Arkansas: Final Authorization of State Hazardous Waste Management Program Revision, 64678-64682 [2014-25724]

Download as PDF 64678 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations Inert ingredients Limits Uses * * * * * * 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). * Surfactants, related adjuvants of surfactants. * * * * * * 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). * Surfactants, related adjuvants of surfactants. * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 rmajette on DSK2VPTVN1PROD with RULES [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. VerDate Sep<11>2014 14:37 Oct 30, 2014 Jkt 235001 * 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: * PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 * * 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: E:\FR\FM\31OCR1.SGM 31OCR1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations 1. Federal eRulemaking Portal: http://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 VerDate Sep<11>2014 14:37 Oct 30, 2014 Jkt 235001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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, E:\FR\FM\31OCR1.SGM 31OCR1 64680 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). rmajette on DSK2VPTVN1PROD with RULES 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. VerDate Sep<11>2014 18:24 Oct 30, 2014 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\31OCR1.SGM 31OCR1 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 Jkt 235001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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 http:// 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 31OCR1

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: http://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