[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Rules and Regulations]
[Pages 29231-29235]
[FR Doc No: 2012-11875]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-2011-0484 FRL-9652-9a]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

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 July 16, 2012, unless the EPA
receives adverse written comment on this regulation by the close of
business June 18, 2012. If the EPA receives such comments, it will
publish a timely withdrawal of this immediate 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 July 16, 2012 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:[sol][sol]www.regulations.gov.
Follow the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, 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: Direct your comments to Docket ID No. EPA-R06-RCRA-
2011-0484. EPA's policy is that all comments received will be included
in the public docket without change, including personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov,
or email. The Federal 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
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:[sol][sol]www.spa.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<PHONE_NUMBER>. 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,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division,<PHONE_NUMBER> or<PHONE_NUMBER>, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733, and email address
<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
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. 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), and May 6, 2011 (76 FR 18927). 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), and August 27, 2010 (75 FR 36546). In this document, the EPA is
revising Subpart LL of 40 CFR part 272 to include the authorization
revision actions effective April 6, 2009 (74 FR 5994) and June 6, 2011
(76 FR 18927).

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

    The purpose of this Federal Register document is to codify
Oklahoma's base hazardous waste management program revisions RCRA
Clusters XVII through XVIII. The EPA provided notices 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 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 non-authorized 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.
    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). 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.
    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. The
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is
also exempt from review under Executive order 12866 (56 FR 51735,
October 4, 1993). 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. 104B-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). This action will be effective July 16, 2012.

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: March 16, 2012.
Al Armendariz,
 Regional Administrator, Region 6.

    For the reasons set forth in the preamble, 40 CFR part 272 is
amended 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) 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, and May 6,
2011.
    (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:<PHONE_NUMBER>; Web site: 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<PHONE_NUMBER>), or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, 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 May 2011.
    (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 through July 1,
2009, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meetings Act, as amended through July 1, 2009,
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes, Title 27A, ``Environment and Natural
Resources'', as amended through July 1, 2009: 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, 2-7-115, 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 through July 1, 2009, 51
Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended through

July 1, 2009, 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, 2009: 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 July 1, 2009, 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, 2009: 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:

----------------------------------------------------------------------------------------------------------------
                                                                                Publication
             Federal requirement                          Federal Register  reference                  date
----------------------------------------------------------------------------------------------------------------
Toxicity Characteristics; Hydrocarbon          55 FR 40834......................................         10/5/90
 Recovery Operations.                          56 FR 3978.......................................          2/1/91
                                               56 FR 13406......................................          4/2/91
Toxicity Characteristics; Chlorofluorocarbon   56 FR 5910.......................................         2/13/91
 Refrigerants.
Administrative Stay for K069 Listing.........  56 FR 19951......................................          5/1/91
Amendments to Interim Status Standards for     56 FR 66365......................................        12/23/91
 Downgradient Ground[dash]water Monitoring
 Well Locations.
Removal of Legally Obsolete Rules............  60 FR 33912......................................         6/29/95
Mineral Processing Secondary Materials         63 FR 28556......................................         5/26/98
 Exclusion.--Amendments to 40 CFR.
Methods Innovation: SW-846...................  70 FR 34538......................................         6/14/05
                                               70 FR 44150......................................          8/1/05
----------------------------------------------------------------------------------------------------------------

     (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Oklahoma, signed by the EPA Regional
Administrator on March 11, 2011, 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, August 25, 2008, and March
26, 2010 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.
    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.) 1997 Edition (unless otherwise specified),
Sections 2-7-103 (2008 supplement), 2-7-108(A) (2010 Annual
Cumulative Pocket Part), 2-7-108(B)(1) (2010 Annual Cumulative
Pocket Part), 2-7-108(B)(3) (2010 Annual Cumulative Pocket Part), 2-
7-108(C) (2010 Annual Cumulative Pocket Part), 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 (2010 Annual Cumulative Pocket
Part), 2-7-127 and 2-10-301(G) (2010 Annual Cumulative Pocket Part),
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, 2009: 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, 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:<PHONE_NUMBER>;Web
site: www.sos.state.ok.us/oar/oar_welcome.htm.
* * * * *
[FR Doc. 2012-11875 Filed 5-16-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 17, 2008 (Volume 73, Number 12)]
[Notices]
[Page 3246-3247]
[DOCID:fr17ja08-45]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 459-200]

Osage Hydroelectric Project; Notice of Application for Amendment
of License and Soliciting Comments, Motions To Intervene, and Protests

January 9, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment Application.
    b. Project No: 459-200.
    c. Date Filed: November 19, 2007.
    d. Applicant: AmerenUE.
    e. Name of Project: Osage Hydroelectric Project.
    f. Location: On the Osage River, in Benton, Camden, Miller, and
Morgan Counties, Missouri. The project is located immediately
downstream from the U.S. Army Corps of Engineers' Harry S. Truman Dam
and occupies 1.6 acres of inundated federal lands administered by the
Bureau of Land Management.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Mark Birk, Vice President--Power
Operations, AmerenUE, One Ameren Plaza, 1901 Chouteau Avenue, P.O. Box
66149, St. Louis, Missouri 63166-6149,<PHONE_NUMBER>.
    i. FERC Contact: Jake Tung, Telephone<PHONE_NUMBER>, and e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing comments, motions to intervene, and protest:
February 11, 2008. All documents (original and eight copies) should be
filed with: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: AmerenUE proposes to amend the license
for the Osage Project to replace two main turbines with two new Voith
Siemens turbines. Each of the new turbines would have a rated installed
capacity of 31,500 kW, and a rated hydraulic capacity of 4,400 cfs, as
compared to the existing 25,125 kW and 4,210 cfs, respectively. The
total increase of rated hydraulic capacity would be 380 cfs. The
project's total generating capacity would remain unchanged at 176,200
kW, which is limited by generators capacities.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-719 Filed 1-16-08; 8:45 am]

BILLING CODE 6717-01-P


Notes from PCNB Reregistration Meeting

Thursday, January 26, 2006, 1:30-3:30pm

Attendees:

Amvac:  Ian Chart, Jon Wood,   SEQ CHAPTER \h \r 1 Cliff Habig, Charles
Staples, Joe Conti

Chemtura:  Kevin Donovan,   SEQ CHAPTER \h \r 1 Betsy Katzman, Stuart
Cohen, Ray Cardona,

(Mark Schocken on the phone)

EPA:  Tara Chand-goyal, David Donaldson, Steve Bradbury, Betsy Behl, Tom
Steeger, Cheryl Sutton, Christopher Salice,   SEQ CHAPTER \h \r 1
Margaret Rice, Tom Myers, Jill Bloom, Arty Williams (for part of the
meeting)

The agenda for the meeting followed the approximate order of issues
discussed in registrants’ letters of December 21, 2005 and January 19,
2006.  The registrants provided hard copies of the slides presented
during the meeting (attached).  The purpose of the meeting was to air
residual risk issues (particularly those related to ecological risk,
persistence, bioaccumulation, and long-range transport).  The Agency has
addressed comments from the registrants on these topics previously and
extensively; these responses are available on the Public Docket for the
reregistration of PCNB.  Other issues raised by the registrants for the
first time are presented in the attachment.

PCNB and the POPs Criteria

Commenting on registrant statements, the Agency clarified that it is not
proposing PCNB should be a listed POP, but that PCNB and its metabolites
share characteristics with listed POPs chemicals, and meet or exceed
some criteria for POPs chemicals and PBTs.  The registrants are
concerned about the message the public might take away from the
PCNB/POPs discussion.  The Agency expressed a willingness to revise the
draft RED to clarify its characterization of PCNB with respect to the
POPs treaty.

Bioaccumulation

The registrants posit that PCNB does not bioaccumulate because it is
rapidly depurated in aquatic species.  The Agency considered more than
just bioconcentration in fish in its assessment, and believes that the
registrants argument concerning bioaccumulation and trophic levels is
not accurate.  The opportunity for depuration is limited because
exposures to PCNB and its PCA degradate would likely be continuous.
Studies clearly indicate that BCF factors for PCNB range as high as
20,000X.

Page 1 of 3

Long-range transport

The registrants maintain that, with the large body of research conducted
on long-range transport to pristine areas, significant transport of PCNB
would have been, and has not been, reported.  The registrant believes
that infrequent citation of detects adds uncertainty to the Agency’s
assessment.  The Agency believes that most of the studies available in
the literature did not involve monitoring specifically for PCNB or its
metabolites, while studies targeting PCNB and PCA have demonstrated
movement to areas where there is no history of use.

Persistence

The registrants believe that PCNB may be persistent, but not as
persistent as the Agency has concluded based on half-life data,
particularly because of the way the Agency accounts for volatility in
its modeling.  The Agency has addressed this concern about the
contribution of volatiles extensively in several documents and meetings
with the registrants.  The Agency reiterated that one of the two aerobic
soil metabolism studies is not adequate for use in the risk assessment.
The Agency also noted that conclusions about persistence are not based
solely on the characteristics of the parent PCNB, but also on the
characteristics of the metabolites.  The Agency believes that its
classification of PCNB as persistent in the environment is consistent
with international standards.  Additionally, residues of PCNB occur with
frequency in crops when PCNB has not been applied for several seasons,
substantiating the persistence of PCNB in certain environmental
compartments

Ecological Risk Assessment

The registrants believe that 1) wildlife exposures are overestimated by
the Agency’s reliance on the standard nomogram, 2) chronic exposures
should be based on mean exposures, 3) risks to mammals may be overstated
because the endpoint was taken from a gavage study, 4) the mammalian
NOEC should be an order of magnitude higher, so RQs should be lower.

The Agency believes that its assessments of exposure and effects of PCNB
closely adhere to the methods defined in the Overview of the Ecological
Risk Assessment Process in OPP.  The Agency acknowledged that the use of
maximum residues is intended to be protective; however, mean residues
would likely be exceeded 50% of the time.

While the risk assessment identifies the uncertainties associated with
the use of hepatic and thyroidal effects for assessing chronic risk in
mammals, these endpoints are consistent with those used by the Health
Effects Division for estimating risks to humans. However, a more
sensitive endpoint, decreased pup growth, has also been measured.  Had
decreased pup growth been used to assess chronic risk, then mammalian RQ
values would have increased by an order of magnitude.

Page 2 of 3

Comparing conclusions from the other ecorisk assessments

The registrants cite ranges of RQs from three REDs (chlorothalonil,
dicofol, iprodione) to show that they are in many cases higher than the
RQs the Agency has calculated for PCNB, but the risk mitigation the
Agency desires for PCNB is much greater than that applied to the three
RED chemicals.

The Agency indicated it would look over the comparison, but noted that
its risk mitigation decisions for PCNB are based not just on risks but
also on benefits and non-quantified concerns (like persistence,
long-range transport, etc.).  No information was provided by the
registrants to support the relevance of its comparison to the issues
identified for PCNB in terms of persistence, toxicity, bioaccumulation
and possible alternatives.

Alternatives

The registrants mentioned potential constraints related to the use of
alternatives.  EPA requested further detail on these constraints as they
apply to specific alternative products so that the Agency could evaluate
them in a more systematic manner.

Follow-up

The Agency agreed to address the issue the registrants raised with
respect to PCNB and the REDs for chlorothalonil, dicofol, iprodione, and
evaluate the alternatives information to be submitted by the
registrants.  The Agency concluded that we have discussed the remaining
technical issues with the registrants, and that it would soon be time to
move the debate into the public environment.

Page 3 of 3


[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35657-35658]
[FR Doc No: 2018-16030]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-2478]

Recommendations for Reducing the Risk of Transfusion-Transmitted
Babesiosis; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft document entitled ``Recommendations for
Reducing the Risk of Transfusion-Transmitted Babesiosis; Draft Guidance
for Industry.'' The draft guidance document notifies blood
establishments that collect blood and blood components that we have
determined babesiosis to be a relevant transfusion-transmitted
infection (RTTI) and provides recommendations for donor screening,
donation testing, donor deferral, and product management to reduce the
risk of transfusion-transmitted babesiosis (TTB). The recommendations
contained in the guidance apply to the collection of blood and blood
components, except Source Plasma.

DATES: Submit either electronic or written comments on the draft
guidance by September 25, 2018 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-2478 for ``Recommendations for Reducing the Risk of
Transfusion-Transmitted Babesiosis; Draft Guidance for Industry.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research (CBER), Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist the office in
processing your requests. The draft guidance may also be obtained by
mail by calling CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance document.

FOR FURTHER INFORMATION CONTACT: Valerie A. Butler, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document entitled
``Recommendations for Reducing the Risk of Transfusion-Transmitted
Babesiosis; Draft Guidance for Industry.'' The draft guidance document

notifies blood establishments that collect blood and blood components
that we have determined babesiosis to be an RTTI under 21 CFR
630.3(h)(2) and provides recommendations for donor screening, donation
testing, donor deferral, and product management to reduce the risk of
TTB. The recommendations contained in the draft guidance document
applies to the collection of blood and blood components, except Source
Plasma.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on
recommendations for reducing the risk of transfusion-transmitted
babesiosis. It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.
This guidance is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 601 have been approved under
OMB control number 0910-0338, and the collections of information in 21
CFR part 606, 21 CFR 610.40(h), and 21 CFR 630.40 have been approved
under OMB control number 0910-0116.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: July 20, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-16030 Filed 7-26-18; 8:45 am]
BILLING CODE 4164-01-P