 and regulatory 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.

F. 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; and
    (3) A Federal program which has since been terminated by the U.S. 
EPA.
    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 August 3, 1987 (52 FR 28697); June 
1, 1990 (55 FR 22520, 261.33(c) only); 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); September 19, 1994 (59 FR 47980); May 12, 1995 (60 FR 25619); 
June 29, 1995 (60 FR 33912), April 9, 2002 (67 FR 17119); June 14, 2005 
(70 FR 34538), August 1, 2005 (70 FR 44150); and January 13, 2015 (80 
FR 1694). 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. After review and analysis of the 
State's regulations, the EPA has notified the State to seek 
authorization for the unauthorized rules that the State has adopted and 
are documented in this Federal Register document. The EPA expects the 
State to include these rules as part of their next Program Revision 
Application package.
    Oklahoma adopted and was authorized for (1) the Federal Performance 
Track program, as published in the Federal Register on April 22, 2004 
(69 FR 21737), and amended on October 25, 2004 (69 FR 62217), and (2) 
the following provisions regarding Performance Track in the April 4, 
2006 (71 FR 16862) Burden Reduction Initiative amendments: 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. The 
Performance Track program has since been terminated by the U.S. EPA. 
Oklahoma is in the process of revising their regulations to adopt the 
removal of the Performance Track provisions from the Federal 
regulations, as addressed in the Generator Improvement rule (81 FR 
85732; May 30, 2017).
    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.

G. 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 
non-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

[[Page 6813]]

the HSWA requirements and not the State analogs. The EPA will not 
codify those State requirements until the State receives authorization 
for those requirements.

II. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action 
incorporates by reference Oklahoma's authorized hazardous waste 
management regulations and imposes no additional requirements beyond 
those imposed by State law. Therefore, this action is not subject to 
review by OMB. This action is not an Executive Order 13771 (82 FR 9339, 
February 3, 2017) regulatory action because actions such as this 
codification of Oklahoma's revised hazardous waste program under RCRA 
are exempted under Executive Order 12866. 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 action incorporates by 
reference pre-existing requirements under State law 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 (2 U.S.C. 1531-1538). For the same reason, this action also 
does not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).
    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 requirements as part of the State RCRA hazardous 
waste management program without altering the relationship or the 
distribution of power and responsibilities established by RCRA.
    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.
    Under RCRA section 3006(b), EPA grants a State's application for 
authorization 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 authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. 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.). ``Burden'' is defined at 5 CFR 
1320.3(b).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Because this rule 
codifies pre-existing State rules which are at least equivalent to, and 
no less stringent than existing federal requirements, and imposes no 
additional requirements beyond those imposed by State law, and there 
are no anticipated significant adverse human health or environmental 
effects, the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801-808, 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, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Intergovernmental 
relations, Water pollution control, Water supply.

    Dated: January 23, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 272 as follows:

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) History of the State of Oklahoma authorization. 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, December 23, 1996 (as corrected 
effective March 14, 1997), July 14, 1998 and November 23, 1998, 
February 8, 1999, May 30, 2000, July 10, 2000, March 5, 2001, June 9, 
2003, April 6, 2009, June 6, 2011, May 14, 2012, July 29, 2013, October 
28, 2014, September 11, 2017, and March 13, 2019.

[[Page 6814]]

    (b) Enforcement authority. 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) Incorporation by reference. 
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 (c)(1) 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; website: https://www.sos.ok.gov/oar/Default.aspx. The statutes are available from 
Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-
888-728-7677; website: http://legalsolutions.thomsonreuters.com. You 
may inspect a copy at EPA Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270 (Phone number (214) 665-8533), or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, email fedreg.legal@nara.gov, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The compilation entitled ``EPA-Approved Oklahoma Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', March 2019. Only those provisions that have been authorized 
by EPA are incorporated by reference. Those provisions are listed in 
appendix A to this part.
    (ii) [Reserved]
    (2) Legal basis. 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 through August 
26, 2016, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meeting Act, as amended through August 26, 2016, 
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes (O.S.), Title 27A, ``Environment and 
Natural Resources'', as amended through August 26, 2016: 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, and 2-3-501 through 
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(I)(1), 2-7-117, 2-7-123 (except 2-7-123(F), 2-7-126, 
and 2-7-129 through 2-7-133; ``Oklahoma Uniform Environmental 
Permitting Act'', Sections 2-14-101 et seq.
    (iv) Oklahoma Open Records Act, as amended through August 26, 2016, 
51 Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended through 
August 26, 2016, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
    (vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter 
205, Hazardous Waste Management, effective September 15, 2017 (2016 
Edition, as amended by the 2017 Supplement): Subchapter 1, Sections 
252:205-1-1(b), 252:205-1-3(a) and (b), 252:205-1-4(a) through (d); 
Subchapter 3, Sections 252:205-3-2(a) introductory paragraph, (a)(1), 
and (a)(3); Subchapter 11, Section 252:205-11-3.
    (3) Related legal provisions. 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 through August 26, 2016, Sections 
2-7-119, 2-7-121, 2-7-121.1, and 2-7-134.
    (ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter 
205, effective September 15, 2017 (2016 Edition, as amended by the 2017 
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 
table in this paragraph (c)(4)(i). The EPA will continue to implement 
the Federal Hazardous and Solid Waste Act Amendments of 1984 (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.

                     Table 1 to Paragraph (c)(4)(i)
------------------------------------------------------------------------
                                     Federal Register       Publication
       Federal requirement               reference             date
------------------------------------------------------------------------
Listing of Spent Pickle Liquor    55 FR 28697                     8/3/87
 (K062), (Correction 2) (Non-
 HSWA) (Rule 26.2).
Land Disposal Restrictions for    55 FR 22520                     6/1/90
 Third Third Scheduled Wastes
 (40 CFR 261.33(c) only) (Non-
 HSWA) (Rule 78N).
Toxicity Characteristics;         55 FR 40834                    10/5/90
 Hydrocarbon Recovery Operations  56 FR 3978                      2/1/91
 (HSWA) (Checklist 80).           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).

[[Page 6815]]

 
Hazardous Waste Management        59 FR 47980                    9/19/94
 System; Testing and Monitoring
 Activities, Land Disposal
 Restrictions Correction (Non-
 HSWA) (Rule 126.1).
Hazardous Waste Management        60 FR 25619                    5/12/95
 System; Carbamate Production
 Identification and Listing of
 Hazardous Waste; Correction
 (Non-HSWA) (Rule 140.2).
Removal of Legally Obsolete       60 FR 33912                    6/29/95
 Rules (HSWA/Non-HSWA)
 (Checklist 144).
Inorganic Chemical Manufacturing  67 FR 17119                     4/9/02
 Wastes; Land Disposal
 Restrictions for Newly
 Identified Wastes; Correction
 (HSWA/Non-HSWA) (Rule 195.1).
Methods Innovation: SW-846 (HSWA/ 70 FR 34538                    6/14/05
 Non-HSWA) (Checklist 208).       70 FR 44150                     8/1/05
Definition of Solid Waste (Non-   80 FR 1694                     1/13/15
 HSWA) (Checklist 233).
------------------------------------------------------------------------

    (ii) The Federal rules listed in the table in this paragraph 
(c)(4)(ii) 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.

                                         Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
           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:

                                           Table 3 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
           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) 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.
    (7) 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, December 
23, 2009, October 11, 2010, October 31, 2011, July 27, 2012, July 1, 
2013, June 22, 2015, and March 22, 2017 are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (8) 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.
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 Statutes (O.S.) 2011 Main Volume and where indicated, 
amendments through August 26, 2016 as published in the 2017 
Cumulative Annual Pocket Part, 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) (2017 Pocket Part), 
2-7-116(I)(2) (2017 Pocket Part), 2-7-118 (2017 Pocket Part), 2-7-
124, 2-7-125, 2-7-127, and 2-10-301(G), as published by Thomson 
Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-888-
728-7677; website: http://legalsolutions.thomsonreuters.com.
    The regulatory provisions include:
    The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, 
effective September 15, 2017 (2016 Edition, as amended by the 2017 
Supplement): Subchapter 1, Sections 252:205-1-1(a),

[[Page 6816]]

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 
introductory paragraph, 252:205-3-1(1), 252:205-3-2(a)(2), 252:205-
3-2(b), 252:205-3-2(c) (2017 Supplement), 252:205-3-2(d) through 
(n), 252:205-3-4 through 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, 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) 
through (e), 252:205-11-2; and Subchapter 13, Sections 252:205-13-
1(a) through (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; website: https://www.sos.ok.gov/oar/Default.aspx.
* * * * *
[FR Doc. 2020-01478 Filed 2-5-20; 8:45 am]
 BILLING CODE 6560-50-P


