Okla. Admin. Code § 252:205-25-1

Current through Vol. 41, No. 19, June 17, 2024

Section 252:205-25-1 - General

(a)Purpose, scope and applicability. The Environmental Quality Board has adopted 40 CFR 260.22 by reference. The federal rule is intended to allow persons to exclude a waste at a particular generating facility from the lists in subpart D of 40 CFR 261. When excluded by EPA, the exclusion is applicable in all States that do not have delisting delegation. Wastes excluded by Oklahoma are excluded in Oklahoma only. Excluded wastes may still be hazardous waste by characteristic under subpart C of 40 CFR 261.

(b)Procedure for petitions to exclude a waste. All persons seeking to exclude a waste from some or all requirements under OAC 252:205 must submit a Petition to the DEQ pursuant to 40 CFR 260.20 and 260.22, incorporated by reference at 252:205-3-2, and this subchapter. Additionally, the exclusion of a waste pursuant to a DEQ approved Petition shall be a rulemaking and shall follow the procedures specified in 252:4-5. The person submitting the Petition ("Petitioner") shall follow the exclusion procedure described below:

(1) A pre-petition letter of interest must first be submitted to the DEQ;

(2) A pre-petition scoping meeting must be held with the DEQ;

(3) A pre-petition sampling and analysis plan for data gathering must be submitted for DEQ review and approval;

(4) At least three (3) copies of an approvable waste exclusion petition must be submitted to the DEQ.

Okla. Admin. Code § 252:205-25-1

Added at 22 Ok Reg 1452, eff 6-15-05