[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Rules and Regulations]
[Pages 15273-15276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6275]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2012-0054; FRL-9647-7]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Oklahoma has applied to the EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes 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 changes without a
prior proposal because we believe this action is not controversial and
do not expect comments that oppose it. Unless we receive written
comments which oppose this authorization during the comment period, the
decision to authorize Oklahoma's changes to its hazardous waste program
will take effect. If we receive comments that oppose this action, we
will publish a document in the Federal Register withdrawing this rule
before it takes effect, and a separate document in the proposed rules
section of this Federal Register will serve as a proposal to authorize
the changes.
DATES: This final authorization will become effective on May 14, 2012
unless the EPA receives adverse written comment by April 16, 2012. If
the EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, 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, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. The Federal
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 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.
You can view and copy Oklahoma's application and associated
publicly available materials from 8:30 a.m. to 4 p.m. Monday through
Friday at the following locations: 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,
phone number (214) 665-8533. 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, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program
[[Page 15274]]
that is equivalent to, consistent with, and no less stringent than the
Federal program. As the Federal program changes, States must change
their programs and ask the 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
the EPA's regulations in 40 Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and 279.
B. What decisions have we made in this rule?
We conclude that Oklahoma's application to revise its authorized
program 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. Also section 10211(a) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of 2005 (``SAFETEA''), Public Law
109-59, 119 Statute 1144 (August 10, 2005) provides the State of
Oklahoma opportunity to request approval from EPA to administer RCRA
subtitle C in Indian Country and for carrying out the aspects of the
RCRA program described in its revised program application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Oklahoma including issuing permits, until the State is
granted authorization to do so.
C. What is the effect of today's authorization decision?
The effect of this decision is that a facility in Oklahoma subject
to RCRA will now have to comply with the authorized State requirements
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 the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which Oklahoma is being
authorized by today's action is already effective under State law, and
are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
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. 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.
E. What happens if the EPA receives comments that oppose this action?
If the 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. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For what has Oklahoma previously been authorized?
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 (58 FR 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 (62 FR 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 10, 2000; January 2, 2001 (66 FR 28-
33) effective March 5, 2001; April 9, 2003 (68 FR 17308-17311)
effective June 9, 2003 and February 4, 2009 (74 FR 5994-6001). The
authorized Oklahoma RCRA program was incorporated by reference into the
CFR published on December 9, 1998 (63 FR 67800-67834) effective
February 8, 1999, August 26, 1999 (64 FR 46567-46571) effective October
25, 1999, August 27, 2003 (68 FR 51488-51492) effective October 27,
2003, August 27, 2010 (75 FR 36546) June 28, 2010 and (66 FR 18927-
18930) effective June 6, 2011. On December 20, 2011, Oklahoma submitted
a final complete program revision application seeking authorization of
its program revision in accordance with 40 CFR 271.21.
The Oklahoma Hazardous Waste Management Act (``OHWMA'') provides
the ODEQ with the authority to administer the State Program, including
the statutory and regulatory provisions necessary to administer the
provisions of RCRA Cluster XX, and designates the ODEQ as the State
agency to cooperate and share information with EPA for the purpose of
hazardous waste regulation. The Oklahoma Environmental Quality Code
(``Code''), at 27 A O.S. Section 2-7101 et seq. establishes the
statutory authority to administer the Hazardous waste management
program and subtitle C. The State regulations to manage the Hazardous
waste management program are at Oklahoma Administrative Code (OAC)
Title 252 Chapter 205.
The DEQ adopted applicable Federal hazardous waste regulations as
amended through July 1, 2011. The provisions for which the State of
Oklahoma is seeking authorization are documented in the Regulatory
Documentation For Federal Provisions For Which The State Of Oklahoma Is
[[Page 15275]]
Seeking Authorization, Federal Final Rules Published Between July 1,
2009 Through June 30, 2010 RCRA Cluster XX, prepared on April 22, 2011.
The DEQ incorporates the Federal regulations by reference and there
have been no changes in State or Federal laws or regulations that have
diminished the DEQ's ability to adopt the Federal regulations by
reference as set forth in the authorizations at 75 FR 1236-1262, 75 FR
12989-13009, 75 FR 31716-31717 and 75 FR 33712-33724 for RCRA Cluster
XX. The Federal Hazardous waste regulations are adopted by reference by
the DEQ at OAC 252:205, Subchapter 3. The DEQ does not adopt Federal
regulations prospectively.
The State Hazardous waste management program (``State Program'')
now has in place the statutory authority and regulations for all
required components of Checklists 222, 223, and 224 in Cluster XX.
These statutory and regulatory provisions were developed to ensure the
State program is equivalent to, consistent with and no less stringent
than the Federal Hazardous waste management program.
The Environmental Quality Act, at 27A O.S. Section 1-3-101(E),
grants the Oklahoma Corporation Commission (``OCC'') authority to
regulate certain aspects of the oil and gas production and
transportation industry in Oklahoma, including certain wastes generated
by pipelines, bulk fuel sales terminals and certain tank farms, as well
as underground storage tanks. To clarify areas of environmental
jurisdiction, the ODEQ and OCC developed an ODEQ/OCC Jurisdictional
Guidance Document to identify respective areas of jurisdiction. The
current ODEQ/OCC jurisdictional Guidance Document was amended and
signed on January 27, 1999. The revisions to the State Program
necessary to administer Cluster XX will not affect the jurisdictional
authorities of the ODEQ or OCC.
The Board adopted RCRA Cluster XX amendments on November 16, 2010
and became effective on July 1, 2011. The rules were also codified at
OAC 252:205 et seq., Subchapter 3.
Pursuant to OAC 252:205-3-2, the State's incorporation of Federal
regulations does not incorporate prospectively future changes to the
incorporated sections of the 40 CFR, and no other Oklahoma law or
regulation reduces the scope of coverage or otherwise affects the
authority provided by these incorporated-by-reference provisions.
Further, Oklahoma interprets these incorporated provisions to provide
identical authority to the Federal provisions. Thus, OAC Title 252,
Chapter 205 provides equivalent and no less stringent authority than
the Federal Subtitle C program in effect July 1, 2011. The State of
Oklahoma incorporate by reference the provisions of 40 Code of Federal
Regulations (CFR) parts 124 of 40 CFR that are required by 40 CFR
271.14 (with the addition of 40 CFR 124.19(a) through (c), 124.19(e),
124.31, 124.32, 124.33 and Subpart G); 40 CFR parts 260-268 [with the
exception of 260.21, 262 Subparts E and H, 264.1(f), 264.1(g)(12),
264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e),
264.1080(f), 264.1080(g), 265.1(c)(4), 265.1(g)(12), 265.149, 265.150,
265.1030(c), 265.1050(f) 265.1080(e), 265.1080(f), 265.1080(g), 268.5,
268.6, 268.13, 268.42(b), and 268.44(a) through (g)]; 40 CFR part 270
[with the exception of 270.1(c)(2) (ix and 270.14(b)(18)]; 40 CFR part
273; and 40 CFR part 279.
The DEQ is the lead Department to cooperate and share information
with the EPA for purpose of hazardous waste regulation.
Pursuant to 27A O.S. Section 2-7-104, the Executive Director has
created the Land Protection Division (LPD) to be responsible for
implementing the State Program. The LPD is staffed with personnel that
have the technical background and expertise to effectively implement
the provisions of the State program subtitle C Hazardous waste
management program.
G. What changes are we approving with today's action?
On December 20, 2011, the State of Oklahoma submitted final
complete program applications, 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 revisions promulgated
from July 1, 2009 through June 31, 2010 (RCRA Cluster XX). Oklahoma
requirements are included in a chart with this document.
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Federal Register
Description of federal date and page (and/ Analogous state
requirement (include checklist or RCRA statutory authority
number, if relevant) authority
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1. OECD Requirement; Export 75 FR 1236-1262 Oklahoma Statutes
Shipments of Spend Lead-Acid January 8, 2010. Title 27A Section
Batteries. (Checklist 222). 2-7-101 et seq.;
Oklahoma
Administrative
Code amended
November 16,
2010. Oklahoma
Hazardous Waste
Management Act,
as amended
effective July 1,
2011.
2. Hazardous Waste Technical 75 FR 12989-13009, Oklahoma Statutes
Corrections and Clarification. 75 FR 31716-31717 Title 27A Section
(Checklist 223). March 18, 2010, 2-7-101 et seq.;
and June 4, 2010. Oklahoma
Administrative
Code amended
November 16,
2010. Oklahoma
Hazardous Waste
Management Act,
as amended
effective July 1,
2011.
3. Withdrawal of the Emission 75 FR 33712-33724 Oklahoma Statutes
Comparable Fuel Exclusion. June 15, 2010. Title 27A Section
(Checklist 224). 2-7-101 et seq.;
Oklahoma
Administrative
Code amended
November 16,
2010. Oklahoma
Hazardous Waste
Management Act,
as amended
effective July 1,
2011.
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H. Where are the revised State rules different from the Federal rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who handles permits after the authorization takes effect?
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 new permits or new portions
of permits for the provisions listed in the
[[Page 15276]]
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.
J. How does today's action affect Indian Country (8 U.S.C. 1151) in
Oklahoma?
Section 8 U.S.C. 1151 does not affect the State of Oklahoma because
under section 10211(a) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act of 2005 (``SAFETEA''), Public Law 109-59, 119
Statute 1144 (August 10, 2005) provides the State of Oklahoma
opportunity to request approval from EPA to administer RCRA subtitle C
in Indian Country and for carrying out the aspects of the RCRA program
described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
K. What is codification and is the EPA codifying Oklahoma's hazardous
waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart LL for this authorization of Oklahoma's program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. Administrative Requirements
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. The
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is
also exempt from review under Executive orders 12866 (56 FR 51735,
October 4, 1993). This action authorizes State requirements for the
purpose of RCRA 3006 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 action authorizes preexisting 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 (Pub. L. 104-4). 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 authorizes State requirements as part of the State
RCRA hazardous waste 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 3006(b), the 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 the 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. 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 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. 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). This action will be effective May 14, 2012.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
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: March 7, 2012.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-6275 Filed 3-14-12; 8:45 am]
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