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(a) The State of Oklahoma is approved to administer and enforce an underground storage tank program in lieu of the federal program under Subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's program, as administered by the Oklahoma Corporation Commission, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Oklahoma program on August 12, 1992 and it was effective on October 14, 1992.
(b) Oklahoma has primary responsibility for enforcing its underground storage tank program. However, EPA retains the authority to exercise its inspection and enforcement authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other statutory and regulatory provisions.
(c) To retain program approval, Oklahoma must revise its approved program to adopt new changes to the federal subtitle I program which make it more stringent, in accordance with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Oklahoma obtains approval for the revised requirements pursuant to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
(d) Oklahoma has final approval for the following elements submitted to EPA in Oklahoma's program application for final approval and approved by EPA on August 12, 1991. Copies may be obtained from the Underground Storage Tank Program, Oklahoma Corporation Commission, Jim Thorpe Building, Room 238, Oklahoma City, OK 73105.
(1) State statutes and regulations. (i) Incorporation by reference. The Oklahoma provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 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; website: https://www.sos.ok.gov/oar/Default.aspx. You may inspect all approved material at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102; Phone number (214) 665-2239 or the National Archives and Records Administration (NARA). For information on the availability of the material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
(A) Oklahoma Statutory Requirements Applicable to the Underground Storage Tank Program, 1995.
(B) Oklahoma Regulatory Requirements Applicable to the Underground Storage Tank Program, 1995.
(ii) The following statutes and regulations are part of the approved state program, although not incorporated by reference herein for enforcement purposes.
(A) The statutory provisions include:
(1) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank Regulation Act
§306 Corporation Commission-Powers and Duties
§310 Inspections and Investigations-Violations-Notice-Failure To Take Corrective Action-Notice and Hearing-Orders-Service of Instruments-Notice to Real Property Owner and Opportunity for Hearing
§312 Enforcement of Actions and Remedies-Action for Equitable Relief-Jurisdiction-Relief
(B) The regulatory provisions include:
(1) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks, Subchapter 9: Inspections, Testing, and Monitoring
Part 1: Inspections Part 5: Penalties Part 7: Field Citations Part 9: Shutdown of Operations
(2) Oklahoma Annotated Code, Chapter 27: Petroleum Storage Tank Release Indemnity Program, Subchapter 9: Administrative Provisions
§165:27-9-1 Hearing, Orders, and Appeals
§165:27-9-2 Changes to Rules
§165:27-9-3 Notices
§165:27-9-4 Severability
(iii) The following statutory and regulatory provisions are broader in scope than the federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes.
(A) Oklahoma Statutes, Chapter 14: Oklahoma Underground Storage Tank Regulation Act
§308 Permits-Necessity-Application-Issuance-Fees-Denial, Refusal to Issue, Suspension or Revocation-Financial Responsibility Coverage (Insofar as (B) applies to individuals other than UST system owners and operators.)
§318 Program for Certification of Underground Storage Tank Professionals-Meeting Training and Other Requirements for Federal Law and Regulations and State Statutes (Insofar as it applies to individuals other than UST owners and operators.)
(B) Oklahoma Annotated Code, Chapter 25: Underground Storage Tanks
(1) Subchapter 1: General Provisions
Part 9: Notification and Reporting Requirements (Insofar as 165:25-1-45 requires owners of exempt USTs to notify the Commission of the existence of such systems.)
(2) Subchapter 3: Release Prevention, Detection, and Correction
Part 9: Installation of Underground Storage Tank Systems (Insofar as 165:25-3-48 applies to individuals other than UST owners and operators.)
Part 19: Certification for UST Consultants (Insofar as it applies to individuals other than UST owners and operators.)
(2) Statement of legal authority. (i) "Attorney General's Statement for Final Approval", signed by the Attorney General of Oklahoma on June 21, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Oklahoma to EPA, June 21, 1990, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The "Demonstration of Procedures for Adequate Enforcement" submitted as part of the original application on June 25, 1989, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(4) Program Description. The program description and any other material submitted as part of the original application on June 25, 1989, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the Oklahoma Corporation Commission, signed by the EPA Regional Administrator on April 8, 1992, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
[84 FR 44232, Aug. 23, 2019]