Arkansas: Final Authorization of State Hazardous Waste Management Program Revision, 64678-64682 [2014-25724]
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations
Inert ingredients
Limits
Uses
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a-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-w-hydroxypolyoxyethylene Not to exceed 30% of formulapolymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters
tion.
and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles, (CAS Reg. Nos.: 9004–80–2, 9046–01–9, 26982–05–8,
31800–89–2, 37280–82–3, 37281–86–0, 39341–09–8, 39341–65–6, 39464–66–9, 39464–69–2,
42612–52–2, 50643–20–4, 50668–50–3, 51325–10–1, 51884–64–1, 52019–36–0, 52019–38–2,
52019–38–2, 57486–09–6, 58206–38–5, 58318–92–6, 58857–49–1, 59112–71–9, 60267–55–2,
61837–79–4, 62362–49–6, 62482–61–5, 63747–86–4, 63887–54–7, 63887–55–8, 66020–37–9,
66272–25–1, 66281–20–7, 67711–84–6, 67786–06–5, 67989–06–4, 68070–99–5, 68071–17–0,
68071–35–2, 68071–37–4, 68130–44–9, 68130–45–0, 68130–46–1, 68130–47–2, 68186–29–8,
68186–34–5, 68186–36–7, 68186–37–8, 68238–84–6, 68311–02–4, 68311–04–6, 68332–75–2,
68389–72–0, 68400–75–9, 68413–78–5, 68425–73–0, 68425–75–2, 68439–39–4, 68458–48–0,
68511–15–9, 68511–36–4, 68511–37–5, 68551–05–3, 68585–15–9, 68585–16–0, 68585–17–1,
68585–36–4, 68585–39–7, 68603–24–7, 68607–14–7, 68610–64–0, 68610–65–1, 68649–29–6,
68649–30–9, 68650–84–0, 68815–11–2, 68855–46–9, 68856–03–1, 68890–90–4, 68890–91–5,
68891–12–3, 68891–13–4, 68891–26–9, 68908–64–5, 68909–65–9, 68909–67–1, 68909–69–3,
68921–24–4, 68921–60–8, 68954–87–0, 68954–88–1, 68954–92–7, 68987–35–9, 69029–43–2,
69980–69–4, 70247–99–3, 70248–14–5, 70844–96–1, 70903–63–8, 71965–23–6, 71965–24–7,
72480–27–4, 72623–67–7, 72623–68–8, 72828–56–9, 72828–57–0, 73018–34–5, 73038–25–2,
73050–08–5, 73050–09–6, 73361–29–2, 73378–71–9, 73378–72–0, 73559–42–9, 73559–43–0,
73559–44–1, 73559–45–2, 74499–76–6, 76930–25–1, 78041–18–6, 78330–22–0, 78330–24–2,
82465–25–6, 84843–37–8, 91254–26–1, 93925–54–3, 95014–34–9, 96416–89–6, 99924–51–3,
103170–31–6, 103170–32–7, 106233–09–4, 106233–10–7, 108818–88–8, 110392–49–9,
111798–26–6, 111905–50–1, 116671–23–9, 117584–36–8, 119415–05–3, 120913–45–3,
121158–61–0, 121158–63–2, 123339–53–7, 125139–13–1, 125301–86–2, 125301–87–3,
126646–03–5, 129208–04–4, 129870–77–5, 129870–80–0, 130354–37–9, 136504–88–6,
143372–50–3, 143372–51–4, 144336–75–4, 146815–57–8, 151688–56–1, 154518–39–5,
154518–40–8, 155240–11–2, 159704–69–5, 160498–49–7, 160611–24–5, 171543–66–1,
172027–16–6, 172274–69–0, 176707–42–9, 181963–82–6, 188741–55–1, 191940–53–1,
210493–60–0, 210993–53–6, 246159–55–7, 251298–11–0, 261627–68–3, 290348–69–5,
290348–70–8, 317833–96–8, 340681–28–9, 422563–19–7, 422563–26–6, 522613–09–8,
717140–06–2, 717140–09–5, 717827–29–7, 762245–80–7, 762245–81–8, 866538–89–8,
866538–90–1, 873662–29–4, 913068–96–9, 936100–29–7, 936100–30–0, 1072943–56–6,
1087209–87–7, 1174313–54–2, 1187742–89–7, 1187743–35–6, 1205632–03–6, 1233235–49–
8, 1451002–50–8, 1456802–88–2, 1456802–89–3, 1456803–12–5).
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Surfactants, related adjuvants
of surfactants.
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a-alkyl(C6- C15)-w-hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, po- Not to exceed 30% of formulatassium, sodium, and zinc salts, poly(oxyethylene) content averages 2–4 moles (CAS Reg.
tion.
Nos.: 3088–31–1, 3694–74–4, 9004–82–4, 9004–84–6, 9021–91–4, 9086–52–6, 13150–00–0,
15826–16–1, 25446–78–0, 26183–44–8, 27140–00–7, 27731–61–9, 27731–61–9, 27731–62–0,
32612–48–9, 34431–25–9, 35015–74–8, 50602–06–7, 52286–18–7, 52286–19–8, 54116–08–4,
55901–67–2, 61702–79–2, 61894–66–4, 62755–21–9, 63428–85–3, 63428–86–4, 63428–87–5,
65086–57–9, 65086–79–5, 65104–74–7, 65122–38–5, 67674–66–2, 67762–19–0, 67762–21–4,
67845–82–3, 67845–83–4, 67923–90–4, 68037–05–8, 68037–06–9, 68171–41–5, 68424–50–0,
68511–39–7, 68585–34–2, 68610–66–2, 68611–29–0, 68611–55–2, 68649–53–6, 68890–88–0,
68891–29–2, 68891–30–5, 68891–38–3, 69011–37–6, 73665–22–2, 75422–21–8, 78330–16–2,
78330–17–3, 78330–25–3, 78330–26–4, 78330–27–5, 78330–28–6, 78330–29–7, 78330–30–0,
96130–61–9, 106597–03–9, 110392–50–2, 119432–41–6, 125301–88–4, 125301–89–5,
125301–92–0, 125736–54–1, 157707–85–2, 160104–51–8, 160901–27–9, 160901–28–0,
160901–29–1, 160901–30–4, 161025–28–1, 161074–79–9, 162063–19–6, 219756–63–5).
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
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[EPA–R06–RCRA–2014–0366; FRL–9918–
56–Region 6]
Arkansas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION:
Direct final rule.
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The State of Arkansas has
applied to the EPA for final
authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has determined that
these changes satisfy all requirements
needed to qualify for Final
authorization, and is authorizing the
State’s changes through this direct final
action. The EPA is publishing this rule
to authorize the changes without a prior
proposal because we believe this action
is not controversial and do not expect
comments that oppose it. Unless we
receive written comments which oppose
this authorization during the comment
period, the decision to authorize
Arkansas’ changes to its hazardous
SUMMARY:
[FR Doc. 2014–25949 Filed 10–30–14; 8:45 am]
AGENCY:
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waste program will take effect. If we
receive comments that oppose this
action, we will publish a document in
the Federal Register withdrawing this
rule before it takes effect, and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will
become effective on December 30, 2014
unless the EPA receives adverse written
comment by December 1, 2014. If the
EPA receives such comment, it will
publish a timely withdrawal of this
direct final rule in the Federal Register
and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments by
one of the following methods:
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or email. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. You can view and
copy Arkansas’ application and
associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday
through Friday at the following
locations: Arkansas Department of
Environmental Quality, 8101 Interstate
30, Little Rock, Arkansas 72219–8913,
(501) 682–0876, and EPA, Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733, phone number (214) 665–8533.
Interested persons wanting to examine
these documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, (214)
665–8533, EPA Region 6, 1445 Ross
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Avenue, Dallas, Texas 75202–2733, and
Email address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), 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.
B. What decisions have we made in this
rule?
We conclude that Arkansas’
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Arkansas
Final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Arkansas has responsibility
for permitting treatment, storage, and
disposal facilities within its borders
(except in Indian Country) and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in
Arkansas including issuing permits,
until the State is granted authorization
to do so.
C. What is the effect of today’s
authorization decision?
The effect of this decision is that a
facility in Arkansas is subject to RCRA
will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. The State
of Arkansas has enforcement
responsibilities under its State
hazardous waste program for violations
of such program, but the EPA retains its
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64679
authority under RCRA sections 3007,
3008, 3013, and 7003, which include,
among others, 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.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Arkansas is being
authorized by today’s action is already
effective under State law, and are not
changed by today’s action.
D. Why wasn’t there a proposed rule
before today’s rule?
The EPA did not publish a proposal
before today’s rule because we view this
as a routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, we will
withdraw this rule by publishing a
document in the Federal Register before
the rule becomes effective. The EPA will
base any further decision on the
authorization of the State program
changes on the proposal mentioned in
the previous paragraph. We will then
address all public comments in a later
final rule. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time. If we receive
comments that oppose only the
authorization of a particular change to
the State hazardous waste program, we
will withdraw only that part of this rule,
but the authorization of the program
changes that the comments do not
oppose will become effective on the
date specified in this document. The
Federal Register withdrawal document
will specify which part of the
authorization will become effective, and
which part is being withdrawn.
F. For what has Arkansas previously
been authorized?
Arkansas initially received final
authorization on January 25, 1985, (50
FR 1513) to implement its Base
Hazardous Waste Management program.
Arkansas received authorization for
revisions to its program on January 11,
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations
1985 (50 FR 1513), effective January 25,
1985; March 27, 1990 (55 FR 11192)
effective May 29, 1990; September 18,
1991 (56 FR 47153) effective November
18, 1991; October 5, 1992 (57 FR 45721)
effective December 4, 1992; October 7,
1994 (59 FR 51115) effective December
21, 1994, April 24, 2002 (67 FR 20038)
effective June 24, 2002, August 15, 2007
(72 FR 45663) effective October 15, 2007
and August 10, 2012 (77 FR 47779–
47782) effective October 9, 2012. The
authorized Arkansas RCRA program was
incorporated by reference into the Code
of Federal Regulations effective
December 13, 1993 (58 FR 52674) June
28, 2010 (75 FR 36538) effective August
27, 2010 and August 10, 2012 (77 FR
47779) effective October 9, 2012. On
January 14, 2014, Arkansas submitted a
final complete program revision
application seeking authorization of its
program revision in accordance with 40
CFR 271.21.
G. What changes are we approving with
today’s action?
On January 14, 2014, the State of
Arkansas submitted final complete
program applications, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make a direct final decision,
subject to receipt of written comments
that oppose this action that the State of
Arkansas’ hazardous waste program
revision satisfies all of the requirements
necessary to qualify for final
authorization. The EPA wants to clarify
in this Federal Register document that
because of the Federal government’s
special role in matters of foreign policy,
Organization for Economic Cooperation
and Development (OECD),
Requirements; Export Shipments of
Spend Lead-Acid Batteries (Checklist
222), EPA does not authorize States to
administer Federal import/export
functions in any section of the RCRA
hazardous waste regulations. Although
States do not receive authorization to
administer the Federal government’s
export functions in 40 CFR part 262,
subpart E, import functions in 40 CFR
part 262, subpart F, import/export
functions in 40 CFR part 262, subpart H,
or the import/export related functions in
any other section of the RCRA
hazardous waste regulations, State
programs are still required to adopt
those provisions that are more stringent
than existing federal requirements to
maintain their equivalency with the
federal program. The OECD
requirements are enforced by EPA in
lieu of the State. Therefore, the State is
not authorized for this provision. The
State of Arkansas revisions consist of
regulations which specifically govern
Federal Hazardous waste revisions
promulgated between July 1, 2005
through June 30, 2011 (and portions of
RCRA Clusters XVI, XVII, XVIII, XX and
XXI). Arkansas requirements are
included in a chart with this document.
Federal Register date and page
(and/or RCRA statutory authority
Analogous state authority
1. Universal Waste Rule: Specific
Provisions for Mercury Containing
Equipment. (Checklist 209).
70 FR 45508–45522 August 5, 2005.
2. NESHAP: Final Standards for Hazardous Waste Combustors (Phase
I Final Replacement Standards and
Phase II). (Checklist 212).
70 FR 59402–59579 October 12,
2005.
3. Cathode Ray Tubes Rule. (Checklist 215).
71 FR 42928–42949 July 28, 2006.
4. OECD Requirements, Export Shipments of Spent Lead-Acid Batteries. (Checklist 222).
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Description of federal requirement (include checklist #, if relevant)
75 FR 1236–1262 January 8, 2010.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 260.10 ‘‘Mercury
containing equipment’’, 260.10 ‘‘Universal Waste’’, 261.9(c), 264.1(g)(11)(iii), 265.1(c)(14)(iii), 268.1(f)(3),
270.1(c)(2)(viii)(C), 273.1(a)(3), 273.4(b)(1)–(3), 273.4(c)(1), 273.4(c)(2), 273.9 ‘‘Ampule’’, 273.9 ‘‘Large Quantity Handler of Universal Waste’’, 273.9 ‘‘Mercury containing device’’, 273.9 ‘‘Small Quantity Handler of Universal Waste’’, 273.9 ‘‘Universal Waste’’, 273.13(c) introductory paragraph, 273.13(c)(1), 273.13(c)(2) introductory paragraph, 273.13(c)(2)(i)–(viii), 273.13(c)(3) introductory paragraph, 273.13(c)(3)(i)–(ii), 273.13(c)(4)(i) introductory paragraph, 273.13(c)(4)(i)(A)–(B), 273.13(c)(4)(ii)–(iii), 273.14(d)(1), 273.14(d)(2), 273.32(b)(4)–(5),
273.33(c) introductory paragraph, 273.33(c)(1), 273.33(c)(2) introductory paragraph, 273.33(c)(2)(i)–(ii),
273.33(c)(2)(iii)–(viii), 273.33(c)(3) introductory paragraph, 273.33(c)(3)(i)–(ii), 273.33(c)(4)(i) introductory paragraph, 273.33(c)(4)(i)(A)–(B), 273.33(c)(4)(ii)–(iii), 273.34(d)(1), 273.34(d)(2), as adopted June 22, 2012, effective August 12, 2012.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 260.11(a),
260.11(c)(1), 264.340(b)(1), 265.340(b)(1), 266.100(b)(1), 266.100(b)(3), 266.100(b)(3)(i)–(ii), 266.100(b)(3)(iii),
266.100(b)(4), 270.6(a), 270.6(b) introductory paragraph, 270.6(b)(1), 270.6(b)(2), 270.10(n) introductory paragraph, 270.10(n), 270.10(n)(1)(i)–(ix), 270.10(n)(2), 270.19(e), 270.22 introductory paragraph, 270.24(d)(3),
270.25(e)(3), 270.32(b)(3), 270.42(j)(1)–(3), 270.42(k)(1) introductory paragraph, 270.42(k)(1)(i)–(iv),
270.42(k)(2) introductory paragraph, 270.42(k)(2)(i)–(ii), 270.42, Appendix I Item L.10, 270.62 introductory,
270.66 introductory paragraph, 270.235(a)(1) introductory paragraph, 270.235(a)(2) introductory paragraph,
270.235(b)(1) introductory paragraph, 270.235(b)(2) introductory paragraph, 270.235(c) introductory paragraph,
270.235(c)(1)–(2), as adopted June 22, 2012 and effective August 12, 2012.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 260.10 ‘‘Cathode
ray tube’’, ‘‘CRT collector’’, ‘‘CRT glass manufacturer’’, ‘‘CRT processing’’, 261.4(a)(22)(i)–(iv), 261.38, 261.39,
261.40, 261.41, as adopted June 22, 2012, effective August 12, 2012.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 262.10(d), 262.55
introductory paragraph, 262.58(a), 262.58(a)(1)–(2), 262.58(b), 262.80(a), 262.80(a)(1)–(2), 262.80(b), 262.81
‘‘Competent authority’’ 262.81 ‘‘Countries concerned’’, 262.81 ‘‘Country of export, 262.81 ‘‘Country of import,
262.81 ‘‘Country of transit’’, 262.81 ‘‘Exporter’’, 262.81 ‘‘Importer’’, 262.81 OECD area’’, 262.81 ‘‘OECD’’,
262.81 ‘‘Recognized trader’’, 262.81 ‘‘Recovery facility’’, 262.81 ‘‘Recovery operations’’, 262.81 ‘‘Transboundary
movement’’, 262.82(a), 262.82(a)(1), 262.82(a)(1)(i)–(ii), 262.82(a)(2), 262.82(a)(2)(i)–(ii), 262.82(a)(2)(ii)(A),
262.82(a)(2)(ii)(B), 262.82(a)(2)(iii), Note to Paragraph (a)(2), 262.82(a)(3), 262.82(a)(3)(i), Note to Paragraph
(a)(3)(i), 262.82(a)(3)(ii), Note to Paragraph (a)(3)(ii), 262.82(a)(4), 262.82(a)(4)(i)–(ii), 262.82(b), 262.82(b)(1)–
(2), Note to Paragraph (b)(2), 262.82(b)(3), 262.82(c), 262.82(c)(1), 262.82(c)(1)(i)–(ii), 262.82(c)(2), 262.82(d),
262.82(d)(1)–(2), 262.82(e), 262.82(e)(1), 262.82(e)(2), 262.82(f), 262.82(f)(1)–(5), 262.82(f)(5)(i) and (ii),
262.82(g), 262.83(a), 262.83(b), 262.83(b)(1), 262.83(b)(1)(i)–(ii), 262.83(b)(1)(iii), 262.83(b)(2), 262.83(b)(2)(i)–
(ii), 262.83(c), 262.83(d), 262.83(d)(1)–(14), Note to Paragraph (d)(14), 262.83(e), 262.84(a), 262.84(a)(1)–(2),
262.84(b), 262.84(b)(1)–(7), 262.84(c)–(e), 262.85(a)–(b), 262.85(b)(1)–(4), 262.85(c), 262.85(c)(1)–(2),
262.85(d)–(e), Note to Paragraph (e), 262.85(f), 262.85(g), Note to Paragraph (g), 262.86(a)–(b), 262.87(a),
262.87(a)(1)–(5), 262.87(a)(5)(i)–(ii), 262.87(a)(6), 262.87(b), 262.87(b)(1)–(3), 262.87(c), 262.87(c)(1),
262.87(c)(1)(i)–(iv), 262.87(c)(2), 262.88, 262.89(a), 262.89(a)(1)–(2), 262.89(b)–(d), 263.10(d), 264.12(a)(2),
264.71(a)(3), 264.71(d), 265.12(a)(2), 265.71(a)(3), 265.71(d), 266.80(a) table, as adopted June 22, 2012, effective August 12, 2012.
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations
64681
Description of federal requirement (include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority
Analogous state authority
5. Hazardous Waste Technical Corrections and Clarification. (Checklist 223).
75 FR 12989–13009. March 18
2010, and June 4, 2010, 75 FR
31716–31717.
6. Removal of Saccharin and its Salts
from the Lists of Hazardous
Wastes (Checklist 225).
75 FR 78918–78926 December 17,
2010.
7. Academic Laboratories Generator
Standards Technical Corrections.
(Checklist 226).
75 FR 79304–79308 December 20,
2010.
8. Revision of the Land Disposal
Treatment Standards for Carbamate Wastes. (Checklist 227).
76 FR 34147–34157 June 13, 2011
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 260.10 ‘‘New hazardous waste management facility or ‘‘new facility’’, Part 260 Appendix I, 261.1(c)(10), 261.2(c),Table 1,
261.4(a)(17)(vi), 261.5(b), 261.5(e) intro, 261.5(e)(1), 261.5(e)(2), 261.5(e)(2) comment, 261.5(f) intro,
261.5(f)(2), 261.5(g) intro, 261.5(g)(2), 261.6(a)(2), 261.6(a)(2)(ii), 261.6(a)(3), 261.6(c)(1), 261.6(d),
261.7(a)(1), 261.7(a)(2), 261.7(b)(1), 261.7(b)(3), 261.23(a)(8), 261.30(c)–(d), 261.31(a), 261.32(a) table,
261.33(f), 261, Appendix VII, 262.10(f), 262.11(d), 262.23(f), 262.23(f)(1), 262.23(f)(1)(i)–(ii), 262.23(f)(2),
262.23(f)(3)–(4), 262.34(a)(4), 262.34(b), 263.34(c)(1)–(2), 262.34(d)(4), 262.34(f), 262.34(i), 262.42(a)(1)–(2),
262.42(c), 262.42(c)(1)–(2), 262.42(c) Note, 262.60(b), 263.12, 264.52(b), 264.56(d)(2) introductory text,
264.72(e)(6), 264.72(f)(1), 264.72(f)(7)–(8), 265.56(d)(2) introductory text, 265.72(e)(6), 265.72(f)(1),
265.72(f)(7)–(8), 266.22, 266.70(d), 266.80(b)(1)(viii), 266.80(b)(2)(viii), 266.101(c)(1)–(2), 268.40 table ‘‘Treatment Standards for Hazardous Wastes’’, 268.48 Universal Treatment Standards table, 270.4(a), as adopted
June 22, 2012, effective August 12, 2012.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 261.33(f)/Table,
261 Appendix VIII’’, 268.40 Table, 268 Appendix VII/Table 1, as adopted June 22, 2012, effective August 12,
2012.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 262.200 ‘‘Central
accumulation area’’, 262.206(b)(3)(i), 262.212(e)(1), 262.214(a)(1), 262.214(b)(1), as adopted June 22, 2012,
effective August 12, 2012.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas Pollution Control and
Ecology (APC&E) Regulation Number 23, Hazardous Waste Management (HWM) Sections 268.40 Table of
Treatment Standards, 268.48 Table of UTS-Universal Treatment Standards, as adopted June 22, 2012, effective August 12, 2012.
H. Where are the revised State rules
different from the Federal rules?
There are no State requirements that
are more stringent or broader in scope
than the Federal requirements.
I. Who handles permits after the
authorization takes effect?
The State of Arkansas will issue
permits for all the provisions for which
it is authorized and will administer the
permits it issues. The EPA will continue
to administer any RCRA hazardous
waste permits or portions of permits
which we issued prior to the effective
date of this authorization. We will not
issue any more new permits or new
portions of permits for the provisions
listed in the Table in this document
after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Arkansas is not
yet authorized.
rmajette on DSK2VPTVN1PROD with RULES
J. How does today’s action affect Indian
Country (8 U.S.C. 1151) in Arkansas?
The State of Arkansas Hazardous
Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA
codifying Arkansas’ hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart E for this
authorization of Arkansas’ program
changes until a later date. In this
authorization application the EPA is not
codifying the rules documented in this
Federal Register notice.
VerDate Sep<11>2014
14:37 Oct 30, 2014
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L. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. The reference to
Executive Order 13563 (76 FR 3821,
January 21, 2011) is also exempt from
review under Executive Order 12866 (56
FR 51735, October 4, 1993). This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
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and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
E:\FR\FM\31OCR1.SGM
31OCR1
64682
Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
1996, generally provides that before a
rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective December 30,
2014.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 22, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014–25724 Filed 10–30–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 05–245, RM–11264, RM–
11357; FCC 14–156]
Radio Broadcasting Services; Corona
de Tucson, Sierra Vista, Tanque Verde,
Vail, Arizona; Animus, Lordsburg, and
Virden, New Mexico
Federal Communications
Commission.
ACTION: Final rule; application for
review.
rmajette on DSK2VPTVN1PROD with RULES
AGENCY:
The Federal Communications
Commission (‘‘Commission’’) dismisses
in part and otherwise denies the
Application for Review filed by CCRSierra Vista IV, LLC (‘‘CCR-Sierra’’) of
the Media Bureau (‘‘Bureau’’)’s rejection
SUMMARY:
VerDate Sep<11>2014
14:37 Oct 30, 2014
Jkt 235001
of CCR-Sierra’s proposal to change the
community of license of its Station
KZMK(FM) from Sierra Vista to Tanque
Verde, Arizona, and grant of a
conflicting Counterproposal filed by
Cochise Broadcasting, LLC and Desert
West Air Ranchers (‘‘Joint Parties’’). See
SUPPLEMENTARY INFORMATION, supra.
DATES: Effective October 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, FCC
14–156, adopted October 14, 2014, and
released October 15, 2014. The full text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The complete text of this
document may also be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or https://
www.bcpiweb.com.
In the Report and Order in this
proceeding, the Bureau compared the
mutually exclusive proposals under the
FM Allotment Priorities and granted the
Joint Parties Counterproposal because it
would provide greater public interest
benefits. The Bureau also rejected CCRSierra’s arguments that the Joint Parties
Counterproposal was defective because:
(1) There would not be city-grade
coverage at two communities, (2)
Federal Aviation Administration
approval could not be obtained for one
of the allotments; (3) there would be
difficulty in obtaining Mexican
concurrence for one allotment; (4)
Animus, New Mexico, is not a
community for allotment purposes; and
(5) for one of the change of community
proposals, there was no mutual
exclusivity between the move-out and
move-in communities. See 72 FR 53688,
September 20, 2007. CCR-Sierra sought
reconsideration on the same five
grounds, and the Bureau denied these
objections.
In its Application for Review, CCRSierra reiterates these five arguments.
The Commission finds that these issues
were properly decided and upholds the
Bureau’s decision for the stated reasons.
The Commission also dismisses a sixth
argument on procedural grounds
because the Bureau had no opportunity
to pass on it in violation of § 1.115(c) of
the Commission’s rules.
This document does not contain
information collection requirements
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subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. This
document is not subject to the
Congressional Review Act. (The
Commission, is, therefore, not required
to submit a copy of the Memorandum
Opinion and Order to GAO, pursuant to
the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A) because the
Application for Review was denied.)
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2014–25952 Filed 10–30–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD588
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amounts of Pacific cod
from catcher vessels greater than 60 feet
(18.3 meters) length overall (LOA) using
pot gear, catcher vessels using trawl
gear, and American Fisheries Act (AFA)
catcher/processors (C/Ps) to
Amendment 80 (A80) C/Ps, C/Ps using
hook-and-line gear, and C/Ps using pot
gear in the Bering Sea and Aleutian
Islands management area. This action is
necessary to allow the 2014 total
allowable catch of Pacific cod to be
harvested.
SUMMARY:
Effective October 27, 2014,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands
management area (BSAI) according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
DATES:
E:\FR\FM\31OCR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Rules and Regulations]
[Pages 64678-64682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25724]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2014-0366; FRL-9918-56-Region 6]
Arkansas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The State of Arkansas has applied to the EPA for final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
direct final action. The EPA is publishing this rule to authorize the
changes without a prior proposal because we believe this action is not
controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Arkansas' changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will become effective on December 30,
2014 unless the EPA receives adverse written comment by December 1,
2014. If the EPA receives such comment, it will publish a timely
withdrawal of this direct final rule in the Federal Register and inform
the public that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
[[Page 64679]]
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to the EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. You can view and
copy Arkansas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations: Arkansas Department of Environmental Quality, 8101
Interstate 30, Little Rock, Arkansas 72219-8913, (501) 682-0876, and
EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number
(214) 665-8533. Interested persons wanting to examine these documents
should make an appointment with the office at least two weeks in
advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), 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.
B. What decisions have we made in this rule?
We conclude that Arkansas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Arkansas Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Arkansas has responsibility for
permitting treatment, storage, and disposal facilities within its
borders (except in Indian Country) and for carrying out the aspects of
the RCRA program described in its revised program application, subject
to the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Arkansas including issuing permits, until the State is
granted authorization to do so.
C. What is the effect of today's authorization decision?
The effect of this decision is that a facility in Arkansas is
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. The State of Arkansas has enforcement
responsibilities under its State hazardous waste program for violations
of such program, but the EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, 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.
This action does not impose additional requirements on the
regulated community because the regulations for which Arkansas is being
authorized by today's action is already effective under State law, and
are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For what has Arkansas previously been authorized?
Arkansas initially received final authorization on January 25,
1985, (50 FR 1513) to implement its Base Hazardous Waste Management
program. Arkansas received authorization for revisions to its program
on January 11,
[[Page 64680]]
1985 (50 FR 1513), effective January 25, 1985; March 27, 1990 (55 FR
11192) effective May 29, 1990; September 18, 1991 (56 FR 47153)
effective November 18, 1991; October 5, 1992 (57 FR 45721) effective
December 4, 1992; October 7, 1994 (59 FR 51115) effective December 21,
1994, April 24, 2002 (67 FR 20038) effective June 24, 2002, August 15,
2007 (72 FR 45663) effective October 15, 2007 and August 10, 2012 (77
FR 47779-47782) effective October 9, 2012. The authorized Arkansas RCRA
program was incorporated by reference into the Code of Federal
Regulations effective December 13, 1993 (58 FR 52674) June 28, 2010 (75
FR 36538) effective August 27, 2010 and August 10, 2012 (77 FR 47779)
effective October 9, 2012. On January 14, 2014, Arkansas submitted a
final complete program revision application seeking authorization of
its program revision in accordance with 40 CFR 271.21.
G. What changes are we approving with today's action?
On January 14, 2014, the State of Arkansas submitted final complete
program applications, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a direct final decision,
subject to receipt of written comments that oppose this action that the
State of Arkansas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The EPA
wants to clarify in this Federal Register document that because of the
Federal government's special role in matters of foreign policy,
Organization for Economic Cooperation and Development (OECD),
Requirements; Export Shipments of Spend Lead-Acid Batteries (Checklist
222), EPA does not authorize States to administer Federal import/export
functions in any section of the RCRA hazardous waste regulations.
Although States do not receive authorization to administer the Federal
government's export functions in 40 CFR part 262, subpart E, import
functions in 40 CFR part 262, subpart F, import/export functions in 40
CFR part 262, subpart H, or the import/export related functions in any
other section of the RCRA hazardous waste regulations, State programs
are still required to adopt those provisions that are more stringent
than existing federal requirements to maintain their equivalency with
the federal program. The OECD requirements are enforced by EPA in lieu
of the State. Therefore, the State is not authorized for this
provision. The State of Arkansas revisions consist of regulations which
specifically govern Federal Hazardous waste revisions promulgated
between July 1, 2005 through June 30, 2011 (and portions of RCRA
Clusters XVI, XVII, XVIII, XX and XXI). Arkansas requirements are
included in a chart with this document.
----------------------------------------------------------------------------------------------------------------
Description of federal requirement Federal Register date and page (and/or
(include checklist #, if relevant) RCRA statutory authority Analogous state authority
----------------------------------------------------------------------------------------------------------------
1. Universal Waste Rule: Specific 70 FR 45508-45522 August 5, 2005........ Arkansas Code of 1987
Provisions for Mercury Containing Annotated (A.C.A.)
Equipment. (Checklist 209). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.10 ``Mercury
containing equipment'',
260.10 ``Universal
Waste'', 261.9(c),
264.1(g)(11)(iii),
265.1(c)(14)(iii),
268.1(f)(3),
270.1(c)(2)(viii)(C),
273.1(a)(3), 273.4(b)(1)-
(3), 273.4(c)(1),
273.4(c)(2), 273.9
``Ampule'', 273.9 ``Large
Quantity Handler of
Universal Waste'', 273.9
``Mercury containing
device'', 273.9 ``Small
Quantity Handler of
Universal Waste'', 273.9
``Universal Waste'',
273.13(c) introductory
paragraph, 273.13(c)(1),
273.13(c)(2) introductory
paragraph, 273.13(c)(2)(i)-
(viii), 273.13(c)(3)
introductory paragraph,
273.13(c)(3)(i)-(ii),
273.13(c)(4)(i)
introductory paragraph,
273.13(c)(4)(i)(A)-(B),
273.13(c)(4)(ii)-(iii),
273.14(d)(1),
273.14(d)(2), 273.32(b)(4)-
(5), 273.33(c)
introductory paragraph,
273.33(c)(1), 273.33(c)(2)
introductory paragraph,
273.33(c)(2)(i)-(ii),
273.33(c)(2)(iii)-(viii),
273.33(c)(3) introductory
paragraph, 273.33(c)(3)(i)-
(ii), 273.33(c)(4)(i)
introductory paragraph,
273.33(c)(4)(i)(A)-(B),
273.33(c)(4)(ii)-(iii),
273.34(d)(1),
273.34(d)(2), as adopted
June 22, 2012, effective
August 12, 2012.
2. NESHAP: Final Standards for Hazardous 70 FR 59402-59579 October 12, 2005...... Arkansas Code of 1987
Waste Combustors (Phase I Final Annotated (A.C.A.)
Replacement Standards and Phase II). Sections 8-7-201 through 8-
(Checklist 212). 7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.11(a), 260.11(c)(1),
264.340(b)(1),
265.340(b)(1),
266.100(b)(1),
266.100(b)(3),
266.100(b)(3)(i)-(ii),
266.100(b)(3)(iii),
266.100(b)(4), 270.6(a),
270.6(b) introductory
paragraph, 270.6(b)(1),
270.6(b)(2), 270.10(n)
introductory paragraph,
270.10(n), 270.10(n)(1)(i)-
(ix), 270.10(n)(2),
270.19(e), 270.22
introductory paragraph,
270.24(d)(3),
270.25(e)(3),
270.32(b)(3), 270.42(j)(1)-
(3), 270.42(k)(1)
introductory paragraph,
270.42(k)(1)(i)-(iv),
270.42(k)(2) introductory
paragraph, 270.42(k)(2)(i)-
(ii), 270.42, Appendix I
Item L.10, 270.62
introductory, 270.66
introductory paragraph,
270.235(a)(1) introductory
paragraph, 270.235(a)(2)
introductory paragraph,
270.235(b)(1) introductory
paragraph, 270.235(b)(2)
introductory paragraph,
270.235(c) introductory
paragraph, 270.235(c)(1)-
(2), as adopted June 22,
2012 and effective August
12, 2012.
3. Cathode Ray Tubes Rule. (Checklist 71 FR 42928-42949 July 28, 2006......... Arkansas Code of 1987
215). Annotated (A.C.A.)
Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.10 ``Cathode ray
tube'', ``CRT collector'',
``CRT glass
manufacturer'', ``CRT
processing'',
261.4(a)(22)(i)-(iv),
261.38, 261.39, 261.40,
261.41, as adopted June
22, 2012, effective August
12, 2012.
4. OECD Requirements, Export Shipments of 75 FR 1236-1262 January 8, 2010......... Arkansas Code of 1987
Spent Lead-Acid Batteries. (Checklist Annotated (A.C.A.)
222). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
262.10(d), 262.55
introductory paragraph,
262.58(a), 262.58(a)(1)-
(2), 262.58(b), 262.80(a),
262.80(a)(1)-(2),
262.80(b), 262.81
``Competent authority''
262.81 ``Countries
concerned'', 262.81
``Country of export,
262.81 ``Country of
import, 262.81 ``Country
of transit'', 262.81
``Exporter'', 262.81
``Importer'', 262.81 OECD
area'', 262.81 ``OECD'',
262.81 ``Recognized
trader'', 262.81
``Recovery facility'',
262.81 ``Recovery
operations'', 262.81
``Transboundary
movement'', 262.82(a),
262.82(a)(1),
262.82(a)(1)(i)-(ii),
262.82(a)(2),
262.82(a)(2)(i)-(ii),
262.82(a)(2)(ii)(A),
262.82(a)(2)(ii)(B),
262.82(a)(2)(iii), Note to
Paragraph (a)(2),
262.82(a)(3),
262.82(a)(3)(i), Note to
Paragraph (a)(3)(i),
262.82(a)(3)(ii), Note to
Paragraph (a)(3)(ii),
262.82(a)(4),
262.82(a)(4)(i)-(ii),
262.82(b), 262.82(b)(1)-
(2), Note to Paragraph
(b)(2), 262.82(b)(3),
262.82(c), 262.82(c)(1),
262.82(c)(1)(i)-(ii),
262.82(c)(2), 262.82(d),
262.82(d)(1)-(2),
262.82(e), 262.82(e)(1),
262.82(e)(2), 262.82(f),
262.82(f)(1)-(5),
262.82(f)(5)(i) and (ii),
262.82(g), 262.83(a),
262.83(b), 262.83(b)(1),
262.83(b)(1)(i)-(ii),
262.83(b)(1)(iii),
262.83(b)(2),
262.83(b)(2)(i)-(ii),
262.83(c), 262.83(d),
262.83(d)(1)-(14), Note to
Paragraph (d)(14),
262.83(e), 262.84(a),
262.84(a)(1)-(2),
262.84(b), 262.84(b)(1)-
(7), 262.84(c)-(e),
262.85(a)-(b),
262.85(b)(1)-(4),
262.85(c), 262.85(c)(1)-
(2), 262.85(d)-(e), Note
to Paragraph (e),
262.85(f), 262.85(g), Note
to Paragraph (g),
262.86(a)-(b), 262.87(a),
262.87(a)(1)-(5),
262.87(a)(5)(i)-(ii),
262.87(a)(6), 262.87(b),
262.87(b)(1)-(3),
262.87(c), 262.87(c)(1),
262.87(c)(1)(i)-(iv),
262.87(c)(2), 262.88,
262.89(a), 262.89(a)(1)-
(2), 262.89(b)-(d),
263.10(d), 264.12(a)(2),
264.71(a)(3), 264.71(d),
265.12(a)(2),
265.71(a)(3), 265.71(d),
266.80(a) table, as
adopted June 22, 2012,
effective August 12, 2012.
[[Page 64681]]
5. Hazardous Waste Technical Corrections 75 FR 12989-13009. March 18 2010, and Arkansas Code of 1987
and Clarification. (Checklist 223). June 4, 2010, 75 FR 31716-31717. Annotated (A.C.A.)
Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.10 ``New hazardous
waste management facility
or ``new facility'', Part
260 Appendix I,
261.1(c)(10),
261.2(c),Table 1,
261.4(a)(17)(vi),
261.5(b), 261.5(e) intro,
261.5(e)(1), 261.5(e)(2),
261.5(e)(2) comment,
261.5(f) intro,
261.5(f)(2), 261.5(g)
intro, 261.5(g)(2),
261.6(a)(2),
261.6(a)(2)(ii),
261.6(a)(3), 261.6(c)(1),
261.6(d), 261.7(a)(1),
261.7(a)(2), 261.7(b)(1),
261.7(b)(3), 261.23(a)(8),
261.30(c)-(d), 261.31(a),
261.32(a) table,
261.33(f), 261, Appendix
VII, 262.10(f), 262.11(d),
262.23(f), 262.23(f)(1),
262.23(f)(1)(i)-(ii),
262.23(f)(2), 262.23(f)(3)-
(4), 262.34(a)(4),
262.34(b), 263.34(c)(1)-
(2), 262.34(d)(4),
262.34(f), 262.34(i),
262.42(a)(1)-(2),
262.42(c), 262.42(c)(1)-
(2), 262.42(c) Note,
262.60(b), 263.12,
264.52(b), 264.56(d)(2)
introductory text,
264.72(e)(6),
264.72(f)(1), 264.72(f)(7)-
(8), 265.56(d)(2)
introductory text,
265.72(e)(6),
265.72(f)(1), 265.72(f)(7)-
(8), 266.22, 266.70(d),
266.80(b)(1)(viii),
266.80(b)(2)(viii),
266.101(c)(1)-(2), 268.40
table ``Treatment
Standards for Hazardous
Wastes'', 268.48 Universal
Treatment Standards table,
270.4(a), as adopted June
22, 2012, effective August
12, 2012.
6. Removal of Saccharin and its Salts 75 FR 78918-78926 December 17, 2010..... Arkansas Code of 1987
from the Lists of Hazardous Wastes Annotated (A.C.A.)
(Checklist 225). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
261.33(f)/Table, 261
Appendix VIII'', 268.40
Table, 268 Appendix VII/
Table 1, as adopted June
22, 2012, effective August
12, 2012.
7. Academic Laboratories Generator 75 FR 79304-79308 December 20, 2010..... Arkansas Code of 1987
Standards Technical Corrections. Annotated (A.C.A.)
(Checklist 226). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
262.200 ``Central
accumulation area'',
262.206(b)(3)(i),
262.212(e)(1),
262.214(a)(1),
262.214(b)(1), as adopted
June 22, 2012, effective
August 12, 2012.
8. Revision of the Land Disposal 76 FR 34147-34157 June 13, 2011......... Arkansas Code of 1987
Treatment Standards for Carbamate Annotated (A.C.A.)
Wastes. (Checklist 227). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
268.40 Table of Treatment
Standards, 268.48 Table of
UTS-Universal Treatment
Standards, as adopted June
22, 2012, effective August
12, 2012.
----------------------------------------------------------------------------------------------------------------
H. Where are the revised State rules different from the Federal rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who handles permits after the authorization takes effect?
The State of Arkansas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Arkansas
is not yet authorized.
J. How does today's action affect Indian Country (8 U.S.C. 1151) in
Arkansas?
The State of Arkansas Hazardous Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA codifying Arkansas' hazardous
waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart E for this authorization of Arkansas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. The
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is
also exempt from review under Executive Order 12866 (56 FR 51735,
October 4, 1993). This action authorizes State requirements for the
purpose of RCRA 3006 and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes preexisting requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the
[[Page 64682]]
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective December 30, 2014.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 22, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014-25724 Filed 10-30-14; 8:45 am]
BILLING CODE 6560-50-P
