SECTION 252:205-3-2. Incorporation by reference

(a)   Part 124. Procedures For Decision Making, those sections required by 40 CFR 271.14, with the following additions:

(1)   § 124.19(a) through (c) and (e);

(2)   §§ 124.31, 124.32, & 124.33, substituting DEQ for EPA, and deleting the following sentence from paragraph (a) of each section: "For the purposes of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR Part 271"; and

(3)   Subpart G.

(b)   Part 260. Hazardous Waste Management System: General, except 260.21.

(1)   In 260.20, "Federal Register" is synonymous with "The Oklahoma Register."

(2)   In 260.20(e), strike the words "or a denial."

(3)   In 260.22, references to the lists in Subpart D of Part 261 and the reference to §261.3(a)(2)(ii) or (c) shall mean the lists in Subpart D of Part 261 and § 261.3(a)(2)(ii) or (c) as adopted by reference and applicable in Oklahoma.

(4)   In the 260.10 definitions of "new tank system" and "existing tank system", the reference to "July 14, 1986" for commencement of tank installation applies only to tank regulations promulgated pursuant to the federal Hazardous and Solid Waste Amendment ("HSWA") requirements. The following categories outline HSWA requirements:

(A)   interim status and permitting requirements applicable to tank systems owned and operated by small quantity generators [3001(d)];

(B)   leak detection requirements for all new underground tank systems [3004(o)(4)]; and

(C)   permitting standards for underground tanks that cannot be entered for inspection [3004(w)]. For tank regulations promulgated pursuant to statutory authority other than HSWA, the date relative to the commencement of installation is November 2, 1987.

(c)   Part 261. Identification and Listing of Hazardous Waste except 261.150.

(1)   In 261.4(e)(3)(iii) delete "in the Region where the sample is collected".

(2)   In 261.31(a), the listing for F019, add at the end: "Zinc phosphate sludges meeting exemption conditions remain subject to regulation as hazardous waste if the waste exhibits a hazardous waste characteristic".

(d)   Part 262. Standards Applicable to Generators of Hazardous Waste except Subpart H. In 262.42(a)(2) and 262.42(b) delete "for the Region in which the generator is located". In 262.14(a)(5)(iv) and (v), add "other than Oklahoma" after the word "state".

(e)   Part 263. Standards Applicable to Transporters of Hazardous Waste.

(f)   Part 264. Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities. The following sections and subsections are not adopted by reference: 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), and 264.1080(g).

(1)   In 264.191(a), the compliance date of January 12, 1988 applies only for HSWA tanks. For non-HSWA tanks the compliance date is November 2, 1988.

(2)   In 264.191(c), the reference to July 14, 1986 applies only to HSWA tanks. For non-HSWA tanks the applicable date is November 2, 1987.

(3)   In 264.570(a) the dates December 6, 1990 and December 24, 1992 apply only to drip pads where F032 waste is handled. The dates June 22, 1992 and August 15, 1994 respectively, replace the dates December 6, 1990 and December 24, 1992 for drip pads where F034 or F035 wastes are handled.

(g)   Part 265. Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities except 265.1(c)(4), 265.1(c)(15), 265.149, 265.150, 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g).

(1)   In 265.191(a), the compliance date of January 12, 1988 applies only for HSWA tanks. For non-HSWA tanks the compliance date is November 2, 1988.

(2)   In 265.191(c), the reference to July 14, 1986 applies only to HSWA tanks. For non HSWA tanks the applicable date is November 2, 1987.

(3)   In 265.193, the Federal effective dates apply to HSWA tanks only. For non-HSWA tanks January 12, 1987 is replaced with November 2, 1987.

(4)   In 265.440(a) the dates December 6, 1990 and December 24, 1992 apply only to drip pads where F032 waste is handled. The dates June 22, 1992 and August 15, 1994 respectively, replace the dates December 6, 1990 and December 24, 1992 for drip pads where F034 or F035 wastes are handled.

(h)   Part 266. Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities. Due to an early incorporation by reference, for purposes of Part 266 only, HSWA and non-HSWA dates are the same. In 266.325, the reference to 10 CFR 1.5 is changed to 10 CFR 71.5.

(i)   Part 267. Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit. This permit option shall only be available to:

(1)   those persons who generate hazardous waste on-site through, or as a result of, industrial production processes;

(2)   wholly owned subsidiaries, owners, or sister companies of those persons specified in paragraph (1); and

(3)   agencies, departments, or units of the federal government or the State of Oklahoma.

(j)   Part 268. Land Disposal Restrictions, except 268.5, 268.6, 268.13, 268.42(b) and 268.44(a) through (g). In 268.7(a)(9)(iii) exclude D009 from the list of alternative treatment standards for lab packs.

(k)   Part 270. The Hazardous Waste Permit Program, except 270.1(c)(2)(ix), and 270.14(b)(18).

(l)   Part 273. Standards for Universal Waste Management.

(m)   Part 279. Standards for the Management of Used Oil, except that 279.82 is revised to read in its entirety, "The use of used oil as a dust suppressant is prohibited."

(n)   Excepted CFR Regulations. Authority for carrying out excepted CFR regulations remains with EPA.

[Source: Added at 16 Ok Reg 244, eff 11-2-98 (emergency); Added at 16 Ok Reg 1819, eff 6-11-99; Amended at 16 Ok Reg 3484, eff 8-3-99 (emergency); Amended at 17 Ok Reg 1475, eff 4-10-00 (emergency); Amended at 17 Ok Reg 1896, eff 6-12-00; Amended at 18 Ok Reg 643, eff 1-2-01 (emergency); Amended at 18 Ok Reg 1945, eff 6-11-01; Amended at 19 Ok Reg 1661, eff 6-13-02; Amended at 20 Ok Reg 1604, eff 6-12-03; Amended at 21 Ok Reg 1520, eff 6-11-04; Amended at 22 Ok Reg 1452, eff 6-15-05; Amended at 23 Ok Reg 931, eff 6-15-06; Amended at 24 Ok Reg 580, eff 1-4-07 (emergency); Amended at 24 Ok Reg 1281, eff 6-15-07; Amended at 26 Ok Reg 1192, eff 7-1-09; Amended at 33 Ok Reg 1463, eff 9-15-16; Amended at 34 Ok Reg 1194, eff 9-15-17; Amended at 37 Ok Reg 1288, eff 9-15-20]