Okla. Stat. tit. 27A, § 27A-2-7-107

preemption.

A. In addition to other powers and duties specified by law, the

Board shall promulgate rules to:

1. Prohibit the placement of any liquid which is not a

hazardous waste in a landfill for which a permit is required or

which is operating under interim status;

2. Prohibit or restrict the storage of hazardous waste for

which land disposal is prohibited, except to the extent that such

storage is solely for the purpose of accumulation of such quantities

of hazardous wastes as are necessary to facilitate proper recovery,

treatment, or disposal;

3. Prohibit or restrict the use of waste or used oil or other

material used for dust suppression or road treatment, which is

contaminated or mixed with dioxin or any other waste identified or

listed by rules of the Board as a hazardous waste except a waste

identified solely on the basis of ignitability;

4. Require such monitoring and control of air emissions at

hazardous waste treatment, storage, and disposal facilities,

including but not limited to open tanks, surface impoundments, and

landfills, as may be necessary to protect human health and the

environment;

5. Regulate the production, burning, distribution, and

marketing of fuel containing hazardous waste, and the commercial

collection, storage, transportation, marketing, management, burning

and disposal of used oil as may be necessary to protect human health

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 170

and the environment including, but not limited to, labeling and

recordkeeping requirements;

6. Control the listed or identified hazardous wastes which

discharge through a sewer system to a publicly owned treatment works

for the protection of human health and the environment;

7. Provide in accordance with Sections 3005(c) and 3005(e) of

the Resource Conservation and Recovery Act for the automatic

termination of interim status for hazardous waste units failing to

comply with applicable requirements for the submission of part B

permit applications and certification of groundwater monitoring and

financial responsibility compliance;

8. Require from applicants for and owners and operators of

hazardous waste facilities evidence of financial responsibility for

corrective action as may be required or ordered under the authority

of the Oklahoma Hazardous Waste Management Act;

9. Require that generators of hazardous waste establish and

implement programs to reduce the volume or quantity and toxicity of

such waste to the extent economically practicable; and

10. Specify levels or methods of treatment which substantially

diminish the toxicity of the waste or likelihood of its migration so

as to minimize threats to human health and the environment.

B. The hazardous waste component of mixed waste and radioactive

waste shall be regulated as hazardous waste. The radioactive waste

component shall be regulated as radioactive waste. Both the

hazardous waste requirements and the radioactive waste requirements

shall apply if physical separation of the two components is not

accomplished. If a conflict exists between the two requirements,

the requirement most protective of human health and the environment

shall take precedence.

C. Rules pertaining to standards for the transportation of

hazardous waste and recyclable materials shall not be more stringent

than those of the U.S. Department of Transportation, unless a waiver

of preemption is granted pursuant to federal statutes and rules

promulgated thereunder.