Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program, 4961-4969 [2016-01657]

Download as PDF Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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. EPA will submit a report containing this rule 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 of the rule 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 29, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 4, 2015. Shaun L. McGrath, Regional Administrator, Region 8. Editorial Note: This document was received for publication by the Office of Federal Register on January 14, 2016. 40 CFR part 52 is amended to read as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart TT—Utah 2. Section 52.2320 is amended by adding paragraph (c)(81) to read as follows: ■ § 52.2320 Identification of plan. * Frm 00017 Fmt 4700 Sfmt 4700 (C) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307–101, General Requirements; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012. (D) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307–102, General Requirements: Broadly Applicable Requirements; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012. (E) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307–307, Davis, Salt Lake, and Utah Counties: Road Salting and Sanding; effective November 8, 2012, as proposed in the Utah State Bulletin on September 1, 2012, and published as effective in the Utah State Bulletin on December 1, 2012. [FR Doc. 2016–01022 Filed 1–28–16; 8:45 am] * * * * (c) * * * (81) On February 25, 2013, August 5, 2013, and March 5, 2014, the Governor submitted revisions to the Utah State Implementation Plan (SIP) rules. The February 25, 2013 submittal renumbers Interstate Transport to R307–110–37. The August 5, 2013 SIP revisions give the Director of the Division of Air Quality the authority to make regulatory decisions that were previously made by either the Air Quality Board or the Executive Secretary of the Air Quality Board. The March 5, 2014 submittal establishes a 30-day public comment period for the public notice and comment period for all actions for new or modified sources. EPA is approving these revisions. (i) Incorporation by reference. (A) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307–110, General Requirements: State Implementation Plan, R307–110–37, Section XXIII, Interstate Transport; effective December 6, 2012, as proposed in the Utah State Bulletin on October 1, 2012, and published as effective in the Utah State Bulletin on January 1, 2013. (B) Title R307 of the Utah Administrative Code, Environmental Quality, Air Quality, R307–401, Permit: New and Modified Sources, R307–401– 7, Public Notice; effective October 3, 2013, as proposed in the Utah State Bulletin on August 1, 2013, and published as effective in the Utah State Bulletin on November 1, 2013. PO 00000 4961 BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA–R06–2015–2015–0661; FRL–9940–27– Region 6] Arkansas: Final Authorization of StateInitiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: During a review of Arkansas’ regulations, the Environmental Protection Agency (EPA) identified two 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. 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 SUMMARY: E:\FR\FM\29JAR1.SGM 29JAR1 jstallworth on DSK7TPTVN1PROD with RULES 4962 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 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 March 29, 2016, unless the EPA receives adverse written comment on this regulation by the close of business February 29, 2016. 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 March 29, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: patterson.alima@epa.gov or banks.julia@epa.gov. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or 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. 4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, or 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. Instructions: Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov, or email. The Federal http://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 email comment directly to the EPA without going through http:// www.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 VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 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. (For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/ dockets.htm). You can view and copy the documents that form the basis for this codification and associated publicly available materials from 8:30 a.m. to 4:00 p.m. Monday through Friday at the following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas, 75202– 2733, phone number (214) 665–8533 or (214) 665–8178. 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, or 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 or (214) 665–8178, and Email address patterson.alima@epa.gov or 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 this direct final action are already effective and are not changed by this action. D. Why wasn’t there a proposed rule before this rule? The EPA did not publish a proposal before this rule because we view this as E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 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 this Federal Register we are publishing a separate document that proposes to authorize the State program changes. jstallworth on DSK7TPTVN1PROD with RULES E. What happens if EPA receives comments that oppose this action? If the EPA receives comments that oppose the authorization of the Stateinitiated changes in this codification document, 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 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, 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 may 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 above. The Federal Register withdrawal document will specify which part of the authorization of the State program will become effective and which part is being withdrawn. In addition to the authorizing of the rules described above in this document. The purpose of this Federal Register document is to codify Arkansas’ base hazardous waste management program and its revisions to that program. The EPA has already 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 documents specified in Section I.F of this document. 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, VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 1994 (59 FR 51115), effective December 21, 1994, April 24, 2002 (67 FR 20038), effective June 24, 2002, as amended June 28, 2010 (75 FR 36538); August 15, 2007 (72 FR 45663), effective October 15, 2007, as amended June 28, 2010 (75 FR 36538); June 28, 2010 (75 FR 36538), effective August 27, 2010; August 10, 2012 (77 FR 47779), effective October 9, 2012; October 2, 2014 (79 FR 59438), effective December 1, 2014; and October 31, 2014, 79 FR 64678, effective December 30, 2014. G. What changes are we authorizing with this action? The State has made amendments to Arkansas Regulation No. 23 Sections 264.1030(c) and 265.142(a) introductory paragraph, analogous to 40 CFR 264.1030(c) and 265.142(a) introductory paragraph, respectively. 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 Stateinitiated 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 provisions are analogous to the indicated RCRA regulations found at 40 CFR as of July 1, 2011. The Arkansas provisions are from the Arkansas Pollution Control and Ecology Commission Regulation No. 23, Hazardous Waste Management, adopted on June 22, 2012, effective August 12, 2012. 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. 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 4963 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 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), August 21, 1995 (60 FR 32112), August 27, 2010 (75 FR 36538) and December 1, 2014 (79 FR 59438). Note: At 79 FR 59443, the State agency acronym should be referenced as ‘‘(ADEQ)’’ with regard to the State’s Memorandum of Agreement with the EPA. In this document, the EPA is revising subpart E of 40 CFR part 272 to include the authorization revision action effective December 30, 2014 (79 FR 64678). C. What codification decisions have we made in this rule? In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Arkansas rules described in the amendments to 40 CFR part 272 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). The purpose of this Federal Register document is to codify Arkansas’ base hazardous waste management program and its revisions to that program. The document incorporates by reference Arkansas’ hazardous waste statutes and regulations and clarifies which of these provisions are included in the E:\FR\FM\29JAR1.SGM 29JAR1 4964 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 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 management 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 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 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. jstallworth on DSK7TPTVN1PROD with RULES 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)); VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 (2) Federal rules adopted by Arkansas but for which the State is not authorized; (3) Unauthorized amendments to authorized State provisions; (4) New unauthorized State requirements; (5) A Federal program which has since been withdrawn by the U.S. EPA; and (6) Federal rules for which Arkansas is authorized but which were vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98– 1379 and 08–1144, June 27, 2014). State provisions that are ‘‘broader in scope’’ than the Federal program are not part of the RCRA authorized program and the 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 the 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 certain Federal rules and new State requirements. Arkansas has adopted but is not authorized for the following Federal rules published in the Federal Register on July 15, 1985 (50 FR 28702; amendments to 40 CFR 260.22 only); April 12, 1996 (61 FR 16290); October 4, 2005 (70 FR 57769); April 4, 2006 (71 FR 16862); July 14, 2006 (71 FR 40254); and January 8, 2010 (75 FR 1236). Therefore, these Federal amendments included in Arkansas’ regulations, are not part of the State’s authorized program and are not part of the incorporation by reference addressed by this Federal Register document. Arkansas adopted and was authorized for the following Federal Performance Track program, which has since been terminated by the U.S. EPA: published in the Federal Register on April 22, 2004 (69 FR 21737), as amended October 25, 2004 (69 FR 62217). PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Arkansas has also adopted but is not authorized for the April 4, 2006 (71 FR 16862) Burden Reduction Initiative amendments to the following provisions regarding Performance Track: 40 CFR 260.10, 265.15, 265.174, 265.195, 265.201, 265.1101, 270.42(l) and Item O.1 of appendix I to § 270.42. Arkansas has adopted and was authorized for the following Federal rules which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98– 1379 and 08–1144, respectively; June 27, 2014): (1) The Comparable Fuels Exclusion at 40 CFR 261.4(a)(16) and 261.38 published in the Federal Register on June 19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and (2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR 57). State regulations that are not incorporated by reference in this rule at 40 CFR 272.201(c)(1), or that are not listed in 40 CFR 272.201(c)(2) (‘‘legal basis for the State’s implementation of the hazardous waste management program’’), 40 CFR 272.201(c)(3) (‘‘broader in scope’’) or 40 CFR 272.201(c)(4) (‘‘unauthorized state amendments’’), 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 the 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 E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES authorization for those revisions pursuant to 40 CFR part 271. Instead of amending 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 (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. This rule incorporates by reference Arkansas’ authorized hazardous waste management regulations 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 rule merely incorporates by reference certain existing State hazardous waste management program requirements which the EPA already approved under 40 CFR part 271, and with which regulated entities must already comply, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 incorporates by reference existing authorized State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 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 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. The requirements being codified are the result of Arkansas’ voluntary participation in the EPA’s State program authorization process under RCRA Subtitle C. 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 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 amended 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). PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 4965 List of Subjects 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. 40 CFR Part 272 Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply. Authority: This rule 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: November 16, 2015. Ron Curry, Regional Administrator, Region 6. 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 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, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). ■ 2. Revise § 272.201 to read as follows: § 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; August 27, 2010; October 9, 2012, December 1, 2014, December 30, 2014 and March 29, 2016. (b) The State of Arkansas has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to E:\FR\FM\29JAR1.SGM 29JAR1 4966 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 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. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Arkansas statutes that are incorporated by reference 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 http://www.adeq.state.ar.us/regs/ default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118– 5317, 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: http://www.archives.gov/ federal-register/cfr/ibr-locations.html. (i) The binder entitled ‘‘EPAApproved Arkansas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program’’, dated December 2014. (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.), 2011 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.), 2011 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.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 2: Sections 8–7–204 (except 8–7–204(e)(3)(B)), 8–7–205 through 8– 7–214, 8–7–217, 8–7–218, 8–7–220, 8– 7–222, 8–7–224, 8–7–225(b) through 8– 7–225(d), and 8–7–227. (iv) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 3: Sections 8–7–302(3), 8–7–303 and 8–7–308. (v) Remedial Action Trust Fund Act of 1985, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 5: Sections 8–7–503(6) and (7), 8–7–505(3), 8–7– 507, 8–7–508, 8–7–511 and 8–7–512. (vi) Arkansas Freedom of Information Act (FOIA) of 1967, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 25, State Government, Chapter 19: Sections 25–19–103(1), 25–19–105, 25–19–107. (vii) Arkansas Pollution Control and Ecology (APC&E) Commission Regulation No. 23, Hazardous Waste Management, as amended June 22, 2012, effective August 12, 2012, 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, 21 and 22; Chapter Five, Section 28. (viii) Arkansas Pollution Control and Ecology (APC&E) Commission, Regulation No. 7, Civil Penalties, July 24, 1992. (ix) Arkansas Pollution Control and Ecology (APC&E) Commission, Regulation No. 8, Administrative Procedures, February 12, 2009. (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.), 2011 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 June 22, 2012, effective August 12, 2012, Chapter Two, Sections 6, 262.13(c), 262.24(d), 263.10(e), 263.13, 264.71(e), and 265.71(e). (4) Unauthorized State amendments and provisions. (i) Arkansas has partially or fully adopted, but is not authorized to implement, the Federal rules that are listed in the table in this paragraph (c)(4)(i). The EPA will continue to implement the Federal HSWA requirements for which Arkansas is not authorized until the State receives specific authorization for those requirements. The EPA will not enforce the non-HSWA Federal rules although they may be enforceable under State law. For those Federal rules that contain both HSWA and non-HSWA requirements, the EPA will enforce only the HSWA portions of the rules. Federal Register reference Federal requirement jstallworth on DSK7TPTVN1PROD with RULES HSWA Codification Rule—Delisting (HSWA) (Checklist 17B—amendments to 40 CFR 260.22 only) ......... Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (‘‘Headworks exemptions’’) (Non-HSWA) (Checklist 211). Burden Reduction Initiative (HSWA and Non-HSWA) (Checklist 213) .......................................................... Corrections to Errors in the Code of Federal Regulations (HSWA and Non-HSWA) (Checklist 214) .......... (ii) The Federal rules listed in the table in this paragraph (c)(4)(ii) are not VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 delegable to States. Arkansas has adopted these provisions and left the PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Publication date 50 FR 28702 70 FR 57769 July 15, 1985. October 4, 2005. 71 FR 16862 71 FR 40254 April 4, 2006. July 14, 2006. authority to the EPA for implementation and enforcement. E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations Federal Register reference Federal requirement Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA) (Checklist 152). OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222) ......... (5) Terminated Federal program. Arkansas adopted and was authorized for the following Federal program as amended, which has since been terminated by the U.S. EPA. In addition, Arkansas has adopted and is not authorized for the April 4, 2006 Burden Reduction Initiative (71 FR 16862; Checklist 213) amendments to these provisions affecting the Performance Federal Register reference National Environmental Performance Track Program (Checklist 204) ........................................................... National Environmental Performance Track Program; Corrections (Rule 204.1) .......................................... since been vacated by the U.S. Court of Appeals for the District of Columbia jstallworth on DSK7TPTVN1PROD with RULES Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—40 CFR 261.4(a)(16) and 261.38 only). Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i)). Expansion of RCRA Comparable Fuel Exclusion (Checklist 221—amendments to 40 CFR 261.4(a)(16) and 261.38). VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 3. Appendix A to part 272 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.), 2011 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.), 2011 Replacement, 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 PO 00000 Frm 00023 69 FR 21737 69 FR 62217 Federal Register reference (9) 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. Fmt 4700 Sfmt 4700 April 12, 1996. January 8, 2010. Publication date April 22, 2004. October 25, 2004. Circuit (D.C. Cir. No. 98–1379 and 08– 1144, respectively; June 27, 2014): Federal requirement (7) 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 June 27, 2012, and by the EPA Regional Administrator on July 10, 2012, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (8) 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, July 27, 2006, December 12, 2010 and October 1, 2012 are referenced as part of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. 75 FR 1236 Publication date Track program: 40 CFR 260.10, 265.15, 265.174, 265.195, 265.201, 265.1101, 270.42(l) and Item O.1 of appendix I to § 270.42. Federal requirement (6) Vacated Federal rules. Arkansas adopted and was authorized for the following Federal rules which have 61 FR 16290 4967 63 FR 33782 73 FR 57 73 FR 77954 Publication date June 19, 1998. January 2, 2008. December 19, 2008. 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 June 22, 2012, effective August 12, 2012. Please note that the 2012 APC&E Commission Regulation No. 23, is the most recent version of the Arkansas authorized hazardous waste regulations. For a few provisions, the authorized versions are found in the APC&E Commission Regulation 23, effective January 21, 1996, March 23, 2006 or June 13, 2010. Arkansas made subsequent changes to these provisions but these changes have not been authorized by EPA. The provisions from the January 21, 1996, March 23, 2006 or June 13, 2010 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’’, ‘‘gasification’’, ‘‘Performance Track member facility’’, 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 reserved provisions); 260.20 (except 260.20(c) through (f)); 260.21; 260.23; 260.30; 260.31(a); E:\FR\FM\29JAR1.SGM 29JAR1 jstallworth on DSK7TPTVN1PROD with RULES 4968 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 260.31(b) introductory paragraph; 260.31 (b)(1) through (8) (March 23, 2006); 260.31(c); 260.32; 260.33; 260.40; and 260.41. Section 261—Identification and Listing of Hazardous Waste—261.1; 261.2; 261.3 (except 261.3(a)(2)(iv) and reserved provisions); 261.3(a)(2)(iv) (March 23, 2006); 261.4(a) (except 261.4(a)(9)(iii), 261.4(a)(12)(i), and 261.4(a)(16)); 261.4(a)(9)(iii) (March 23, 2006); 261.4(b) through (e); 261.4(f) (except 261.4(f)(9)); 261.4(f)(9) (March 23, 2006); 261.4(g); 261.5; 261.6 (except (a)(5)); 261.7; 261.8; 261.9; 261.10; 261.11; 261.20 through 261.24; 261.30 through 261.33; 261.35; 261.39, 261.40, 261.41, 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 reserved provision); 262.21; 262.22; 262.23; 262.24 (except 262.24(d)); 262.27; 262.30; 262.31 through 262.33; 262.34 (except 262.34(j)–(l)); 262.35 (except the phrase ‘‘and the requirements of § 262.13(d) and § 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; 262.200 through 262.216; 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) and reserved provision), 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 reserved provisions); 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 (except 264.73(b)(18) and (b)(19)); 264.74; 264.75 (except first occurrence of 264.75(a) through (d) and 264.75(g)); 264.75(g) (January 21, 1996); 264.75(h) (January 21, 1996); 264.76(a); 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 reserved provision); 264.148; 264.151; 264.170 through 264.174; 264.175 (except reserved provision); 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)) (June 13, 2010); 264.315; 264.316 (except 264.316(b)); 264.316(b) (June 13, 2010); 264.317; 264.340 through 264.345; 264.347 (March 23, 2006); 264.351; 264.550, 264.551; 264.552 (except 264.552 (a)(3)(ii)–(iv)); 264.552 (a)(3)(ii)–(iv) (June 13, 2010); 264.553 through 264.555 (except reserved provision); 264.570 through 264.575; 264.600 through 264.603; 264.1030 VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 through 264.1036; 264.1050 through 264.1061(except reserved provision); 264.1062 (June 13, 2010); 264.1063 through 264.1065; 264.1080 through 264.1090; 264.1100 through 264.1102; 264.1200; 264.1201; 264.1202; Appendix I; 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)(4) and reserved provisions); 265.4, 265.10, 265.11, 265.12 (except 265.12(a)(2)), 265.13, 265.14, 265.15 (except the phrase ‘‘, except for Performance Track member facilities . . . as described in paragraph (b)(5) of this section’’ at 265.15(b)(4) and 265.15(b)(5)); 265.16 (except 265.16(a)(4)); 265.17 through 265.19; 265.30 through 265.35; 265.37; 265.50; 265.51; 265.52 (except the last three sentences of 265.52(b)); 265.53 through 265.55; 265.56 (except 265.56(i)); 265.56(i) and (j) (March 23, 2006); 265.70, 265.71 (except 265.71(a)(3), (d) and (e)), 265.72; 265.73 (March 23, 2006); 265.74; 265.75 (except 265.75(g)); 265.75(g) and (h) (January 21, 1996); 265.76(a); 265.77; 265.90 (except the last sentence of 265.90(d)(1), and in 265.90(d)(3) the phrase ‘‘and place it in the facility’s . . . closure of the facility’’); 265.91; 265.92; 265.93 (except the last sentence of 265.93(d)(2) and the last sentence of 265.93(d)(5)); 265.94; 265.110 through 265.112; 265.113 (except 265.113(e)(5)); 265.113(e)(5) (March 23, 2006); 265.114 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) and ‘‘qualified’’ before ‘‘Arkansas-registered Professional Engineer’’ in 265.143(h)); 265.144; 265.145; 265.146; 265.147 (except the last sentences of 265.147(a)(1) and 265.147(b)(1), ‘‘qualified’’ before ‘‘Arkansas-registered Professional Engineer’’ in 265.147(e) and reserved provision); 265.148; 265.170 through 265.173; 265.174 (March 23, 2006); 265.176; 265.177, 265.178, 265.190; 265.191; 265.192; 265.193(a) (March 23, 2006); 265.193(b) through 265.193(i); 265.194; 265.195 (March 23, 2006); 265.196 through 265.200; 265.201 (March 23, 2006); 265.202; 265.220; 265.221 (except 265.221(a)); 265.221(a) (March 23, 2006); 265.222; 265.223 and 265.224 (March 23, 2006); 265.225; 265.226; 265.228 through 265.231; 265.250 through 265.258; 265.259(a) (March 23, 2006); 265.259(b) and (c); 265.260; 265.270; 265.272; 265.273; 265.276; 265.278; 265.279; 265.280 (except the word ‘‘qualified’’ before ‘‘Arkansas-registered professional engineer’’ in 265.180(e)); 265.281; 265.282; 265.300; 265.301(a) (March 23, 2006); 265.301(b) through 265.301(i); 265.302; 265.303(a) (March 23, 2006); 265.303(b) and (c); 265.304; 265.309; 265.310; 265.312(a); 265.313; 265.314(a) (except 265.314(a)(2) and (a)(3)) (March 23, 2006); 265.314(b) (except the last sentence) (March 23, 2006); 265.314(c) through (g) (March 23, 2006); 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 (except reserved provision); 265.1050 (except reserved PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 provision); 265.1051 through 265.1060; 265.1061 (March 23, 2006); 265.1062 (March 23, 2006); 265.1063; 265.1064; 265.1080 through 265.1090; 265.1100 (March 23, 2006); 265.1101 (except (c)(2) and the phrase ‘‘, except for Performance Track . . . director’’ and the last sentence in 265.1101(c)(4)); 265.1101 (c)(2) (March 23, 2006); 265.1102; 265.1200; 265.1201; 265.1202; Appendix I; 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 (except items 6 and 7 to the 266.80(a) table); 266.100; 266.101; 266.102 (except 266.102(e)(10)); 266.102(e)(10) (March 23, 2006); 266.103 (except 266.103(d) and (k)); 266.103(d) and (k) (March 23, 2006); 266.104 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 267—Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit— 267.1 through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50 through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110 through 267.113; 267.115 through 267.117; 267.140 through 267.143; 267.147 through 267.151; 267.170 through 267.177; 267.190 through 267.204; and 267.1100 through 267.1108. Section 268—Land Disposal Restrictions— 268.1; 268.2 through 268.4, 268.7(a) (except 268.7(a)(1) and reserved provisions); 268.7(a)(1) (March 23, 2006); 268.7(b) (except 268.7(b)(6)); 268.7(b)(6) (March 23, 2006); 268.7(c) through (e); 268.9(a) (except second sentence); 268.9(b) and (c); 268.9(d) introductory paragraph (March 23, 2006); 268.9(d) (1) and (2) (except reserved provision); 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; and 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 reserved provision); 270.4; 270.5; 270.6; 270.7 (except 270.7(h) and (j)); 270.10 (except 270.10(e)(8) and (k)); 270.11 through 270.33; 270.40; 270.41; 270.42 (except 270.42(l)); 270.42 Appendix I (except entry at item O); 270.43; 270.50; 270.51; 270.60 (except reserved provision); 270.61 through 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; 270.235; 270.250; 270.255; 270.260; 270.265; 270.270; 270.275; 270.280; 270.290; 270.300; 279.305; 270.310; 270.315; and 270.320. Section 273—Standards for Universal Waste Management—273.1 through 273.4; E:\FR\FM\29JAR1.SGM 29JAR1 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 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 (except 273.70 (d)); 273.80; and 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 http:// www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118–5317, Phone: (501) 682– 0923. * * * * * [FR Doc. 2016–01657 Filed 1–28–16; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 15, 27, 73, and 74 [GN Docket No. 12–268, FCC 15–140] Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (‘‘Commission’’ or ‘‘FCC’’) defines when and in what areas 600 MHz Band wireless licensees will be deemed to ‘‘commence operations’’ for the purpose of establishing when secondary and unlicensed users must cease operations and vacate the 600 MHz Band. DATES: The rules will become effective February 29, 2016, except for §§ 15.713(b)(2)(iv), 15.713(j)(10) introductory text, 15.715(n), and 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), and (g)(4)(v), which contain new or modified information collection requirements that require approval by the Office of Management and Budget under the Paperwork Reduction Act. The Commission will publish a document in the Federal Register announcing the effective date for those rules. FOR FURTHER INFORMATION CONTACT: Paul Malmud of the Wireless Telecommunications Bureau, Broadband Division, at 202–418–0006 or paul.malmud@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of Expanding the Economic jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 and Innovation Opportunities of Spectrum Through Incentive Auctions, GN Docket No. 12–268, FCC 15–140, adopted October 21, 2015 (‘‘Commencing Operations R&O’’). §§ 15.713(b)(2)(iv), 15.713(j)(10) introductory text, 15.715(n), and 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), and (g)(4)(v) of the rules contain previously adopted new or modified information collection requirements that the Commission previously stated would require approval by the Office of Management and Budget under the Paperwork Reduction Act. 79 FR 48539 (Aug. 15, 2014); and 80 FR 73070 (Nov. 23, 2015). The Commission will publish a notice in the Federal Register announcing the effective date for these rules, which will be different than the notice for the other adopted rules. The complete text of this document is available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW., Room CY–A257, Washington, DC 200554. It is also available on the Commission’s Web site at http:// wireless.fcc.gov, or by using the search function on the ECFS Web page at http://www.fcc.gov/cgb/ecfs/. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or telephone the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 18–0432 (TTY). Supplemental Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended (‘‘RFA’’), an Initial Regulatory Flexibility Analysis (‘‘IRFA’’) was incorporated in the Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions 77 FR 69934, Nov. 21, 2012 (‘‘Incentive Auction NPRM’’). The Commission sought written public comment on the proposals in the Incentive Auction NPRM, including comment on the IRFA. The Commission subsequently incorporated a Final Regulatory Flexibility Analysis (‘‘FRFA’’) in Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions 79 FR 48442, (Aug. 15, 2014) (‘‘Incentive Auction R&O’’).This Supplemental FRFA conforms to the RFA and incorporates by reference the FRFA in the Incentive Auction R&O. It reflects changes to the Commission’s rules arising from defining ‘‘commence PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 4969 operations’’ in this Commencing Operations R&O. Report to Small Business Administration The Commission will send a copy of this Commencing Operations R&O, including this Supplemental FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. Congressional Review Act The Commission will send a copy of the Commencing Operations R&O, including this Supplemental FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. A copy of the Commencing Operations R&O and Supplemental FRFA (or summaries thereof) will also be published in the Federal Register. I. Introduction 1. In the Incentive Auction R&O, the Commission adopted transition rules that permit low power television and TV translator (‘‘LPTV’’) stations, fixed broadcast auxiliary service operations (‘‘BAS’’), and unlicensed white space devices (hereinafter, collectively, ‘‘secondary and unlicensed users’’) to continue operating in the 600 MHz Band, under specified conditions, after the spectrum has been licensed to new 600 MHz Band wireless licensees. The secondary and unlicensed users must vacate the band once the wireless licensee ‘‘commences operations’’ in its licensed 600 MHz spectrum, or on a date certain.1 In this Commencing Operations R&O, the Commission defines when and in what areas 600 MHz Band wireless licensees will be deemed to ‘‘commence operations’’ for the purpose of establishing when the secondary and unlicensed users must cease operations and vacate the 600 MHz Band in those areas. Specifically, 1 See Incentive Auction R&O. This Commencing Operations R&O only addresses the requirements relating to secondary and unlicensed users vacating the 600 MHz Band where 600 MHz Band wireless licensees commence operations. Secondary and unlicensed users also may be required to vacate portions of the 600 MHz Band to the extent the auction system assigns a television station to a channel in the 600 MHz Band. See Broadcast Incentive Auction Scheduled to Begin March 29, 2016; Procedures for Competitive Bidding in Auction 1000, Including Initial Clearing Target Determination, Qualifying to Bid, and Bidding in Auctions 1001 (Reverse) and 1002 (Forward), 80 FR 61918, Oct. 14, 2014. E:\FR\FM\29JAR1.SGM 29JAR1

Agencies

[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Rules and Regulations]
[Pages 4961-4969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2015-2015-0661; FRL-9940-27-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: During a review of Arkansas' regulations, the Environmental 
Protection Agency (EPA) identified two 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.
    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

[[Page 4962]]

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 March 29, 2016, unless the EPA 
receives adverse written comment on this regulation by the close of 
business February 29, 2016. 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 March 29, 2016 in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: patterson.alima@epa.gov or banks.julia@epa.gov.
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, or 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.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, or 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.
    Instructions: Do not submit information that you consider to be CBI 
or otherwise protected through http://www.regulations.gov, or email. 
The Federal http://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 email comment directly to the EPA without going through 
http://www.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. (For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4:00 p.m. Monday through Friday at the following location: EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number 
(214) 665-8533 or (214) 665-8178. 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, or 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 or (214) 665-8178, and Email 
address patterson.alima@epa.gov or 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 this direct final action are already 
effective and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view 
this as

[[Page 4963]]

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 this 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 the authorization of the 
State-initiated changes in this codification document, 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 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, 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 may 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 above. The Federal 
Register withdrawal document will specify which part of the 
authorization of the State program will become effective and which part 
is being withdrawn.
    In addition to the authorizing of the rules described above in this 
document. The purpose of this Federal Register document is to codify 
Arkansas' base hazardous waste management program and its revisions to 
that program. The EPA has already 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 documents specified in Section I.F of this document.

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, as amended 
June 28, 2010 (75 FR 36538); August 15, 2007 (72 FR 45663), effective 
October 15, 2007, as amended June 28, 2010 (75 FR 36538); June 28, 2010 
(75 FR 36538), effective August 27, 2010; August 10, 2012 (77 FR 
47779), effective October 9, 2012; October 2, 2014 (79 FR 59438), 
effective December 1, 2014; and October 31, 2014, 79 FR 64678, 
effective December 30, 2014.

G. What changes are we authorizing with this action?

    The State has made amendments to Arkansas Regulation No. 23 
Sections 264.1030(c) and 265.142(a) introductory paragraph, analogous 
to 40 CFR 264.1030(c) and 265.142(a) introductory paragraph, 
respectively. 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 provisions are analogous to the indicated 
RCRA regulations found at 40 CFR as of July 1, 2011. The Arkansas 
provisions are from the Arkansas Pollution Control and Ecology 
Commission Regulation No. 23, Hazardous Waste Management, adopted on 
June 22, 2012, effective August 12, 2012.

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. 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 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), 
August 21, 1995 (60 FR 32112), August 27, 2010 (75 FR 36538) and 
December 1, 2014 (79 FR 59438). Note: At 79 FR 59443, the State agency 
acronym should be referenced as ``(ADEQ)'' with regard to the State's 
Memorandum of Agreement with the EPA.
    In this document, the EPA is revising subpart E of 40 CFR part 272 
to include the authorization revision action effective December 30, 
2014 (79 FR 64678).

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

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Arkansas rules described in the amendments to 40 CFR part 272 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through www.regulations.gov and in hard copy 
at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    The purpose of this Federal Register document is to codify 
Arkansas' base hazardous waste management program and its revisions to 
that program. The document incorporates by reference Arkansas' 
hazardous waste statutes and regulations and clarifies which of these 
provisions are included in the

[[Page 4964]]

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 management 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 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 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) Federal rules adopted by Arkansas but for which the State is 
not authorized;
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements;
    (5) A Federal program which has since been withdrawn by the U.S. 
EPA; and
    (6) Federal rules for which Arkansas is authorized but which were 
vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 08-1144, June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and the 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 the 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 certain Federal rules and new State 
requirements.
    Arkansas has adopted but is not authorized for the following 
Federal rules published in the Federal Register on July 15, 1985 (50 FR 
28702; amendments to 40 CFR 260.22 only); April 12, 1996 (61 FR 16290); 
October 4, 2005 (70 FR 57769); April 4, 2006 (71 FR 16862); July 14, 
2006 (71 FR 40254); and January 8, 2010 (75 FR 1236). Therefore, these 
Federal amendments included in Arkansas' regulations, are not part of 
the State's authorized program and are not part of the incorporation by 
reference addressed by this Federal Register document.
    Arkansas adopted and was authorized for the following Federal 
Performance Track program, which has since been terminated by the U.S. 
EPA: published in the Federal Register on April 22, 2004 (69 FR 21737), 
as amended October 25, 2004 (69 FR 62217). Arkansas has also adopted 
but is not authorized for the April 4, 2006 (71 FR 16862) Burden 
Reduction Initiative amendments to the following provisions regarding 
Performance Track: 40 CFR 260.10, 265.15, 265.174, 265.195, 265.201, 
265.1101, 270.42(l) and Item O.1 of appendix I to Sec.  270.42.
    Arkansas has adopted and was authorized for the following Federal 
rules which have since been vacated by the U.S. Court of Appeals for 
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, 
respectively; June 27, 2014): (1) The Comparable Fuels Exclusion at 40 
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June 
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and 
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR 
57).
    State regulations that are not incorporated by reference in this 
rule at 40 CFR 272.201(c)(1), or that are not listed in 40 CFR 
272.201(c)(2) (``legal basis for the State's implementation of the 
hazardous waste management program''), 40 CFR 272.201(c)(3) (``broader 
in scope'') or 40 CFR 272.201(c)(4) (``unauthorized state 
amendments''), 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 the 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

[[Page 4965]]

authorization for those revisions pursuant to 40 CFR part 271.
    Instead of amending 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 (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. This 
rule incorporates by reference Arkansas' authorized hazardous waste 
management regulations 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 rule merely incorporates by reference certain 
existing State hazardous waste management program requirements which 
the EPA already approved under 40 CFR part 271, and with which 
regulated entities must already comply, it does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Public Law 
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 incorporates by reference 
existing authorized 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 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.
    The requirements being codified are the result of Arkansas' 
voluntary participation in the EPA's State program authorization 
process under RCRA Subtitle C. 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 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 amended 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).

List of Subjects

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.

40 CFR Part 272

    Hazardous materials transportation, Hazardous waste, Incorporation 
by reference, Intergovernmental relations, Water pollution control, 
Water supply.

    Authority:  This rule 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: November 16, 2015.
 Ron Curry,
Regional Administrator, Region 6.

    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, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


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; August 27, 2010; October 9, 2012, December 
1, 2014, December 30, 2014 and March 29, 2016.
    (b) The State of Arkansas has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to

[[Page 4966]]

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. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Arkansas statutes that are incorporated by reference 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 http://www.adeq.state.ar.us/regs/default.htm or the 
Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, 
Arkansas 72118-5317, 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: http://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 December 2014.
    (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.), 2011 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.), 2011 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.), 2011 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-204 (except 8-
7-204(e)(3)(B)), 8-7-205 through 8-7-214, 8-7-217, 8-7-218, 8-7-220, 8-
7-222, 8-7-224, 8-7-225(b) through 8-7-225(d), and 8-7-227.
    (iv) Arkansas Resource Reclamation Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 3: Sections 8-7-302(3), 8-7-
303 and 8-7-308.
    (v) Remedial Action Trust Fund Act of 1985, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, 
Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-503(6) and 
(7), 8-7-505(3), 8-7-507, 8-7-508, 8-7-511 and 8-7-512.
    (vi) Arkansas Freedom of Information Act (FOIA) of 1967, as 
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, 
Title 25, State Government, Chapter 19: Sections 25-19-103(1), 25-19-
105, 25-19-107.
    (vii) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended June 22, 
2012, effective August 12, 2012, 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, 21 
and 22; Chapter Five, Section 28.
    (viii) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 7, Civil Penalties, July 24, 1992.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 8, Administrative Procedures, February 12, 2009.
    (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.), 2011 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 June 22, 
2012, effective August 12, 2012, Chapter Two, Sections 6, 262.13(c), 
262.24(d), 263.10(e), 263.13, 264.71(e), and 265.71(e).
    (4) Unauthorized State amendments and provisions. (i) Arkansas has 
partially or fully adopted, but is not authorized to implement, the 
Federal rules that are listed in the table in this paragraph (c)(4)(i). 
The EPA will continue to implement the Federal HSWA requirements for 
which Arkansas is not authorized until the State receives specific 
authorization for those requirements. The EPA will not enforce the non-
HSWA Federal rules although they may be enforceable under State law. 
For those Federal rules that contain both HSWA and non-HSWA 
requirements, the EPA will enforce only the HSWA portions of the rules.

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
HSWA Codification Rule--          50 FR 28702  July 15, 1985.
 Delisting (HSWA) (Checklist
 17B--amendments to 40 CFR
 260.22 only).
Revision of Wastewater            70 FR 57769  October 4, 2005.
 Treatment Exemptions for
 Hazardous Waste Mixtures
 (``Headworks exemptions'')
 (Non-HSWA) (Checklist 211).
Burden Reduction Initiative       71 FR 16862  April 4, 2006.
 (HSWA and Non-HSWA)
 (Checklist 213).
Corrections to Errors in the      71 FR 40254  July 14, 2006.
 Code of Federal Regulations
 (HSWA and Non-HSWA)
 (Checklist 214).
------------------------------------------------------------------------

    (ii) The Federal rules listed in the table in this paragraph 
(c)(4)(ii) are not delegable to States. Arkansas has adopted these 
provisions and left the authority to the EPA for implementation and 
enforcement.

[[Page 4967]]



------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
Imports and Exports of            61 FR 16290  April 12, 1996.
 Hazardous Waste:
 Implementation of OECD
 Council Decision (HSWA)
 (Checklist 152).
OECD Requirements; Export          75 FR 1236  January 8, 2010.
 Shipments of Spent Lead-Acid
 Batteries (Non-HSWA)
 (Checklist 222).
------------------------------------------------------------------------

    (5) Terminated Federal program. Arkansas adopted and was authorized 
for the following Federal program as amended, which has since been 
terminated by the U.S. EPA. In addition, Arkansas has adopted and is 
not authorized for the April 4, 2006 Burden Reduction Initiative (71 FR 
16862; Checklist 213) amendments to these provisions affecting the 
Performance Track program: 40 CFR 260.10, 265.15, 265.174, 265.195, 
265.201, 265.1101, 270.42(l) and Item O.1 of appendix I to Sec.  
270.42.

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
National Environmental            69 FR 21737  April 22, 2004.
 Performance Track Program
 (Checklist 204).
National Environmental            69 FR 62217  October 25, 2004.
 Performance Track Program;
 Corrections (Rule 204.1).
------------------------------------------------------------------------

    (6) Vacated Federal rules. Arkansas adopted and was authorized for 
the following Federal rules which have since been vacated by the U.S. 
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 
98-1379 and 08-1144, respectively; June 27, 2014):

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
Hazardous Waste Combustors;       63 FR 33782  June 19, 1998.
 Revised Standards (HSWA)
 (Checklist 168--40 CFR
 261.4(a)(16) and 261.38
 only).
Exclusion of Oil-Bearing             73 FR 57  January 2, 2008.
 Secondary Materials
 Processed in a Gasification
 System to Produce Synthesis
 Gas (Checklist 216--
 Definition of
 ``Gasification'' at 40 CFR
 260.10 and amendment to 40
 CFR 261.4(a)(12)(i)).
Expansion of RCRA Comparable      73 FR 77954  December 19, 2008.
 Fuel Exclusion (Checklist
 221--amendments to 40 CFR
 261.4(a)(16) and 261.38).
------------------------------------------------------------------------

    (7) 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 
June 27, 2012, and by the EPA Regional Administrator on July 10, 2012, 
is referenced as part of the authorized hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) 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, July 27, 2006, December 12, 2010 and October 1, 2012 
are referenced as part of the authorized hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (9) 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 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.), 2011 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.), 2011 Replacement, 
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 June 22, 
2012, effective August 12, 2012. Please note that the 2012 APC&E 
Commission Regulation No. 23, is the most recent version of the 
Arkansas authorized hazardous waste regulations. For a few 
provisions, the authorized versions are found in the APC&E 
Commission Regulation 23, effective January 21, 1996, March 23, 2006 
or June 13, 2010. Arkansas made subsequent changes to these 
provisions but these changes have not been authorized by EPA. The 
provisions from the January 21, 1996, March 23, 2006 or June 13, 
2010 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'', 
``gasification'', ``Performance Track member facility'', 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 reserved provisions); 260.20 (except 
260.20(c) through (f)); 260.21; 260.23; 260.30; 260.31(a);

[[Page 4968]]

260.31(b) introductory paragraph; 260.31 (b)(1) through (8) (March 
23, 2006); 260.31(c); 260.32; 260.33; 260.40; and 260.41.
    Section 261--Identification and Listing of Hazardous Waste--
261.1; 261.2; 261.3 (except 261.3(a)(2)(iv) and reserved 
provisions); 261.3(a)(2)(iv) (March 23, 2006); 261.4(a) (except 
261.4(a)(9)(iii), 261.4(a)(12)(i), and 261.4(a)(16)); 
261.4(a)(9)(iii) (March 23, 2006); 261.4(b) through (e); 261.4(f) 
(except 261.4(f)(9)); 261.4(f)(9) (March 23, 2006); 261.4(g); 261.5; 
261.6 (except (a)(5)); 261.7; 261.8; 261.9; 261.10; 261.11; 261.20 
through 261.24; 261.30 through 261.33; 261.35; 261.39, 261.40, 
261.41, 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 reserved provision); 262.21; 262.22; 
262.23; 262.24 (except 262.24(d)); 262.27; 262.30; 262.31 through 
262.33; 262.34 (except 262.34(j)-(l)); 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; 262.200 through 262.216; 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) and reserved provision), 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 
reserved provisions); 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 (except 
264.73(b)(18) and (b)(19)); 264.74; 264.75 (except first occurrence 
of 264.75(a) through (d) and 264.75(g)); 264.75(g) (January 21, 
1996); 264.75(h) (January 21, 1996); 264.76(a); 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 reserved provision); 264.148; 264.151; 264.170 
through 264.174; 264.175 (except reserved provision); 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)) (June 13, 2010); 264.315; 
264.316 (except 264.316(b)); 264.316(b) (June 13, 2010); 264.317; 
264.340 through 264.345; 264.347 (March 23, 2006); 264.351; 264.550, 
264.551; 264.552 (except 264.552 (a)(3)(ii)-(iv)); 264.552 
(a)(3)(ii)-(iv) (June 13, 2010); 264.553 through 264.555 (except 
reserved provision); 264.570 through 264.575; 264.600 through 
264.603; 264.1030 through 264.1036; 264.1050 through 264.1061(except 
reserved provision); 264.1062 (June 13, 2010); 264.1063 through 
264.1065; 264.1080 through 264.1090; 264.1100 through 264.1102; 
264.1200; 264.1201; 264.1202; Appendix I; 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)(4) and reserved provisions); 265.4, 265.10, 
265.11, 265.12 (except 265.12(a)(2)), 265.13, 265.14, 265.15 (except 
the phrase ``, except for Performance Track member facilities . . . 
as described in paragraph (b)(5) of this section'' at 265.15(b)(4) 
and 265.15(b)(5)); 265.16 (except 265.16(a)(4)); 265.17 through 
265.19; 265.30 through 265.35; 265.37; 265.50; 265.51; 265.52 
(except the last three sentences of 265.52(b)); 265.53 through 
265.55; 265.56 (except 265.56(i)); 265.56(i) and (j) (March 23, 
2006); 265.70, 265.71 (except 265.71(a)(3), (d) and (e)), 265.72; 
265.73 (March 23, 2006); 265.74; 265.75 (except 265.75(g)); 
265.75(g) and (h) (January 21, 1996); 265.76(a); 265.77; 265.90 
(except the last sentence of 265.90(d)(1), and in 265.90(d)(3) the 
phrase ``and place it in the facility's . . . closure of the 
facility''); 265.91; 265.92; 265.93 (except the last sentence of 
265.93(d)(2) and the last sentence of 265.93(d)(5)); 265.94; 265.110 
through 265.112; 265.113 (except 265.113(e)(5)); 265.113(e)(5) 
(March 23, 2006); 265.114 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) and ``qualified'' 
before ``Arkansas-registered Professional Engineer'' in 265.143(h)); 
265.144; 265.145; 265.146; 265.147 (except the last sentences of 
265.147(a)(1) and 265.147(b)(1), ``qualified'' before ``Arkansas-
registered Professional Engineer'' in 265.147(e) and reserved 
provision); 265.148; 265.170 through 265.173; 265.174 (March 23, 
2006); 265.176; 265.177, 265.178, 265.190; 265.191; 265.192; 
265.193(a) (March 23, 2006); 265.193(b) through 265.193(i); 265.194; 
265.195 (March 23, 2006); 265.196 through 265.200; 265.201 (March 
23, 2006); 265.202; 265.220; 265.221 (except 265.221(a)); 265.221(a) 
(March 23, 2006); 265.222; 265.223 and 265.224 (March 23, 2006); 
265.225; 265.226; 265.228 through 265.231; 265.250 through 265.258; 
265.259(a) (March 23, 2006); 265.259(b) and (c); 265.260; 265.270; 
265.272; 265.273; 265.276; 265.278; 265.279; 265.280 (except the 
word ``qualified'' before ``Arkansas-registered professional 
engineer'' in 265.180(e)); 265.281; 265.282; 265.300; 265.301(a) 
(March 23, 2006); 265.301(b) through 265.301(i); 265.302; 265.303(a) 
(March 23, 2006); 265.303(b) and (c); 265.304; 265.309; 265.310; 
265.312(a); 265.313; 265.314(a) (except 265.314(a)(2) and (a)(3)) 
(March 23, 2006); 265.314(b) (except the last sentence) (March 23, 
2006); 265.314(c) through (g) (March 23, 2006); 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 (except reserved provision); 265.1050 (except reserved 
provision); 265.1051 through 265.1060; 265.1061 (March 23, 2006); 
265.1062 (March 23, 2006); 265.1063; 265.1064; 265.1080 through 
265.1090; 265.1100 (March 23, 2006); 265.1101 (except (c)(2) and the 
phrase ``, except for Performance Track . . . director'' and the 
last sentence in 265.1101(c)(4)); 265.1101 (c)(2) (March 23, 2006); 
265.1102; 265.1200; 265.1201; 265.1202; Appendix I; 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 (except 
items 6 and 7 to the 266.80(a) table); 266.100; 266.101; 266.102 
(except 266.102(e)(10)); 266.102(e)(10) (March 23, 2006); 266.103 
(except 266.103(d) and (k)); 266.103(d) and (k) (March 23, 2006); 
266.104 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 267--Standards for Owners and Operators of Hazardous 
Waste Facilities Operating Under a Standardized Permit--267.1 
through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50 
through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110 
through 267.113; 267.115 through 267.117; 267.140 through 267.143; 
267.147 through 267.151; 267.170 through 267.177; 267.190 through 
267.204; and 267.1100 through 267.1108.
    Section 268--Land Disposal Restrictions--268.1; 268.2 through 
268.4, 268.7(a) (except 268.7(a)(1) and reserved provisions); 
268.7(a)(1) (March 23, 2006); 268.7(b) (except 268.7(b)(6)); 
268.7(b)(6) (March 23, 2006); 268.7(c) through (e); 268.9(a) (except 
second sentence); 268.9(b) and (c); 268.9(d) introductory paragraph 
(March 23, 2006); 268.9(d) (1) and (2) (except reserved provision); 
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; and 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 reserved provision); 
270.4; 270.5; 270.6; 270.7 (except 270.7(h) and (j)); 270.10 (except 
270.10(e)(8) and (k)); 270.11 through 270.33; 270.40; 270.41; 270.42 
(except 270.42(l)); 270.42 Appendix I (except entry at item O); 
270.43; 270.50; 270.51; 270.60 (except reserved provision); 270.61 
through 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; 270.235; 270.250; 270.255; 270.260; 270.265; 270.270; 
270.275; 270.280; 270.290; 270.300; 279.305; 270.310; 270.315; and 
270.320.
    Section 273--Standards for Universal Waste Management--273.1 
through 273.4;

[[Page 4969]]

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 (except 273.70 (d)); 273.80; and 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 http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore 
Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682-
0923.
* * * * *
[FR Doc. 2016-01657 Filed 1-28-16; 8:45 am]
 BILLING CODE 6560-50-P