Approval of Changes To Oklahoma DEQ Hazardous Waste Programs

Written By: Caltha LLP | Published On: 29th May 2013 | Category: Waste | RSS Feed

Oklahoma Department of Environmental Quality (DEQ) has applied to the EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA) and EPA has determined that these changes satisfy all its requirements. EPA published a final direct rule to authorize the changes without a prior proposal because the agency believes the action is not controversial and do not expect comments that oppose it. This final authorization will become effective on July 29, 2013 unless the EPA receives adverse written comment by June 28, 2013.

As background, States which have received final authorization from the EPA under RCRA must maintain a hazardous waste program 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.

DEQ has responsibility for permitting treatment, storage, and disposal facilities within its borders. The State of Oklahoma opportunity to request approval from EPA to administer RCRA subtitle C in Indian Country , however the EPA will implement those requirements and prohibitions in Oklahoma including issuing permits, until the State is granted authorization to do so. EPA retains its 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.

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