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 and April 6, 2009.
(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.
(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: http://www.sos.state.ok.us/oar/oar_welcome.htm. 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”, dated April 4, 2009.
(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 through 2007, 21 Oklahoma Statutes (O.S.), Sections 1230.1
et seq.
(ii)
Oklahoma Open Meetings Act, as amended through 2007, 25 Oklahoma Statutes (O.S.), Sections 301et seq.
(iii)
Oklahoma Statutes, Title 27A, “Environment and Natural Resources”, as amended through 2007: Chapter 1, “Oklahoma Environmental Quality Act”, Sections 1-1-101et 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, 2-7-115, 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 2-14-101et seq.
(iv)
Oklahoma Open Records Act, as amended through 2007, 51 Oklahoma Statutes (O.S.), Sections 24A.1
et seq.
(v)
Oklahoma Administrative Procedures Act, as amended through 2007, 75 Oklahoma Statutes (O.S.), Sections 250et seq.
(vi)
The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, Hazardous Waste Management, effective July 1, 2008: 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 through 2007, 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, 2008: 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.
The State's adoption of the Federal rules listed in the following table is not approved by the EPA and are, therefore, not enforceable:
| Federal requirement | FederalRegisterreference | Publicationdate |
|---|---|---|
| Toxicity Characteristics; Hydrocarbon Recovery Operations | 55 FR 40834 56 FR 3978 56 FR 13406 | 10/5/902/1/91 4/2/91 |
| Toxicity Characteristics; Chlorofluorocarbon Refrigerants | 56 FR 5910 | 2/13/91 |
| Administrative Stay for K069 Listing | 56 FR 19951 | 5/1/91 |
| Amendments to Interim Status Standards for Downgradient Ground-water Monitoring Well Locations | 56 FR 66365 | 12/23/91 |
| Removal of Legally Obsolete Rules | 60 FR 33912 | 6/29/95 |
| Mineral Processing Secondary Materials Exclusion—Amendments to 40 CFR | 63 FR 28556 | 5/26/98 |
| Methods Innovation: SW-846 | 70 FR 34538 70 FR 44150 | 6/14/058/1/05 |
(5) Memorandum of Agreement.
The Memorandum of Agreement between EPA Region 6 and the State of Oklahoma, signed by the EPA Regional Administrator on November 11, 2009, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921
et seq.
(6) Statement of Legal Authority.
“Attorney General's Statement for Final Authorization”, signed by the Attorney General of Oklahoma 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, and August 25, 2008 are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921
et seq.
(7) Program Description.
The Program Description and any other materials submitted as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921
et seq.