Arkansas: Final Authorization of State-initiated Changes and Incorporation by Reference of State Hazardous Waste Management Program, 36538-36546 [2010-15332]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Rules and Regulations]
[Pages 36538-36546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15332]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2009-0708; FRL-9161-9]


Arkansas: Final Authorization of State-initiated Changes and 
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: During a review of Arkansas' regulations, the EPA identified a 
variety of State-initiated changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). We have determined 
that these changes are minor and satisfy all requirements needed to 
qualify for Final authorization and are authorizing the State-initiated 
changes through this direct Final action. In addition, this document 
corrects technical errors made in the April 24, 2002, and August 15, 
2007, Federal Register authorization documents for Arkansas.
    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of Arkansas hazardous waste 
management program and incorporates by reference authorized provisions 
of the State's statutes and regulations.

DATES: This regulation is effective August 27, 2010, unless the EPA 
receives adverse written comment on this regulation by the close of 
business July 28, 2010. If the EPA receives such comments, it will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that this rule will not take effect. The 
Director of the Federal Register approves this incorporation by 
reference as of August 27, 2010, in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2009-0708, by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2 E-mail: 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: Direct your comments to Docket ID No. EPA-R06-RCRA-
2009-0708. EPA's policy is that all comments received will be included 
in the public docket without change, including personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Do not submit information that you consider 
to be CBI or otherwise protected through https://www.regulations.gov, or 
e-mail. The Federal https://www.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 e-mail comment directly to the EPA without 
going through https://www.regulations.gov, your e-mail 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 the documents that form the basis for this

[[Page 36539]]

authorization and codification and associated publicly available 
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the 
following location: 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, and Julia Banks, Codification Coordinator, 
State/Tribal Oversight Section (6PD-O), Multimedia Planning and 
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, Phone numbers: (214) 665-8533, and (214) 665-8178. E-mail 
address patterson.alima@epa.gov and banks.julia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

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 hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste 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 268, 
270, 273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Arkansas' revisions to its authorized program meet 
all of the statutory and regulatory requirements established by RCRA. 
We found that the State-initiated changes make Arkansas' rules more 
clear or conform more closely to the Federal equivalents and are so 
minor in nature that a formal application is unnecessary. Therefore, we 
grant Arkansas final authorization to operate its hazardous waste 
program with the changes described in the table at Section G below. 
Arkansas has responsibility for permitting Treatment, Storage, and 
Disposal Facilities (TSDFs) within its borders (except in Indian 
Country) and for carrying out all authorized aspects of the RCRA 
program, subject to the limitations of the Hazardous and Solid Waste 
Amendments of 1984 (HSWA). New Federal requirements and prohibitions 
imposed by Federal regulations that 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 this authorization decision?

    The effect of this decision is that a facility in Arkansas 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. 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 regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the statutes and regulations for which 
Arkansas is being authorized by today's action are already effective 
and are not changed by today's action.

D. Why wasn't there a proposed rule before this 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 EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization or the 
incorporation-by-reference of the State program, we will withdraw this 
rule by publishing a timely 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, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will 
then address all public comments in a later final rule. If you want to 
comment on this authorization and incorporation-by-reference, you must 
do so at this time. You may not have another opportunity to comment. If 
we receive comments that oppose only the authorization of a particular 
change to the State hazardous waste program or the incorporation-by-
reference of the State program, we may withdraw only that part of this 
rule, but the authorization of the program changes or the 
incorporation-by-reference of the State program that the comments do 
not oppose will become effective on the date specified above. The 
Federal Register withdrawal document will specify which part of the 
authorization or incorporation-by-reference of the State program 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, 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; and August 
15, 2007 (72 FR 45663), effective October 15, 2007.

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
which follows. These amendments clarify the State's regulations and 
make the State's regulations more internally consistent. The State's 
laws and regulations, as amended by these provisions, provide authority 
which remains equivalent to and no less stringent than the Federal laws 
and regulations. These State-initiated changes satisfy the requirements 
of 40 CFR 271.21(a). We are granting Arkansas final authorization to 
carry out the following provisions of the State's program in lieu of 
the Federal program. These

[[Page 36540]]

provisions are analogous to the indicated RCRA statutory provisions or 
RCRA regulations found at 40 CFR as of July 1, 2005. The Arkansas 
provisions are from the Arkansas Pollution Control and Ecology 
Commission Regulation No. 23, Hazardous Waste Management, as amended 
December 9, 2005, effective March 23, 2006.

------------------------------------------------------------------------
           State requirement              Analogous federal requirement
------------------------------------------------------------------------
260.10 ``director''....................  No Federal Analog.
260.10 ``EPA identification number''...  260.10 ``EPA identification
                                          number''.
260.10 ``Solid waste management unit''   No Federal analog.
 or ``SWMU''''.
260.20(b) intro........................  260.20(b) intro.
260.20(b)(3)...........................  260.20(b)(3).
260.20(c)-(f)..........................  260.20(c)-(e) related.
261.5(b)...............................  261.5(b).
261.8..................................  261.8.
262.13(f)..............................  No Federal analog.
262.24(a)..............................  No Federal analog.
262.35(a) except (a)(2)................  261.5 related.
262.35(b)..............................  261.5(f)(3)&(g)(3) related.
264.75 intro...........................  264.75 intro.
264.75(h)..............................  264.75 related.
264.75(i)..............................  264.75 related.
264.141(f) ``completed fiscal year''...  264.141(f) related.
264.143(e)(1)..........................  264.143(e)(1).
264.143(f)(3)(iv)......................  264.143(f) related.
264.145(e).............................  264.145(e).
264.145(f)(3)(iv)......................  264.145(f) related.
264.147(a)(1)..........................  264.147(a)(1).
264.147(b)(1)(ii)......................  264.147(b)(1)(ii).
264.147(f)(3)(iv)......................  264.147(f) related.
264.175(b)(2)..........................  264.175 related.
264.314(d) & (f).......................  264.314(d) & (f).
264.601(d) & (e).......................  No Federal analog.
265.75 intro...........................  265.75 intro.
265.75(h)..............................  265.75(f).
265.75(i)..............................  265.75 related.
265.110(b)(5)..........................  No Federal analog.
265.141(f) ``completed fiscal year''...  265.141(f) related.
265.143(d)(1)..........................  265.143(d)(1).
265.143(e)(3)(iv)......................  265.143(e) related.
265.145(e)(3)(iv)......................  265.145(e) related.
265.147(f)(3)(iv)......................  265.147(f) related.
265.314(c) & (e).......................  265.314(c) & (e).
270.7(b)...............................  270.14 related.
270.7(g)...............................  124.10(c)(4) related.
270.7(h)(8)............................  124.10(b) & (c), 124.11 and
                                          124.12(a).
270.10(e)(1)...........................  270.10 related.
270.10(e)(7)...........................  No Federal analog; Related to:
                                          264.70, 264/265.140(a),
                                          270.70, 270.30.
270.10(l)(1) intro.....................  No Federal analog.
270.13(j)..............................  270.13(j).
270.13(o)..............................  No Federal Analog.
270.14(b)(7)...........................  270.14 (b)(7) and 270.14(b)
                                          related.
270.34.................................  No Federal analog.
270.70(a)..............................  270.70(a) and (c).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and 
those permits issued by the EPA because no new substantive requirements 
are a part of these revisions.

I. How does this action affect Indian country (18 U.S.C. 1151) in 
Arkansas?

    Arkansas is not authorized to carry out its Hazardous Waste Program 
in Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian Country.

II. Technical Corrections

    The following technical corrections are made to the April 24, 2002 
(67 FR 20038) and August 15, 2007 (72 FR 45663) Arkansas authorization 
Federal Register documents. There are two types of corrections being 
made (the corrections have been italicized). The first type includes 
additions or corrections to the list of State citations for Checklist 
entries that were actually included in the published Federal Register 
documents The second type of correction is the addition of entire 
Checklist entries for the following Federal requirements which were 
inadvertently omitted from the original authorization tables.
     Land Disposal Restrictions--Phase IV--Mineral Processing 
Secondary Materials Exclusion, [63 FR 28556] May 26, 1998.
     Hazardous Air Pollutant Standards for Combustors [64 FR 
52828-53077, September 30, 1999 as amended November 19, 1999, at 64 FR 
63209-63213.].
     Methods Innovation Rule and SW-846 Final Update IIIB [70 
FR 34538-34592, June 14, 2005, as amended August 1, 2005; 70 FR 44150-
44151].

[[Page 36541]]

A. Corrections to the April 24, 2002 (67 FR 20038) Authorization 
Document

    1. In the entry for Checklist 107, the citation ``261.4(b)(15)'' is 
corrected to read ``261.4(b)(13)''.
    2. In the entry for Checklist 109, add 268.46, 268, Appendix II.
    3. In the entry for Checklist 110:
     The citation ``261.4(a)(1)'' is corrected to read 
``261.4(a)(10)''.
     The citation ``261, Appendix VIII'' is corrected to read 
``261, Appendix VII''.
    4. In the entry for Checklist 114, add 266.103(c)(1)(xi) 
introductory paragraph.
    5. In the entry for Checklist 118, add 265.316(b) and (c).
    6. In the entry for Checklist 122, add 261.4(b)(13) and (b)(14), 
264.1(g)(2), 265.1(c)(6).
    7. In the entry for Checklist 124, add 264.1(g)(6), 265.1(c)(10), 
268.1(e)(4) intro, 268.1(e)(5), 268.7(b)(3)(ii), 268.9(a), 268.40(b), 
270.42 Appendix I.
    8. In the entry for Checklist 126, add 265.190(a); 265.314(c).
    9. In the entry for Checklist 135, add 261.3(c)(2)(ii)(B).
    10. In the entry for Checklist 137, add 264.1(g)(6), 265.1(c)(10), 
266.23(a), 266 Appendix XIII, 268.2(g) and (i).
    11. In the entry for Checklist 140, the citation ``Sec.  
261.3(a)(2)(iv)(G)'' is corrected to read Sec. Sec.  
261.3(a)(2)(iv)(E)-(G)''.
    12. In the entry for Checklist 142 B: Add: 261.6(a)(3)(ii), 
268.1(f) intro and (f)(1), 270.1(c)(2)(viii) intro and (c)(2)(viii)(A).
    13. In the entry for Checklist 142 C, add 268.1(f)(2), 
270.1(c)(2)(viii)(B).
    14. In the entry for Checklist 142 D, add 268.1(f)(3), 
270.1(c)(2)(viii)(C)
    15. In the entry for Checklist 144, the citation ``270.10(e)(4)'' 
should be corrected to read ``270.10(e)(5)''.
    16. In the entry for Checklist 148: The citation ``270.7(d)(f)'' is 
corrected to read ``270.7(d)-(f)''.
    17. In the entry for Checklist 151:
     Add: 268.1(c)(3) intro through (c)(3)(ii), 268.1(c)(4), 
268.1(e)(3), 268.1(e)(4), 268.1(e)(5), 268.42/Table 1
     The citation ``268.(a)'' is corrected to read 
``268.40(a)''.
    18. In the entry for Checklist 154, 154.1, 154.2, 154.3, 154.4, 
154.5, and 154.6, add 264.13(b)(6) and (b)(8), 264.15(b)(4), 
264.73(b)(3) and (b)(6), 264.77(c), 264.179, 264.200, 264.232, 
264.1030(b), 264.1033(a)(2)(i)&(ii), 264.1033(f)(2)(vi)(B), 264.1033(k) 
through (o), 264.1034(b) intro, 264.1035(c)(9) and (10), 264.1035(d), 
264.1050(b), (c) and (f), 264.1055, 264.1058(e), 264.1064(g)(6), 
265.1(b), 265.13(b)(6) and (b)(8), 265.15(b)(4), 265.73(b)(3) and 
(b)(6), 265.77(d), 265.178, 265.202, 265.231, 265.1030(b), 
265.1033(a)(2) intro, 265.1033(f)(2)(vi)(B), 265.1033(j) intro, 
265.1033(j)(1) and (2), 265.1033(k) through (n), 265.1034(b) intro, 
265.1035(c)(3), 265.1034(c)(9) and (c)(10), 265.1035(d), 265.1050(b) 
and (e), 265.1055, 265.1058(e), 265.1064(g)(6), 265, Appendix VI.
    19. In the entry for Checklist 156, the entry ``263.10(e) & (f)'' 
is corrected to read ``263.10(f) & (g)''.
    20. In the entry for Checklist 157:
     The citation ``262.30(a)-(e)'' is corrected to read 
``268.30(a)-(e)''.
     The citation ``261.69(a)(3)(ii)'' is corrected to read 
``261.6(a)(3)(ii)''.
    21. In the entry for Checklist 163, add 264.15(b)(4), 264.73(b)(6), 
264.1030(b)(3), (c) and (d), 264.1031 ``in light liquid service'', 
264.1033(a)(2)(i) through (iv), 264.1050(b), (c) and (f), 264.1060(a) 
and (b), 264.1062(b)(2) and (b)(3), 264.1064(g)(6) and (m), 
265.15(b)(4), 265.1030(b)(3), 265.1030(d), 265.1033 (a)(2)(i)-(iv), 
265.1033(f)(2)(vi)(B), 265.1050(b)(3) and (e), 265.1060(a) and (b), 
265.1064(g)(6) and (m), 265, Appendix VI; 270.14(b)(5).
    22. In the entry for Checklist 167 E, add 261.3(a)(2)(i), 
261.4(b)(7).
    23. In the entry for Checklist 168:
     The citation ``261.4(a)(16)(iii)'' is corrected to read 
``261.4(a)(16)''.
     Add 270.42(j), 270.42 Appendix I.
    24. In the entry for Checklist 169, add 261.32(a), 261, Appendix 
VII, 268.35, 268.40/Table.
    25. In the entry for Checklist 172, the citation ``268.34(b)'' is 
corrected to read ``268.34''.
    26. In the entry for Checklist 174, add 264.90(e) and (f), 
264.110(c), 264.112(b)(8), 264.112(c)(2)(iv), 264.118(b)(4) and 
(d)(2)(iv), 264.140(d), 265.90(f), 265.110(c)&(d), 265.112(b)(8) and 
(c)(1)(iv), 265.118(c)(4), (c)(5) and (d)(1)(iii), 265.121, 265.140(d), 
270.1(c) introductory paragraph.
    27. In the entry for Checklist 175:
     Add: 264.1(j) intro and (j)(1), 264.73(b)(17), 264.554 
intro and (a) intro, 265.1(b), 265.118(c)(4), 265.118(c)(5), 
265.118(d)(1)(iii), 265.121, 265.140(d), 268.2(c), 268.50(g).
     The citation ``264.1(j)(4)-(17)'' should be corrected to 
read 264.1(j)(4)-(13).
    28. In the entry for Checklist 177: Add 264.1031 ``equipment'', 
264.1031 ``open-ended valve or line''.
    29. In the entry for Checklist 179:
     The citation ``268.40(e)''' is corrected to read 
``268.40(i) and (j)'',
     Add 261.2(c)(3), 261.2(c)/Table I, 261.2(e)(1)(iii), 
261.4(b)(7)(iii).
    30. Add the following new entry to the Table:

------------------------------------------------------------------------
       Federal citation                       State analog
------------------------------------------------------------------------
 
                              * * * * * * *
81. Land Disposal              A.C.A. Sec.  Sec.   8-7-209(b), 8-7-
 Restrictions--Phase IV--       205(1), 8-7-207, 8-7-209(a)(1), (5),
 Mineral Processing.            (6), (7), (8), (10), & (12), 8-7-
                                209(b)(5) & (6), 8-7-210(b), 8-7-212, 8-
                                7-213, 8-7-214
Secondary Materials            APC&EC Regulation 23 Regulation 23, Sec.
 Exclusion, [63 FR 28556] May   Sec.   261.2(c)(3), 261.2(c)/Table I,
 26, 1998. (Checklist 167 D).   261.2(e)(1)(iii), 261.4(a)(17), as
                                amended February 25, 2000, effective May
                                20, 2000.
------------------------------------------------------------------------

B. Corrections to the August 15, 2007 (72 FR 45663) Authorization 
Document

    1. In the entry for Checklist 185:
     The citation ``261.32(f)/Table'' is corrected to read 
``261.33(f)/Table''.
     Add 261.32(a), 268.48(a)/Table UTS.
    2. In the entry for Checklist 190:
     The citation ``268.32(b)(i)-(ii)'' is corrected to read 
``268.32(b)(1)(i)-(b)(2)(ii)''.
     Add 268.49(d), 268 Appendix III.
    3. In the entry for Checklist 192 B, the citation ``Appendix VII/
Table'' is corrected to read ``268 Appendix VII/Table''.
    4. In the entry for Checklist 195, add 268.40/Table.
    5. In the entry for Checklist 197:
     The citation ``266.100(b)(20)(i)-(v)'' is corrected to 
read ``266.100(b)(2)(i)-(v)''.
     Add 270.22 intro.
    6. In the entry for Checklist 199, add 261.24(a).

[[Page 36542]]

    7. In the entry for Checklist 203, the citation ``279.10(j)'' is 
corrected to read ``279.10(i)''.
    8. In the entry for Checklist 206, add the following note at the 
end of the entry: The State's regulations effective March 23, 2006 
erroneously omits the changes addressed by the February 24, 2005 final 
rule. This error is corrected in the State's June 2007 proposed 
rulemaking (APC&E Commission Docket #07-007-R).
    9. In the entry for Checklist 207, the citation ``264.71(e)'' is 
corrected to read ``264.71(f)''.
    10. Add the following new entries to the Table:

----------------------------------------------------------------------------------------------------------------
   Description of Federal requirement      Federal Register date and
    (include checklist , if      page (and/or RCRA statutory          Analogous State authority
                relevant)                          authority)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
26. Hazardous Air Pollutant Standards     64 FR 52828-53077,           Arkansas Code of 1987 Annotated (A.C.A.)
 for Combustors (Checklist 182).           September 30, 1999 as        as amended, effective August 2005.
                                           amended November 19, 1999,   Arkansas Pollution Control and Ecology
                                           at 64 FR 63209-63213.        (APC&E) Regulation Number 23 (Hazardous
                                                                        Waste Management) (HWM) Sections 260.10
                                                                        ``dioxins and furans (D/F)'', 260.10
                                                                        ``TEQ'', 261.38/Table 1, 264.340(b)-(e),
                                                                        264.601 intro, 265.340(b) & (c),
                                                                        266.100(b) through (h), 266.101(c) intro
                                                                        and (c)(1), 266.105(c) and (d),
                                                                        266.112(b)(1) intro, 266.112(b)(2)(i),
                                                                        266 Appendix VIII, 270.19 intro,
                                                                        270.19(e), 270.22 intro, 270.42 Appendix
                                                                        I, 270.62 intro and 270.66 intro, as
                                                                        amended December 9, 2005 effective March
                                                                        23, 2006.
27. Methods Innovation Rule and SW-846    70 FR 34538-34592, June 14,  Arkansas Code of 1987 Annotated (A.C.A.)
 Final Update IIIB (Checklist 208).        2005, as amended August 1,   as amended, effective August 2005.
                                           2005; 70 FR 44150-44151.     Arkansas Pollution Control and Ecology
                                                                        (APC&E) Regulation Number 23 (Hazardous
                                                                        Waste Management) (HWM) Sections 260.11,
                                                                        261.3(a)(2)(v), 261.21(a)(1),
                                                                        261.22(a)(1) & (2), 261.35(b)(2)(iii)(A)
                                                                        & (B), 261.38(c)(7) intro, 261 Appendix
                                                                        I, 261 Appendix IX, 264.190(a),
                                                                        264.314(c), 264.1034(c)(1)(ii) and (iv),
                                                                        264.1034(d)(1)(iii) and (f),
                                                                        264.1063(d)(2), 264 Appendix IX,
                                                                        265.190(a), 265.314(d),
                                                                        265.1034(c)(1)(ii) and (iv),
                                                                        265.1034(d)(1)(iii) and (f),
                                                                        265.1063(d)(2), 265.1081 ``waste
                                                                        stabilization process'', 265.1084,
                                                                        266.100(d)(1)(ii), 266.100(g)(2),
                                                                        266.102(b)(1), 266.106(a), 266.112(b)(1)
                                                                        intro, 266.112(b)(2)(i), 266 Appendix
                                                                        IX, 268.40(b), 268 Appendix IX,
                                                                        270.19(c)(1)(iii) and (iv),
                                                                        270.22(a)(2)(ii)(B), 270.62(b)(2)(i)(C)
                                                                        and (D), 270.66(c)(2)(i) and (ii),
                                                                        279.10(b)(1)(ii), 279.44(c) intro,
                                                                        279.53(c) intro, and 279.63(c) intro, as
                                                                        amended December 9, 2005 effective March
                                                                        23, 2006.
----------------------------------------------------------------------------------------------------------------

    11. Add the following text immediately after the Table:

    Note:  Arkansas requirement at 268.42(b) is not part of the 
State's authorized program. The requirement is not delegable to 
States.

III. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 272 
and incorporates by reference State statutes and regulations that the 
EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of the codification of Arkansas' hazardous waste 
management program?

    The EPA incorporated by reference Arkansas' then authorized 
hazardous waste program effective December 13, 1993 (58 FR 52674) and 
August 21, 1995 (60 FR 32112). In this action, EPA is revising subpart 
E of 40 CFR part 272 to include the recent authorization revision 
actions effective June 24, 2002 (67 FR 20038), and October 15, 2007 (72 
FR 45663).

C. What codification decisions have we made in this rule?

    The purpose of today's Federal Register document is to codify 
Arkansas' base hazardous waste management program and its revisions to 
that program. The EPA provided notices and opportunity for comments on 
the Agency's decisions to authorize the Arkansas program, and the EPA 
is not now reopening the decisions, nor requesting comments, on the 
Arkansas authorizations as published in the Federal Register notices 
specified in Section I.F of this document.
    This document incorporates by reference Arkansas' hazardous waste 
statutes and regulations and clarifies which of these provisions are 
included in the authorized and Federally enforceable program. By 
codifying Arkansas' authorized program and by amending the Code of 
Federal Regulations, the public will be more easily able to discern the 
status of Federally approved requirements of the Arkansas hazardous 
waste management program.
    The EPA is incorporating by reference the Arkansas authorized 
hazardous waste program in subpart E of 40 CFR part 272. Section 
272.201 incorporates by reference Arkansas' authorized hazardous waste 
statutes and regulations. Section 272.201 also references the statutory 
provisions (including procedural and enforcement provisions) which 
provide the legal basis for the State's implementation of the hazardous 
waste management program, the Memorandum of Agreement, the Attorney 
General's Statements and the Program Description, which are approved as 
part

[[Page 36543]]

of the hazardous waste management program under Subtitle C of RCRA.

D. What is the effect of Arkansas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Arkansas 
procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR 
lists the statutory and regulatory provisions which provide the legal 
basis for the State's implementation of the hazardous waste management 
program, as well as those procedural and enforcement authorities that 
are part of the State's approved program, but these are not 
incorporated by reference.

E. What state provisions are not part of the codification?

    The public needs to be aware that some provisions of Arkansas' 
hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Unauthorized amendments to authorized State provisions; and
    (3) New unauthorized State requirements.
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and EPA will not 
enforce them. Therefore, they are not incorporated by reference in 40 
CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists the 
Arkansas regulatory provisions which are ``broader in scope'' than the 
Federal program and which are not part of the authorized program being 
incorporated by reference. ``Broader in scope'' provisions cannot be 
enforced by EPA; the State, however, may enforce such provisions under 
State law.
    Additionally, Arkansas' hazardous waste regulations include 
amendments which have not been authorized by the EPA. Since the EPA 
cannot enforce a State's requirements which have not been reviewed and 
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it 
is important to be precise in delineating the scope of a State's 
authorized hazardous waste program. Regulatory provisions that have not 
been authorized by the EPA include amendments to previously authorized 
State regulations as well as new State requirements. State regulations 
that are not incorporated by reference in today's rule at 40 CFR 
272.201(c)(1), or that are not listed in 40 CFR 272.201(c)(3) 
(``broader in scope''), are considered new unauthorized State 
requirements. These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.
Statutory and Executive Order Reviews
    The Office of Management and Budget 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. This 
rule authorizes and incorporates by reference Arkansas' authorized 
hazardous waste management regulations, and imposes no additional 
requirements beyond those imposed by State law. This final rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation 
by reference will not impose any new burdens on small entities. 
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 rule 
merely authorizes and incorporates by reference certain existing State 
hazardous waste management program requirements which the EPA already 
approves under 40 CFR part 271, 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).
    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 and incorporates 
by reference existing State hazardous waste management program 
requirements without altering the relationship or the distribution of 
power and responsibilities established by RCRA. This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000).
    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 action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That

[[Page 36544]]

Significantly Affect Energy Supply Distribution or Use'' (66 FR 28344, 
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) do not apply.
    The final rule does not include environmental justice issues that 
require consideration under Executive Order 12898 (59 FR 7629, February 
16, 1994). 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. 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 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 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 August 27, 2010.

List of Subjects in 40 CFR Parts 271 and 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements.

    Authority: This notice 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: May 5, 2010.
Lawerence E. Starfield,
Regional Administrator, Region 6.

0
For the reasons set forth in the preamble, under the authority at 42 
U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final authorization 
under part 271 to the State of Arkansas for revisions to its hazardous 
waste program under the Resource Conservation and Recovery Act and is 
amending 40 CFR part 272 as follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 
6974(b).

Subpart E--[Amended]

0
2. Revise Sec.  272.201 to read as follows:


Sec.  272.201  Arkansas State-administered program: Final 
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted Arkansas final authorization for the following elements as 
submitted to EPA in Arkansas' Base program application for final 
authorization which was approved by EPA effective on January 25, 1985. 
Subsequent program revision applications were approved effective on May 
29, 1990; November 18, 1991; December 4, 1992; December 21, 1994, June 
24, 2002, October 15, 2007, and August 27, 2010.
    (b) The State of Arkansas has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and Regulations.
    (1) The Arkansas statutes and regulations cited in paragraph 
(c)(1)(i) of this section are incorporated by reference as part of the 
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 
6921 et seq. This incorporation by reference is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of the Arkansas statutes that are incorporated by 
reference are available from Michie Publishing, 1275 Broadway Albany, 
New York 12204, Phone: (800) 223-1940. Copies of the Arkansas 
regulations that are incorporated by reference are available from the 
Arkansas Department of Environmental Quality Web site at https://www.adeq.state.ar.us or the Public Outreach Office, ADEQ, Post Office 
Box 8913, Little Rock, AR 72219-8913, Phone: (501) 682-0923. You may 
inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 
(Phone number (214) 665-8533), or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA Approved Arkansas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated October 2007.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the 
State's implementation of the hazardous waste management program, but 
they are not being incorporated by reference and do not replace Federal 
authorities:
    (i) Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, 
Title 4, Business and Commercial Law, Chapter 75: Section 4-75-601(4) 
``Trade Secret''.
    (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, 
Title 8, Environmental Law, Chapter 1: Section 8-1-107.
    (iii) Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-205 through 8-
7-214, 8-7-217, 8-7-218, 8-7-220, 8-7-222, 8-7-224 and 8-7-225(b) 
through 8-7-225(d).
    (iv) Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2005 Supplement, Title 8, 
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-204 (except 8-
7-204(e)(3)(B)), 8-7-227.
    (v) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 3: Sections 8-7-302(3), 8-7-
303, 8-7-308.
    (vi) Remedial Action Trust Fund Act of 1985, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2000

[[Page 36545]]

Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 5: 
Sections 8-7-505(3), 8-7-507, 8-7-511.
    (vii) Remedial Action Trust Fund Act of 1985, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2005 Supplement, Title 8, 
Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-503(6) and 
(7), 8-7-508, 8-7-512.
    (viii) Arkansas Freedom of Information Act (FOIA) of 1967, as 
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2005 Supplement, 
Title 25, State Government, Chapter 19: Sections 25-19-103(1), 25-19-
105, 25-19-107.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended December 9, 
2005, effective March 23, 2006, Chapter One; Chapter Two, Sections 1, 
2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX, 
270.7(h) and (j), 270.10(e)(8), 270.34; Chapter Three, Sections 19 and 
21, 22; Chapter Five, Section 28.
    (x) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 7, Civil Penalties, July 24, 1992.
    (xi) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 8, Administrative Procedures, June 12, 2000.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 2: Section 8-7-226.
    (ii) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended December 9, 
2005, effective March 23, 2006, Chapter Two, Sections 6, 262.13(c), 
262.24(d), 263.10(e), 263.13, 264.71(e), 265.71(e); Chapter Three, 
Section 25.
    (4) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region VI and the State of Arkansas, signed by the Executive 
Director of the Arkansas Department of Environmental Quality (ADEQ) on 
November 3, 2000, and by the EPA Regional Administrator on April 5, 
2002, is referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization,'' signed by the Attorney General of Arkansas 
on July 9, 1984 and revisions, supplements, and addenda to that 
Statement dated September 24, 1987, February 24, 1989, December 11, 
1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994, 
February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997, 
December 12, 2001, and July 27, 2006 are referenced as part of the 
authorized hazardous waste management program under Subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

0
3. Appendix A to part 272, State Requirements, is amended by revising 
the listing for ``Arkansas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-202, 8-7-
203, 8-7-215, 8-7-216, 8-7-219, 8-7-221, 8-7-223 and 8-7-225(a).
    Arkansas Code of 1987 Annotated (A.C.A.), 2000 Supplement, Title 
8, Environmental Law, Chapter 10, Subchapter 3: Section 8-10-301(d).
    Copies of the Arkansas statutes that are incorporated by 
reference are available from Michie Publishing, 1275 Broadway, 
Albany, New York 12204, Phone: (800) 223-1940.
    The regulatory provisions include:
    Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended December 
9, 2005, effective March 23, 2006. Please note that the 2006 APC&E 
Commission Regulation No. 23, is the most recent version of the 
Arkansas authorized hazardous waste regulations. For a few 
provisions, the authorized version is found in the APC&E Commission 
Regulation 23, dated January 21, 1996. Arkansas made subsequent 
changes to these provisions but these changes have not been 
authorized by EPA. The provisions from the January 21, 1996 
regulations are noted below.
    Chapter Two, Sections 3(b) introductory paragraph, 3(b)(2), 
3(b)(4); Section 260--Hazardous Waste Management System--General--
260.1, 260.3, 260.10 (except the definitions of ``consolidation'' 
and ``mercury-containing device,'' and the phrase ``a written permit 
issued by the Arkansas Highway and Transportation Department 
authorizing a person to transport hazardous waste (Hazardous Waste 
Transportation Permit), or'' in the definition for ``permit''), 
260.11 (except 260.11(d)(2), (e)(2), (f)(2) and (g)(2)), 260.20(a), 
and (b), 260.21, 260.23, 260.30 through 260.33, 260.40, 260.41 and 
Appendix I.
    Section 261--Identification and Listing of Hazardous Waste--
261.1, 261.2, 261.3 (except 261.3(a)(2)(iii) and (e)), 261.4, 261.5, 
261.6 (except (a)(5)), 261.7 through 261.11, 261.20 through 261.24, 
261.30 through 261.33, 261.35, 261.38, Appendices I, VII and VIII.
    Section 262 Standards Applicable to Generators of Hazardous 
Waste--262.10 (except 262.10(d)), 262.11, 262.12, 262.13 (except 
262.13(c)), 262.20 (except 262.20(e)), 262.21, 262.22, 262.23, 
262.24 (except 262.24(d)), 262.27, 262.30, 262.31 through 262.34, 
262.35 (except the phrase ``and the requirements of Sec.  262.13(d) 
and Sec.  263.10(d)'' at 262.35(a)(2)), 262.40, 262.41 (except 
references to PCBs) (January 21, 1996), 262.42, 262.43, 262.50 
through 262.58, 262.60 (except 262.60(e)), 262.70 and Appendix I.
    Section 263--Standards Applicable to Transporters of Hazardous 
Waste 263.10 (except 263.10(d) and (e)), 263.11, 263.12, 263.20 
(except 263.20(g)(4)), 263.21, 263.22, 263.30 and 263.31.
    Section 264--Standards for Owners and Operators of Hazardous 
Waste Treatment, Storage, and Disposal Facilities--264.1 (except 
264.1(f) and 264.1(g)(7)), 264.3, 264.4, 264.10, 264.11, 264.12 
(except 264.12(a)(2)), 264.13 through 264.19, 264.20(a) through (c), 
264.30 through 264.35, 264.37, 264.50 through 264.56, 264.70, 264.71 
(except 264.71(a)(3), (d) and (e)), 264.72, 264.73, 264.74, 264.75 
(except 264.75(g)), 264.75(g) (January 21, 1996), 264.75(h) (January 
21, 1996), 264.76 (except 264.76(b)), 264.77, 264.90 through 
264.101, 264.110 through 264.120, 264.140, 264.141 (except the 
definition of ``captive insurance'' at 264.141(f)), 264.142, 264.143 
(except the last sentence of 264.143(e)(1)), 264.144, 264.145 
(except the last sentence of 264.145(e)(1)), 264.146, 264.147 
(except the last sentences of 264.147(a)(1)(i) and 264.147(b)(1)(ii) 
and except 264.147(g)(1)(ii)), 264.148, 264.151, 264.170 through 
264.174, 264.175 (except 264.175(d)(2)), 264.176 through 264.179, 
264.190 through 264.200, 264.220 through 264.223, 264.226 through 
264.232, 264.250 through 264.254, 264.256 through 264.259, 264.270 
through 264.273, 264.276, 264.278 through 264.283, 264.300 through 
264.304, 264.309, 264.310, 264.312(a), 264.313, 264.314 (except 
264.314(a)(2) and (a)(3)), 264.315, 264.316, 264.317, 264.340 
through 264.345, 264.347, 264.351, 264.550 through 264.553, 264.554 
(except 264.554(a)(2)), 264.555, 264.570 through 264.575, 264.600 
through 264.603, 264.1030 through 264.1036, 264.1050 (except 
264.1050(g)), 264.1051 through 264.1065, 264.1080 through 264.1090, 
264.1100, 264.1101, 264.1102, 264.1200, 264.1201, 264.1202, Appendix 
I (except codes T78 and T79 in Table 2), and Appendices IV, V and 
IX.
    Section 265--Interim Status Standards For Owners And Operators 
Of Hazardous Waste Treatment, Storage, And Disposal Facilities--
265.1 (except 265.1(c)(2) and (c)(4)), 265.4, 265.10, 265.11, 265.12 
(except 265.12(a)(2)),

[[Page 36546]]

265.13 through 265.19, 265.30 through 265.35, 265.37, 265.50 through 
265.56, 265.70, 265.71 (except 265.71(a)(3), (d) and (e)), 265.72, 
265.73, 265.74, 265.75 (except 265.75(g)), 265.75(g) (January 21, 
1996), 265.75(h) (January 21, 1996), 265.76, 265.77, 265.90 through 
265.94, 265.110 through 265.121, 265.140, 265.141 (except the 
definition of ``captive insurance'' at 265.141(f)), 265.142, 265.143 
(except the last sentence of 265.143(d)(1)), 265.144, 265.145, 
265.146, 265.147 (except the last sentences of 265.147(a)(1) and 
265.147(b)(1) and except 265.147(g)(1)(ii)), 265.148, 265.170 
through 265.174, 265.176, 265.177, 265.178, 265.190 through 265.202, 
265.220 through 265.226, 265.228 through 265.231, 265.250 through 
265.260, 265.270, 265.272, 265.273, 265.276, 265.278 through 
265.282, 265.300 through 265.304, 265.309, 265.310, 265.312(a), 
265.313, 265.314 (except 265.314(a)(2) and (3)), 265.315, 265.316, 
265.340, 265.341, 265.345, 265.347, 265.351, 265.352, 265.370, 
265.373, 265.375, 265.377, 265.381, 265.382, 265.383, 265.400 
through 265.406, 265.430, 265.440 through 265.445, 265.1030 through 
265.1035, 265.1050 (except 265.1050(f)), 265.1051 through 265.1064, 
265.1080 through 265.1102, 265.1200, 265.1201, 265.1202, Appendix I 
(except codes T78 and T79 in Table 2), and Appendices III through 
VI.
    Section 266--Standards for the Management of Specific Hazardous 
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23, 266.70 (except 266.70(b)(3)), 266.80, 266.100 
through 266.112, 266.200 through 266.206, 266.210, 266.220, 266.225, 
266.230, 266.235, 266.240, 266.245, 266.250, 266.255, 266.260, 
266.305, 266.310, 266.315, 266.320, 266.325, 266.330, 266.335, 
266.340, 266.345, 266.350, 266.355, 266.360 and Appendices I through 
XIII.
    Section 268--Land Disposal Restrictions--268.1 through 268.4, 
268.7 (except 268.7 (a)(2)(ii)), 268.9 (except 268.9(d)(2)(ii)), 
268.13, 268.14, 268.20, 268.30 through 268.39, 268.40 (except 
268.40(e)(1)--(4) and 268.40(i)), 268.41, 268.42 (except 268.42(b)), 
268.43, 268.45, 268.46, 268.48, 268.49, 268.50, Appendices III, IV, 
VI through IX and XI.
    Section 270--Administered Permit Programs: The Hazardous Waste 
Permit Program--270.1, 270.2, 270.3 (except 270.3(f), 270.4, 270.5, 
270.6(a) (except the reference to SW-846)), 270.6(b), 270.7 (except 
270.7(h) and (j)), 270.10 (except 270.10(e)(8) and (k)), 270.11 
through 270.33, 270.40 through 270.43, 270.50, 270.51, 270.60 
(except 270.60(a)), 270.61 through 270.66, 270.68, 270.70 through 
270.73, 270.79, 270.80, 270.85, 270.90, 270.95, 270.100, 270.105, 
270.110, 270.115, 270.120, 270.125, 270.130, 270.135, 270.140, 
270.145, 270.150, 270.155, 270.160, 270.165, 270.170, 270.175, 
270.180, 270.185, 270.190, 270.195, 270.200, 270.205, 270.210, 
270.215, 270.220, 270.225, 270.230 and 270.235.
    Section 273--Standards for Universal Waste Management--273.1 
through 273.4, 273.5 (except 273.5(b)(3)), 273.6, 273.8 through 
273.20, 273.30 through 273.40, 273.50 through 273.56, 273.60, 
273.61, 273.62, 273.70, 273.80, 273.81.
    Section 279--Standards for the Management of Used Oil--279.1, 
279.10, 279.11, 279.12, 279.20 through 279.24, 279.30, 279.31, 
279.32, 279.40 through 279.47, 279.50 through 279.67, 279.70 through 
279.75, 279.80, 279.81 and 279.82(a).
    Copies of the Arkansas regulations that are incorporated by 
reference are available from the Arkansas Department of 
Environmental Quality Web site at https://www.adeq.state.ar.us or the 
Public Outreach Office, ADEQ, Post Office Box 8913, Little Rock, AR 
72219-8913, Phone (501) 682-0923.
* * * * *
[FR Doc. 2010-15332 Filed 6-25-10; 8:45 am]
BILLING CODE 6560-50-P