Arkansas: Final Authorization of State Hazardous Waste Management Program Revision, 53025-53031 [2016-18433]
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Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
quantifiable in any of the residue field
trials. Therefore, the values for
measuring compliance with these
tolerances only include residues of
halauxifen-methyl. With the exception
of wheat, hay, this revision to the
residues of concern for tolerance
enforcement had no impact on the plant
commodity tolerances.
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V. Conclusion
Therefore, tolerances are established
for residues of halauxifen-methyl,
(methyl 4-amino-3-chloro-6-(4-chloro-2fluoro-3-methoxyphenyl) pyridine-2carboxylate) and its major metabolite,
XDE–729 acid, expressed as halauxifenmethyl (parent) equivalents, in or on
barley, (grain, hay, straw) and wheat,
grain at 0.01 ppm; wheat, forage at 0.50
ppm; wheat, hay at 0.03 ppm; and
wheat, straw at 0.015 ppm.
VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
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responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 28, 2016.
Jack E. Housenger,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.691 to subpart C to read
as follows:
■
§ 180.691 Halauxifen-methyl; tolerances
for residues.
(a) General. Tolerances are
established for residues of the herbicide,
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halauxifen-methyl, including its
metabolites and degradates, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only halauxifen-methyl
(methyl (4-amino-3-chloro-6-(4-chloro2-fluoro-3-methoxyphenyl)-2-pyridine
carboxylate).
Commodity
Parts per million
Barley, grain .....................
Barley, hay ........................
Barley, straw .....................
Wheat, forage ...................
Wheat, grain .....................
Wheat, hay .......................
Wheat, straw .....................
0.01
0.01
0.01
0.50
0.01
0.03
0.015
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2016–19118 Filed 8–10–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2016–0176; FRL–9950–
13–Region 6]
Arkansas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of Arkansas has
applied to the United States
Environmental Protection Agency (EPA)
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has determined that
these changes satisfy all requirements
needed to qualify for final authorization,
and is authorizing the State’s changes
through this direct final rule. In the
‘‘Proposed Rules’’ section of this
Federal Register, EPA is also publishing
a separate document that serves as the
proposal to authorize these changes.
EPA believes this action is not
controversial and does not expect
comments that oppose it. Unless EPA
receives written comments which
oppose this authorization during the
comment period, the decision to
authorize Arkansas’ changes to its
hazardous waste program will take
effect. If EPA receives comments that
oppose this action, EPA will publish a
SUMMARY:
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Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations
document in the Federal Register
withdrawing this direct final rule before
it takes effect, and the separate
document in the ‘‘Proposed Rules’’
section of this Federal Register will
serve as the proposal to authorize the
changes.
This final authorization is
effective on October 11, 2016 unless the
EPA receives adverse written comment
by September 12, 2016. If the EPA
receives such comment, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register
and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: patterson.alima@epa.gov.
• Fax: (214) 665–6762 (prior to
faxing, please notify Alima Patterson at
(214) 665–8533).
• Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
RCRA Permit Section (RPM),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas Texas 75202–2733.
• Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, RCRA Permit Section
(RPM), Multimedia Planning and
Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas Texas 75202–2733.
Instructions: EPA must receive your
comments by September 12, 2016.
Direct your comments to Docket ID
Number EPA–R06–RCRA–2016–0176.
The EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI), or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov, or
email. The Federal regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means the EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to the EPA without
going through regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
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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 https://www.epa.gov/
epahome/dockets.htm.)
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov, or in hard copy.
You can view and copy Arkansas’
application and associated publicly
available materials from 8:30 a.m. to 4
p.m. Monday through Friday at the
following locations: Arkansas
Department of Environmental Quality
(ADEQ), 8101 Interstate 30, Little Rock,
Arkansas 72219–8913, (501) 682–0876,
and EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number (214) 665–8533. Interested
persons wanting to examine these
documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, RCRA
Permit Section (RPM), Multimedia
Planning and Permitting Division, (214)
665–8533, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733, and
email address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why are revisions to State programs
necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
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modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
CFR parts 124, 260 through 268, 270,
273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized States at the
same time that they take effect in
unauthorized States. Thus, the EPA will
implement those requirements and
prohibitions in the State of Arkansas,
including the issuance of new permits
implementing those requirements, until
the State is granted authorization to do
so.
II. What decisions has the EPA made in
this rule?
On November 30, 2015, Arkansas
submitted a final complete program
revision application seeking
authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between October 4, 2005
and January 3, 2014, including the
adoption of portions of RCRA Clusters
XVI and XVII, and RCRA Clusters XXII
and XXIII (Checklists 211, 213, 214, and
228 through 232). The EPA concludes
that Arkansas’ application to revise its
authorized program meets all of the
statutory and regulatory requirements
established by RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore,
the EPA grants Arkansas final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application, and as outlined below in
Section G of this document. The State
of Arkansas has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of HSWA, as discussed
above. New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in
Arkansas, including issuing permits,
until the State is granted authorization
to do so.
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III. 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 after
notice to and consultation with the
State.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Arkansas is being
authorized by this action are already
effective under State law, and are not
changed by this action.
IV. Why is EPA using a direct final
rule?
Along with this direct final rule, the
EPA is publishing a separate document
in the ‘‘Proposed Rules’’ section of this
Federal Register that serves as the
proposal to authorize these State
program changes. The EPA did not
publish a proposal before this rule
because EPA views this as a routine
program change and do not expect
comments. The EPA also views the
Arkansas program revisions as
noncontroversial action and anticipates
no adverse comment.
EPA is providing an opportunity for
public comment now, as described in
Section E of this document.
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V. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, EPA will
withdraw this direct final rule by
publishing a document in the Federal
Register before the rule becomes
effective. The EPA will base any further
decision on the authorization of the
State program changes on the proposal
mentioned in the previous section, after
considering all comments received
during the comment period. EPA will
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then address all public comments in a
later final rule. You may not have
another opportunity to comment. If you
want to comment on this authorization,
you must do so at this time.
If EPA receives comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, EPA will withdraw only that
part of this rule, but the authorization of
the program changes that the comments
do not oppose will become effective on
the date specified in this document. The
Federal Register withdrawal document
will specify which part of the
authorization will become effective, and
which part is being withdrawn.
VI. For what has Arkansas previously
been authorized?
Arkansas initially received final
authorization on January 25, 1985, (50
FR 1513) to implement its Base
Hazardous Waste Management program.
Arkansas received authorization for
revisions to its program on January 11,
1985 (50 FR 1513), effective January 25,
1985; March 27, 1990 (55 FR 11192),
effective May 29, 1990; September 18,
1991 (56 FR 47153), effective November
18, 1991; October 5, 1992 (57 FR 45721),
effective December 4, 1992; October 7,
1994 (59 FR 51115), effective December
21, 1994; April 24, 2002 (67 FR 20038),
effective June 24, 2002; and August 15,
2007 (72 FR 45663), effective October
15, 2007. The authorized Arkansas
RCRA program was incorporated by
reference into the Code of Federal
Regulations effective December 13, 1993
(58 FR 52674); June 28, 2010 (75 FR
36538), effective August 27, 2010;
August 10, 2012 (77 FR 47779), effective
October 9, 2012; and October 31, 2014
(79 FR 64678), effective December 30,
2014. The authorized Arkansas RCRA
program was incorporated by reference
into the Code of Federal Regulations
October 12, 1993 (58 FR 52674) effective
December 13, 1993; June 20, 1995 (60
FR 32112) effective August 21, 1995;
June 28, 2010 (75 FR 36538) effective
August 27, 2010; October 2, 2014 (79 FR
59438) effective December 1, 2014;
January 29, 2016 (81 FR 4961) effective
March 29, 2016. On November 30, 2015,
Arkansas submitted a final complete
program revision application seeking
authorization of its program revision in
accordance with 40 CFR 271.21.
The ADEQ has re-organized its agency
and division’s program areas and
subunits, but all duties and
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53027
responsibilities remain the same. Any
differences between the State’s
provisions and the Federal provisions
are noted on the individual revision
Checklists. The official State regulations
may be found in Arkansas Pollution
Control and Ecology Commission
Regulation Number 23 (Hazardous
Waste Management), last amended
September 25, 2015, effective October
18, 2015.
The provisions for which the State is
seeking authorization are documented
in the Rule Revision Checklists 211,
213, 214, and 228 through 232, which
are portions of RCRA Clusters XVI and
XVII, and RCRA Clusters XXII and
XXIII. Reference to Arkansas Code
Annotate (A.C.A) of 1987, Annotated, as
amended August 2015. Reference to
Arkansas Pollution Control and Ecology
Commission (APC&EC) Regulations
Number 23, (Hazardous Waste
Management) (formerly titled the
Arkansas Hazardous Waste Management
Code), last amended September 25,
2015, to adopt all final rules
promulgated by the EPA through June
26 2014, which became, effective on
October 18, 2015. Dates of enactment
and adoption for other statutes or
regulations are given when cited.
VII. What changes is the EPA
authorizing with this action?
On November 30, 2015, the State of
Arkansas submitted a final complete
program revision application, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make a direct final decision,
subject to receipt of written comments
that oppose this action, that the State of
Arkansas’ hazardous waste program
revision is equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfies
all of the requirements necessary to
qualify for final authorization.
Therefore, the EPA grants the State of
Arkansas final authorization for
portions of RCRA Clusters XVI and
XVII, and RCRA Clusters XXII and XXIII
(Checklists 211, 213, 214, and 228
through 232). The State of Arkansas
program revisions consist of regulations
which specifically govern Federal
Hazardous Waste revisions promulgated
October 4, 2005, April 4, 2006, July 14,
2006, April 13, 2012, and July 2013
through June 2014, which are listed in
a chart below.
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Description of
Federal requirement
(include checklist #,
if relevant)
Analogous state authority
1. Revision of Wastewater Treatment
Exemptions for
Hazardous Waste
Mixtures
(‘‘Headworks exemptions’’).
(Checklist 211).
2. Burden Reduction
Initiative. (Checklist
213).
70 FR 57769–57785 October 4, 2005 ..
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 261.3(a)(2)(iv)(A), (B),
(D), (F), and (G), as amended September 25, 2015, effective on October 18,
2015.
71 FR 16862–16915 April 4, 2006 .......
3. Correction to Errors in the Code of
Federal Regulations. (Checklist
214).
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Federal Register date and page
(and/or RCRA statutory authority)
71 FR 40254–40280 July 14, 2006 ......
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 260.31(b)(2)–(b)(7),
261.4(a)(9)(iii)(E), 261.4(f)(9), 264.15(b)(4), 264.16(a)(4), 264.52(b),
264.56(i), 264.73(b) introductory paragraph, (b)(1), (b)(2), (b)(6), (b)(8),
(b)(10), (b)(18), and (19), 264.98(d), 264.98(g)(2) and (g)(3), 264.99(f) and
(g), 264.100(g), 264.113(e)(5), 264.115 1, 264.120 1, 264.143(i) 1,
264.145(i) 1, 264.147(e) 1, 264.174, 264.191(a) 1, 264.191(b)(5)(ii) 1,
264.192(a) introductory paragraph 1 and (b) introductory paragraph 1,
264.193(a)(1) and (a)(2), 264.193(i)(2) 1, 264.195(b)–(g), 264.196(f) 1,
264.251(c) introductory paragraph, 264.280(b) 1, 264.314, 264.343(a)(2),
264.347(d), 264.554(c)(2) 1, 264.571(a)–(c) 1, 264.573(a)(4)(ii) 1, 264.573(g) 1,
264.574(a) 1, 264.1061(b)(1) and (b)(2), 264.1062(a), 264.1100 introductory
paragraph, 264.1101(c)(2) 1, 265.15(b)(4), 265.16(a)(4), 265.52(b), 265.56(i),
265.73(b) introductory paragraph, 265.73(b)(1) and (b)(2), 265.73(b)(6)–(8),
265.73(b)(15), 265.90(d)(1) and (d)(3), 265.93(d)(2) and (d)(5),
265.113(e)(5), 265.115 1, 265.120 1, 265.143(h) 1, 265.145(h) 1, 265.147(e) 1,
265.174, 265.191(a) 1, 265.191(b)(5)(ii) 1, 265.192(a) introductory paragraph 1
and (b) introductory paragraph 1, 265.193(a)(1)–(2), 265.193(i)(2) 1,
265.195(a)–(c), 265.195(e)–(g), 265.196(f) 1, 265.201(c) introductory
paragraph, 265.201(d), 265.201(f)–(h), 265.221(a), 265.224, 265.259(a),
265.280(e) 1,
265.301(a),
265.303(a),
265.314,
265.441(a)–(c) 1,
265.443(a)(4)(ii) 1, 265.443(g) 1, 265.444(a) 1, 265.1061(b)(1) and (b)(2),
265.1061(d),
265.1062(a),
265.1100
introductory
paragraph,
265.1101(c)(2) 1, 266.102(e)(10), 266.103(d) and (k), 268.7(a)(1) and (a)(2),
268.7(b)(6), 268.9(a) and (d), 270.14(a) 1, 270.16(a) 1, 270.26(c)(15) 1, and
270.42 Appendix I, Item O except Item O.1, as amended September 25,
2015, effective on October 18, 2015.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘Incompatible
Waste’’, ‘‘Personnel or facility personnel’’, ‘‘Universal waste’’, and ‘‘Used oil’’,
260.22(a)(1), 260.22(d)(1)(ii), 260.40(a), 260.41 introductory paragraph,
261.2(c)(1)(i), 261.3(a)(2)(i), 261.4(a)(20)(v), 261.4(b)(6)(i)(B), 261.4(b)(6)(ii)
introductory paragraph, 261.4(b)(6)(ii)(D) and (F), 261.4(b)(9), 261.4(e)(2)(vi),
261.4(e)(3)(i), 261.6(a)(2)(i)–(v), 261.6(c)(2), 261.21(a)(3) and (a)(4), 261.21/
Notes 1–4, 261.24(b), 261.31(a)/Table, 261.32/Table ‘‘K107’’ and ‘‘K069’’ entries, 261.33(e), 261.33(e)/Comment, 261.33(e)/Table, 261.33(f), 261.33(f)/
Comment, 261.33(f)/Table, 261.38/Table 1, 261.38(c)(1)(i)(C)(4), Part 261,
Appendix VII, Part 261, Appendix VIII, 262.34(a)(1)(iv), 262.53(b), 262.56(b),
262.58(a)(1),
262.70,
262.81(k),
262.82(a)(1)(ii),
262.83(b)(1)(i),
262.83(b)(2)(i), 262.84(e), 262.87(a), 262.87(a)(5) introductory paragraph,
264.1(g)(2), 264.4, 264.13(b)(7)(iii)(B), 264.17(b) introductory paragraph,
264.18(a)(2)(iii), 264.18(b)(2)(iii), 264.97(a)(1) introductory paragraph,
264.97(a)(1)(i), 264.97(i)(5), 264.98(a)(2), 264.98(g)(4)(i), 264.99(h)(2) introductory text, 264.101(d), 264.111(c), 264.112(b)(8), 264.115, 264.116,
264.118(c), 264.119(b)(1)(ii), 264.140(d)(1), 264.142(b)(2), 264.143(b)(7) and
(b)(8), 264.143(e)(5), 264.145(a)(3)(i), 264.145(d)(6), 264.145(f)(11) introductory paragraph, 264.147(h)(1), 264.151(b), 264.151(f) introductory paragraph,
264.151(g), Letter From Chief Financial Officer, fifth paragraph, item 3, Part
A, Alternative I, item *3, Part B, Alternative I, items 10 and 15, and Part B,
Alternative II, item *7, 264.151(h)(2) Guarantee For Liability Coverage, Certification of Valid Claim Recitals, item 13.(a), and Recitals, item 14,
264.151(i), item 2.(e), 264.151(j), item 2.(d), 264.151(k), Irrevocable Standby
Letter of Credit and CERTIFICATE OF VALID CLAIM, 264.151(1),
264.151(1), CERTIFICATION OF VALID CLAIM, 264.151(m)(1), CERTIFICATION OF VALID CLAIM, Section 8.(c), 264.151(n)(1), under STANDBY
TRUST AGREEMENT Section 3.(c)(1), Section 3.(e)(3), and Sections 12
and 16, 264.175(b)(1),264.193(c)(4) Note, (d)(4), (e)(2)(ii) and (iii),
(e)(2)(v)(A) and (B), (e)(3)(i) and (ii), (g)(1)(iii) and (iv), and (g)(2)(i)(A),
264.221(c)(1)(i)(B), (c)(2)(ii), (e)(1), and (e)(2)(i)(B) and (C), 264.223(b)(1),
264.226(a)(2), 264.251(a)(2)(i)(A),
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Description of
Federal requirement
(include checklist #,
if relevant)
4. Hazardous Waste
Technical Corrections and Clarification Rule. (Checklist 228).
5. Conditional Exclusions for Solvent
Contaminated
Wipes. (Checklist
229).
VerDate Sep<11>2014
Federal Register date and page
(and/or RCRA statutory authority)
77 FR 22229–22232 April 13, 2012 .....
78 FR 46448–46485 July 31, 2013 ......
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53029
Analogous state authority
264.252(a) and (b), 264.259(b), 264.280(c)(7) and (d) introductory paragraph, 264.283(a), 264.301(c)(2), 264.301(e)(2)(i)(B), 264.302(a), (b) and
(b)(1), 264.314(e)(2), 264.317(a) introductory paragraph, 264.344(b),
264.552(e)(4)(iii), (e)(4)(iv)(F), and (e)(6)(iii)(E), 264.553(e) introductory paragraph, 264.554(a) introductory paragraph, 264.555(e)(6), 264.573(a)(1),
(a)(4)(i), (a)(5), (b) introductory paragraph, and (m)(2) and (m)(3), 264.600,
264.601(a) introductory paragraph, (b)(11), and (c)(4), 264.1030(c),
264.1033(f)(2)(vii)(B), 264.1034(b)(2), 264.1035(c)(4)(i) and (ii), 264.1050(f),
264.1058(c)(1), 264.1064(c)(3), 264.1080(a) and (c), 264.1090(c),
264.1101(b)(3)(iii),(c)(3) introductory paragraph, (c)(3)(i), and (d) introductory
paragraph, 264.1102(a), Part 264, Appendix I/Table 1, Part 264, Appendix I/
Table 2, Section 2.(d), 265.1(c)(4)(i), 265.1(c)(6), 265.12(a)(1), 265.14(b)(1),
265.16(b), 265.19(c)(2), 265.56(b), 265.90(d) introductory paragraph,
265.110(b)(4), 265.111(c), 265.112(b)(5), 265.112(d)(4), 265.113(b) introductory paragraph, 265.113(e)(4), 265.117(b) introductory paragraph,
265.119(b)(1)(ii), 265.140(b) introductory paragraph and (b)(2), 265.142(a),
265.145(e)(11), 265.147(a)(1)(i) and (b)(1)(i) and (ii), 265.174,
265.193(e)(2)(v)(A) and (B) and (i)(2), 265.194(b)(1) and (2), 265.197(b),
265.201(c) introductory paragraph, 265.221(a) and(d)(2)(i)(A) and (B),
265.224(b)(1), 265.228(a)(2)(iii)(D) and(b)(2), 265.229(b)(2) and (b)(3),
265.255(b), 265.259(b)(1), 265.280(a)(4), 265.281(a)(1), 265.301(a), (d)(1),
and (d)(2)(i)(B), 265.302(b), 265.303(b)(1), 265.312(a)(1), 265.314(e)(1)(ii)
and(f)(2), 265.316 introductory paragraph, (c) and (d), 265.405(a)(1),
265.441(c), 265.443(a)(4)(i) and (b) introductory paragraph, 265.445(b),
265.1033(f)(2)(ii), 265.1035(b)(2) introductory paragraph, (b)(2)(i), and
265.1035(c)(4)(i), 265.1063(b)(4)(ii), 265.1080(a), 265.1085(h)(3) introductory
paragraph, 265.1087(b), 265.1090(f)(1), 265.1100(d), 265.1101(b)(3)(i)(B),
(b)(3)(iii), (c)(3) introductory paragraph, and (d) introductory paragraph, Part
265, Appendix I/Tables 1–2, Part 265, Appendix V/Table, Part 265, Appendix
VI, 266.70(a), 266.80(a)/Table, 266.100(b)(2)(iv), 266.100(d)(3)(i)(A),
266.100(g) introductory paragraph, 266.102(a)(2)(vi), 266.102(e)(3)(i)(E),
(e)(5)(i)(C),
(e)(6)(ii)(B)(2),
and
(e)(8)(iii),
266.103(a)(4)(vii),
266.103(b)(2)(v)(B)(2), (b)(5)(ii)(A), and (b)(6)(viii)(A), 266.103(c)(1)(i),
(c)(1)(ii)(A)(2), (c)(1)(ix) introductory paragraph, (c)(1)(ix)(A), and
(c)(4)(iv)(C)(1), 266.103(g)(1)(i), 266.106(d)(1), 266.109(a)(2)(ii) and (b) introductory paragraph, Part 266, subpart N heading, Part 266, Appendices III
through VI, Part 266, Appendix VIII, 3(b)(2), Part 266, Appendix XIII,
267.147(f)(2)(i)(A), 268.2(g), 268.4(a)(3) introductory paragraph, 268.6(c)(5)
introductory paragraph, 268.7(a)(1), (a)(3)(ii), (a)(4)/Table entry 8, (b)(3)(ii)/
Table, entry 5, (b)(4)(ii), (c)(2), (d) introductory paragraph, (d)(1) introductory
paragraph, (d)(1)(i)–(iii), and (d)(2) and (d)(3), 268.14(b) and (c), 268.40(g),
268.40/Table ‘‘TREATMENT STANDARDS FOR HAZARDOUS WASTES’’,
268.42/Table 1, 268.44(c), 268.45/Table 1, 268.48/Table ‘‘UNIVERSAL
TREATMENT STANDARDS’’, 268.49(d), 268.50(c), 268.50(g), Part 268, Appendix
VIII,
270.1(a)(2)/Table,
270.1(b)
introductory
paragraph,
270.1(c)(1)(iii), 270.1(c)(3)(i) introductory paragraph, 270.2 ‘‘On-site’’ and
‘‘Publicly owned treatment works (POTW)’’, 270.10(j), 270.11(d)(1) and (2),
270.13(k)(7), 270.14(a), (b)(11)(ii)(B), (b)(19)(iii), and (b)(21), 270.17(f),
270.18(b) and (g), 270.20(i)(2), 270.26(c)(15), 270.33(b) introductory paragraph, 270.41(c), 270.42(d)(2)(i), 270.42, Appendix I, 270.70(a) introductory
paragraph, 270.72(b)(2), 273.9 ‘‘Universal waste’’, 273.13(b) introductory
paragraph, 273.14(a), 273.34(a), 279.1 ‘‘Petroleum refining facility’’,
279.10(b)(2) introductory paragraph, 279.11, 279.11/Table 1, 279.43(c)(3)(i)
and (c)(5), 279.44(a) and (c)(2), 279.45(a), 279.52(a) and (b), (b)(1)(ii) and
(b)(6)(ii) and (iii), 279.55(a) introductory paragraph, and (b)(2)(i)(B),
279.56(a)(2), 279.57(a)(2)(ii), 279.59, 279.63(b)(3), 279.64(e), and
279.70(b)(1), as amended September 25, 2015, effective on October 18,
2015.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 261.32(a), entry for
K107, and 266.20(b), as amended September 25, 2015, effective on October
18, 2015.
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘No free liquids’’, 260.10 ‘‘Solvent-contaminated wipe’’, 260.10 ‘‘Wipe’’, 261.4(a)(26),
and 261.4(b)(18), as amended September 25, 2015, effective on October 18,
2015.
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Description of
Federal requirement
(include checklist #,
if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
6. Conditional Exclusion for Carbon Dioxide (CO2)
Streams in Geologic Sequestration
Activities. (Checklist 230).
7. Hazardous Waste
Electronic Manifest
Rule. (Checklist
231).
79 FR 350–364 January 3, 2014 ..........
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘Carbon dioxide stream’’, and 261.4(h), as amended September 25, 2015, effective on
October 18, 2015.
79 FR 7518–7563 February 7, 2014 ....
8. Revisions to the
Export Provisions
of the Cathode
Ray Tube (CRT)
Rule. (Checklist
232).
79 FR 36220–36231 June 26, 2014 .....
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 260.2, 260.10 ‘‘Electronic manifest (or e-manifest)’’, ‘‘Electronic manifest system (or e-manifest
system)’’, ‘‘Manifest’’, ‘‘User of the electronic manifest system’’, 262.20(a)(3),
262.24, 262.25, 263.20(a), 263.25(a), 264.71(a)(2), 264.71(g)–(l),
265.71(a)(2), 265.71(g)–(l), as amended September 25, 2015, effective on
October 18, 2015. (See Section I. Electronic Manifest provisions that are
non-delegable to States.)
Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘CRT exporter’’, 261.39(a)(5)(i)(F), and (a)(5)(x) and (xi), and 261.41(a) and (b), as
amended September 25, 2015, effective on October 18, 2015.
1 More
stringent provisions.
VIII. Where are the revised State rules
different from the Federal rules?
The State of Arkansas regulations that
are more stringent than the Federal
regulations are documented in the above
chart. For enforcement purposes, the
EPA does not enforce broader in scope
provisions.
sradovich on DSK3GMQ082PROD with RULES
IX. Electronic manifest provisions that
are non-delegable to States.
The Federal Hazardous Waste
Electronic Manifest Rule (79 FR 7518;
February 7, 2014) contains several
provisions which are non-delegable to
States. Specifically, States cannot
receive authorization to establish a
Federal user under the electronic
manifest requirements, nor can States
receive authorization for the electronic
signature requirements, resulting in the
States’ inability to implement the
provisions listed below. However, EPA
strongly recommends States adopt these
provisions while retaining the EPA rule
language unchanged; Arkansas has
adopted the Electronic Manifest Rule
using this approach. The non-delegable
provisions and provisions where States
must retain references to ‘‘EPA’’ are: 40
CFR 260.10 ‘‘electronic manifest’’,
‘‘electronic manifest system’’, ‘‘use of
the electronic manifest system’’;
262.24(g); 262.25; 263.20(a)(2);
262.20(a)(3)(ii); 263.20(a)(8);
264.71(a)(2)(v); 264.71(j);
265.71(a)(2)(v); and 265.71(j).
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X. Who handles permits after the
authorization takes effect?
The State of Arkansas will issue
permits for all the provisions for which
it is authorized and will administer the
permits it issues. The EPA will continue
to administer any RCRA hazardous
waste permits or portions of permits
which we issued prior to the effective
date of this authorization. EPA will not
issue any more new permits or new
portions of permits for the provisions
listed in the chart in this document after
the effective date of this authorization.
The EPA will continue to implement
and issue permits for HSWA
requirements for which ADEQ is not yet
authorized.
XI. How does this action affect Indian
Country (18 U.S.C. 1151) in Arkansas?
The State of Arkansas Hazardous
Program is not being authorized to
operate in Indian Country.
XII. What is codification and is the EPA
codifying Arkansas’ hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart E for this
authorization of Arkansas’ program
changes until a later date. In this
authorization application the EPA is not
codifying the rules documented in this
Federal Register document.
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XIII. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. The reference to
Executive Order 13563 (73 FR 3821,
January 21, 2011) is also exempt from
review under Executive orders 12866
(56 FR 51735, October 4, 1993). This
action authorizes State requirements for
the purpose of RCRA 3006 and imposes
no additional requirements beyond
those imposed by State law.
Accordingly, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
action authorizes preexisting
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4). For the same
reason, this action also does not
significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
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specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application; to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
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15:58 Aug 10, 2016
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Because this rule authorizes pre-existing
State rules which are at least equivalent
to, and no less stringent than existing
federal requirements, and imposes no
additional requirements beyond those
imposed by State law, and there are no
anticipated significant adverse human
health or environmental effects, the rule
is not subject to Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective October 11, 2016.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 14, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–18433 Filed 8–10–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Parts 144, 147, 153, 154, 155,
156, and 158
[CMS–9937–F2]
RIN–0938–AS57
Patient Protection and Affordable Care
Act; HHS Notice of Benefit and
Payment Parameters for 2017;
Corrections
Centers for Medicare &
Medicaid Services (CMS), HHS.
AGENCY:
PO 00000
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53031
Final rule; correction and
correcting amendment.
ACTION:
This document corrects
technical and typographical errors that
appeared in the final rule published in
the March 8, 2016 Federal Register (81
FR 12204 through 12352) entitled
‘‘Patient Protection and Affordable Care
Act; HHS Notice of Benefit and Payment
Parameters for 2017.’’ The effective date
for the rule was May 9, 2016.
DATES:
Effective Date: This correcting
document is effective August 11, 2016.
Applicability Date: The corrections
indicated in this document are
applicable beginning May 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Allison Yadsko (410) 786–1740.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2016–04439 (81 FR 12204),
the final rule entitled ‘‘Patient
Protection and Affordable Care Act;
HHS Notice of Benefit and Payment
Parameters for 2017’’ (2017 Payment
Notice), there were technical errors that
are identified and corrected in section
IV, the Correction of Errors. These
corrections are applicable as of May 9,
2016.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 12296, the phrase
‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of
this paragraph’’ should include a
reference to ‘‘(c)(3)(ii).’’ This correction
clarifies how the provisions are at least
as stringent as the requirements of
paragraph (c) and aligns with the next
paragraph that clarifies we do not
believe that applying timeframes less
stringent than those in the current
§ 156.122(c) would benefit enrollees.
On pages 12310 and 12311 the word
‘‘consecutive’’ should have been
attached to the description of the grace
period for enrollees receiving advance
payments of the premium tax credit
(APTC), for the description to be
consistent with the regulation text that
was promulgated prior to the Patient
Protection and Affordable Care Act;
HHS Notice of Benefit and Payment
Parameters for 2017; Final Rule. This
correction accurately reflects the length
of the grace period for enrollees
receiving APTC as being 3 consecutive
months.
B. Summary of Errors in Regulation Text
On page 12349, in
§ 156.122(c)(4)(i)(D), we inadvertently
omitted a cross-reference to paragraph
(c)(3)(ii).
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]]>Agencies
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53025-53031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18433]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2016-0176; FRL-9950-13-Region 6]
Arkansas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The State of Arkansas has applied to the United States
Environmental Protection Agency (EPA) for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for final authorization, and is
authorizing the State's changes through this direct final rule. In the
``Proposed Rules'' section of this Federal Register, EPA is also
publishing a separate document that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments which oppose this authorization during the comment period, the
decision to authorize Arkansas' changes to its hazardous waste program
will take effect. If EPA receives comments that oppose this action, EPA
will publish a
[[Page 53026]]
document in the Federal Register withdrawing this direct final rule
before it takes effect, and the separate document in the ``Proposed
Rules'' section of this Federal Register will serve as the proposal to
authorize the changes.
DATES: This final authorization is effective on October 11, 2016 unless
the EPA receives adverse written comment by September 12, 2016. If the
EPA receives such comment, EPA will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: patterson.alima@epa.gov.
Fax: (214) 665-6762 (prior to faxing, please notify Alima
Patterson at (214) 665-8533).
Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, RCRA Permit Section (RPM), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas Texas
75202-2733.
Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, RCRA Permit
Section (RPM), Multimedia Planning and Permitting Division, EPA Region
6, 1445 Ross Avenue, Dallas Texas 75202-2733.
Instructions: EPA must receive your comments by September 12, 2016.
Direct your comments to Docket ID Number EPA-R06-RCRA-2016-0176. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov, or email. The
Federal regulations.gov Web site is an ``anonymous access'' system,
which means the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, the EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. (For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.)
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov, or in hard copy.
You can view and copy Arkansas' application and associated publicly
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at
the following locations: Arkansas Department of Environmental Quality
(ADEQ), 8101 Interstate 30, Little Rock, Arkansas 72219-8913, (501)
682-0876, and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-
2733, phone number (214) 665-8533. Interested persons wanting to
examine these documents should make an appointment with the office at
least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, RCRA Permit Section (RPM), Multimedia
Planning and Permitting Division, (214) 665-8533, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, and email address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why are revisions to State programs necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 CFR parts 124, 260
through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized States
at the same time that they take effect in unauthorized States. Thus,
the EPA will implement those requirements and prohibitions in the State
of Arkansas, including the issuance of new permits implementing those
requirements, until the State is granted authorization to do so.
II. What decisions has the EPA made in this rule?
On November 30, 2015, Arkansas submitted a final complete program
revision application seeking authorization of changes to its hazardous
waste program that correspond to certain Federal rules promulgated
between October 4, 2005 and January 3, 2014, including the adoption of
portions of RCRA Clusters XVI and XVII, and RCRA Clusters XXII and
XXIII (Checklists 211, 213, 214, and 228 through 232). The EPA
concludes that Arkansas' application to revise its authorized program
meets all of the statutory and regulatory requirements established by
RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40
CFR part 271. Therefore, the EPA grants Arkansas final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section G of this
document. The State of Arkansas has responsibility for permitting
treatment, storage, and disposal facilities (TSDFs) within its borders
(except in Indian Country) and for carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of HSWA, as discussed above. New Federal requirements and
prohibitions imposed by Federal regulations that the EPA promulgates
under the authority of HSWA take effect in authorized States before
they are authorized for the requirements. Thus, the EPA will implement
those requirements and prohibitions in Arkansas, including issuing
permits, until the State is granted authorization to do so.
[[Page 53027]]
III. 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 after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which Arkansas is being
authorized by this action are already effective under State law, and
are not changed by this action.
IV. Why is EPA using a direct final rule?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this Federal Register
that serves as the proposal to authorize these State program changes.
The EPA did not publish a proposal before this rule because EPA views
this as a routine program change and do not expect comments. The EPA
also views the Arkansas program revisions as noncontroversial action
and anticipates no adverse comment.
EPA is providing an opportunity for public comment now, as
described in Section E of this document.
V. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, EPA
will withdraw this direct final rule by publishing a document in the
Federal Register before the rule becomes effective. The EPA will base
any further decision on the authorization of the State program changes
on the proposal mentioned in the previous section, after considering
all comments received during the comment period. EPA will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw only that part of this rule, but the authorization of the
program changes that the comments do not oppose will become effective
on the date specified in this document. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.
VI. For what has Arkansas previously been authorized?
Arkansas initially received final authorization on January 25,
1985, (50 FR 1513) to implement its Base Hazardous Waste Management
program. Arkansas received authorization for revisions to its program
on January 11, 1985 (50 FR 1513), effective January 25, 1985; March 27,
1990 (55 FR 11192), effective May 29, 1990; September 18, 1991 (56 FR
47153), effective November 18, 1991; October 5, 1992 (57 FR 45721),
effective December 4, 1992; October 7, 1994 (59 FR 51115), effective
December 21, 1994; April 24, 2002 (67 FR 20038), effective June 24,
2002; and August 15, 2007 (72 FR 45663), effective October 15, 2007.
The authorized Arkansas RCRA program was incorporated by reference into
the Code of Federal Regulations effective December 13, 1993 (58 FR
52674); June 28, 2010 (75 FR 36538), effective August 27, 2010; August
10, 2012 (77 FR 47779), effective October 9, 2012; and October 31, 2014
(79 FR 64678), effective December 30, 2014. The authorized Arkansas
RCRA program was incorporated by reference into the Code of Federal
Regulations October 12, 1993 (58 FR 52674) effective December 13, 1993;
June 20, 1995 (60 FR 32112) effective August 21, 1995; June 28, 2010
(75 FR 36538) effective August 27, 2010; October 2, 2014 (79 FR 59438)
effective December 1, 2014; January 29, 2016 (81 FR 4961) effective
March 29, 2016. On November 30, 2015, Arkansas submitted a final
complete program revision application seeking authorization of its
program revision in accordance with 40 CFR 271.21.
The ADEQ has re-organized its agency and division's program areas
and subunits, but all duties and responsibilities remain the same. Any
differences between the State's provisions and the Federal provisions
are noted on the individual revision Checklists. The official State
regulations may be found in Arkansas Pollution Control and Ecology
Commission Regulation Number 23 (Hazardous Waste Management), last
amended September 25, 2015, effective October 18, 2015.
The provisions for which the State is seeking authorization are
documented in the Rule Revision Checklists 211, 213, 214, and 228
through 232, which are portions of RCRA Clusters XVI and XVII, and RCRA
Clusters XXII and XXIII. Reference to Arkansas Code Annotate (A.C.A) of
1987, Annotated, as amended August 2015. Reference to Arkansas
Pollution Control and Ecology Commission (APC&EC) Regulations Number
23, (Hazardous Waste Management) (formerly titled the Arkansas
Hazardous Waste Management Code), last amended September 25, 2015, to
adopt all final rules promulgated by the EPA through June 26 2014,
which became, effective on October 18, 2015. Dates of enactment and
adoption for other statutes or regulations are given when cited.
VII. What changes is the EPA authorizing with this action?
On November 30, 2015, the State of Arkansas submitted a final
complete program revision application, seeking authorization of their
changes in accordance with 40 CFR 271.21. We now make a direct final
decision, subject to receipt of written comments that oppose this
action, that the State of Arkansas' hazardous waste program revision is
equivalent to, consistent with, and no less stringent than the Federal
program, and therefore satisfies all of the requirements necessary to
qualify for final authorization. Therefore, the EPA grants the State of
Arkansas final authorization for portions of RCRA Clusters XVI and
XVII, and RCRA Clusters XXII and XXIII (Checklists 211, 213, 214, and
228 through 232). The State of Arkansas program revisions consist of
regulations which specifically govern Federal Hazardous Waste revisions
promulgated October 4, 2005, April 4, 2006, July 14, 2006, April 13,
2012, and July 2013 through June 2014, which are listed in a chart
below.
[[Page 53028]]
------------------------------------------------------------------------
Federal Register
Description of Federal date and page (and/ Analogous state
requirement (include or RCRA statutory authority
checklist #, if relevant) authority)
------------------------------------------------------------------------
1. Revision of Wastewater 70 FR 57769-57785 Arkansas Code of 1987
Treatment Exemptions for October 4, 2005. Annotated (A.C.A.)
Hazardous Waste Mixtures Sections 8-7-201
(``Headworks exemptions''). through 8-7-226.
(Checklist 211). Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections
261.3(a)(2)(iv)(A),
(B), (D), (F), and
(G), as amended
September 25, 2015,
effective on October
18, 2015.
2. Burden Reduction 71 FR 16862-16915 Arkansas Code of 1987
Initiative. (Checklist 213). April 4, 2006. Annotated (A.C.A.)
Sections 8-7-201
through 8-7-226.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections
260.31(b)(2)-(b)(7),
261.4(a)(9)(iii)(E),
261.4(f)(9),
264.15(b)(4),
264.16(a)(4),
264.52(b), 264.56(i),
264.73(b)
introductory
paragraph, (b)(1),
(b)(2), (b)(6),
(b)(8), (b)(10),
(b)(18), and (19),
264.98(d),
264.98(g)(2) and
(g)(3), 264.99(f) and
(g), 264.100(g),
264.113(e)(5),
264.115 \1\, 264.120
\1\, 264.143(i) \1\,
264.145(i) \1\,
264.147(e) \1\,
264.174, 264.191(a)
\1\,
264.191(b)(5)(ii)
\1\, 264.192(a)
introductory
paragraph \1\ and (b)
introductory
paragraph \1\,
264.193(a)(1) and
(a)(2), 264.193(i)(2)
\1\, 264.195(b)-(g),
264.196(f) \1\,
264.251(c)
introductory
paragraph, 264.280(b)
\1\, 264.314,
264.343(a)(2),
264.347(d),
264.554(c)(2) \1\,
264.571(a)-(c) \1\,
264.573(a)(4)(ii)
\1\, 264.573(g) \1\,
264.574(a) \1\,
264.1061(b)(1) and
(b)(2), 264.1062(a),
264.1100 introductory
paragraph,
264.1101(c)(2) \1\,
265.15(b)(4),
265.16(a)(4),
265.52(b), 265.56(i),
265.73(b)
introductory
paragraph,
265.73(b)(1) and
(b)(2), 265.73(b)(6)-
(8), 265.73(b)(15),
265.90(d)(1) and
(d)(3), 265.93(d)(2)
and (d)(5),
265.113(e)(5),
265.115 \1\, 265.120
\1\, 265.143(h) \1\,
265.145(h) \1\,
265.147(e) \1\,
265.174, 265.191(a)
\1\,
265.191(b)(5)(ii)
\1\, 265.192(a)
introductory
paragraph \1\ and (b)
introductory
paragraph \1\,
265.193(a)(1)-(2),
265.193(i)(2) \1\,
265.195(a)-(c),
265.195(e)-(g),
265.196(f) \ 1\,
265.201(c)
introductory
paragraph,
265.201(d),
265.201(f)-(h),
265.221(a), 265.224,
265.259(a),
265.280(e) \1\,
265.301(a),
265.303(a), 265.314,
265.441(a)-(c) \1\,
265.443(a)(4)(ii)
\1\, 265.443(g) \ 1\,
265.444(a) \1\,
265.1061(b)(1) and
(b)(2), 265.1061(d),
265.1062(a), 265.1100
introductory
paragraph,
265.1101(c)(2) \1\,
266.102(e)(10),
266.103(d) and (k),
268.7(a)(1) and
(a)(2), 268.7(b)(6),
268.9(a) and (d),
270.14(a) \1\,
270.16(a) \1\,
270.26(c)(15) \1\,
and 270.42 Appendix
I, Item O except Item
O.1, as amended
September 25, 2015,
effective on October
18, 2015.
3. Correction to Errors in 71 FR 40254-40280 Arkansas Code of 1987
the Code of Federal July 14, 2006. Annotated (A.C.A.)
Regulations. (Checklist Sections 8-7-201
214). through 8-7-226.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections 260.10
``Incompatible
Waste'', ``Personnel
or facility
personnel'',
``Universal waste'',
and ``Used oil'',
260.22(a)(1),
260.22(d)(1)(ii),
260.40(a), 260.41
introductory
paragraph,
261.2(c)(1)(i),
261.3(a)(2)(i),
261.4(a)(20)(v),
261.4(b)(6)(i)(B),
261.4(b)(6)(ii)
introductory
paragraph,
261.4(b)(6)(ii)(D)
and (F), 261.4(b)(9),
261.4(e)(2)(vi),
261.4(e)(3)(i),
261.6(a)(2)(i)-(v),
261.6(c)(2),
261.21(a)(3) and
(a)(4), 261.21/Notes
1-4, 261.24(b),
261.31(a)/Table,
261.32/Table ``K107''
and ``K069'' entries,
261.33(e), 261.33(e)/
Comment, 261.33(e)/
Table, 261.33(f),
261.33(f)/Comment,
261.33(f)/Table,
261.38/Table 1,
261.38(c)(1)(i)(C)(4)
, Part 261, Appendix
VII, Part 261,
Appendix VIII,
262.34(a)(1)(iv),
262.53(b), 262.56(b),
262.58(a)(1), 262.70,
262.81(k),
262.82(a)(1)(ii),
262.83(b)(1)(i),
262.83(b)(2)(i),
262.84(e), 262.87(a),
262.87(a)(5)
introductory
paragraph,
264.1(g)(2), 264.4,
264.13(b)(7)(iii)(B),
264.17(b)
introductory
paragraph,
264.18(a)(2)(iii),
264.18(b)(2)(iii),
264.97(a)(1)
introductory
paragraph,
264.97(a)(1)(i),
264.97(i)(5),
264.98(a)(2),
264.98(g)(4)(i),
264.99(h)(2)
introductory text,
264.101(d),
264.111(c),
264.112(b)(8),
264.115, 264.116,
264.118(c),
264.119(b)(1)(ii),
264.140(d)(1),
264.142(b)(2),
264.143(b)(7) and
(b)(8),
264.143(e)(5),
264.145(a)(3)(i),
264.145(d)(6),
264.145(f)(11)
introductory
paragraph,
264.147(h)(1),
264.151(b),
264.151(f)
introductory
paragraph,
264.151(g), Letter
From Chief Financial
Officer, fifth
paragraph, item 3,
Part A, Alternative
I, item *3, Part B,
Alternative I, items
10 and 15, and Part
B, Alternative II,
item *7,
264.151(h)(2)
Guarantee For
Liability Coverage,
Certification of
Valid Claim Recitals,
item 13.(a), and
Recitals, item 14,
264.151(i), item
2.(e), 264.151(j),
item 2.(d),
264.151(k),
Irrevocable Standby
Letter of Credit and
CERTIFICATE OF VALID
CLAIM, 264.151(1),
264.151(1),
CERTIFICATION OF
VALID CLAIM,
264.151(m)(1),
CERTIFICATION OF
VALID CLAIM, Section
8.(c), 264.151(n)(1),
under STANDBY TRUST
AGREEMENT Section
3.(c)(1), Section
3.(e)(3), and
Sections 12 and 16,
264.175(b)(1),264.193
(c)(4) Note, (d)(4),
(e)(2)(ii) and (iii),
(e)(2)(v)(A) and (B),
(e)(3)(i) and (ii),
(g)(1)(iii) and (iv),
and (g)(2)(i)(A),
264.221(c)(1)(i)(B),
(c)(2)(ii), (e)(1),
and (e)(2)(i)(B) and
(C), 264.223(b)(1),
264.226(a)(2),
264.251(a)(2)(i)(A),
[[Page 53029]]
264.252(a) and (b),
264.259(b),
264.280(c)(7) and (d)
introductory
paragraph,
264.283(a),
264.301(c)(2),
264.301(e)(2)(i)(B),
264.302(a), (b) and
(b)(1),
264.314(e)(2),
264.317(a)
introductory
paragraph,
264.344(b),
264.552(e)(4)(iii),
(e)(4)(iv)(F), and
(e)(6)(iii)(E),
264.553(e)
introductory
paragraph, 264.554(a)
introductory
paragraph,
264.555(e)(6),
264.573(a)(1),
(a)(4)(i), (a)(5),
(b) introductory
paragraph, and (m)(2)
and (m)(3), 264.600,
264.601(a)
introductory
paragraph, (b)(11),
and (c)(4),
264.1030(c),
264.1033(f)(2)(vii)(B
), 264.1034(b)(2),
264.1035(c)(4)(i) and
(ii), 264.1050(f),
264.1058(c)(1),
264.1064(c)(3),
264.1080(a) and (c),
264.1090(c),
264.1101(b)(3)(iii),(
c)(3) introductory
paragraph, (c)(3)(i),
and (d) introductory
paragraph,
264.1102(a), Part
264, Appendix I/Table
1, Part 264, Appendix
I/Table 2, Section
2.(d),
265.1(c)(4)(i),
265.1(c)(6),
265.12(a)(1),
265.14(b)(1),
265.16(b),
265.19(c)(2),
265.56(b), 265.90(d)
introductory
paragraph,
265.110(b)(4),
265.111(c),
265.112(b)(5),
265.112(d)(4),
265.113(b)
introductory
paragraph,
265.113(e)(4),
265.117(b)
introductory
paragraph,
265.119(b)(1)(ii),
265.140(b)
introductory
paragraph and (b)(2),
265.142(a),
265.145(e)(11),
265.147(a)(1)(i) and
(b)(1)(i) and (ii),
265.174,
265.193(e)(2)(v)(A)
and (B) and (i)(2),
265.194(b)(1) and
(2), 265.197(b),
265.201(c)
introductory
paragraph, 265.221(a)
and(d)(2)(i)(A) and
(B), 265.224(b)(1),
265.228(a)(2)(iii)(D)
and(b)(2),
265.229(b)(2) and
(b)(3), 265.255(b),
265.259(b)(1),
265.280(a)(4),
265.281(a)(1),
265.301(a), (d)(1),
and (d)(2)(i)(B),
265.302(b),
265.303(b)(1),
265.312(a)(1),
265.314(e)(1)(ii)
and(f)(2), 265.316
introductory
paragraph, (c) and
(d), 265.405(a)(1),
265.441(c),
265.443(a)(4)(i) and
(b) introductory
paragraph,
265.445(b),
265.1033(f)(2)(ii),
265.1035(b)(2)
introductory
paragraph, (b)(2)(i),
and
265.1035(c)(4)(i),
265.1063(b)(4)(ii),
265.1080(a),
265.1085(h)(3)
introductory
paragraph,
265.1087(b),
265.1090(f)(1),
265.1100(d),
265.1101(b)(3)(i)(B),
(b)(3)(iii), (c)(3)
introductory
paragraph, and (d)
introductory
paragraph, Part 265,
Appendix I/Tables 1-
2, Part 265, Appendix
V/Table, Part 265,
Appendix VI,
266.70(a), 266.80(a)/
Table,
266.100(b)(2)(iv),
266.100(d)(3)(i)(A),
266.100(g)
introductory
paragraph,
266.102(a)(2)(vi),
266.102(e)(3)(i)(E),
(e)(5)(i)(C),
(e)(6)(ii)(B)(2), and
(e)(8)(iii),
266.103(a)(4)(vii),
266.103(b)(2)(v)(B)(2
), (b)(5)(ii)(A), and
(b)(6)(viii)(A),
266.103(c)(1)(i),
(c)(1)(ii)(A)(2),
(c)(1)(ix)
introductory
paragraph,
(c)(1)(ix)(A), and
(c)(4)(iv)(C)(1),
266.103(g)(1)(i),
266.106(d)(1),
266.109(a)(2)(ii) and
(b) introductory
paragraph, Part 266,
subpart N heading,
Part 266, Appendices
III through VI, Part
266, Appendix VIII,
3(b)(2), Part 266,
Appendix XIII,
267.147(f)(2)(i)(A),
268.2(g), 268.4(a)(3)
introductory
paragraph,
268.6(c)(5)
introductory
paragraph,
268.7(a)(1),
(a)(3)(ii), (a)(4)/
Table entry 8,
(b)(3)(ii)/Table,
entry 5, (b)(4)(ii),
(c)(2), (d)
introductory
paragraph, (d)(1)
introductory
paragraph, (d)(1)(i)-
(iii), and (d)(2) and
(d)(3), 268.14(b) and
(c), 268.40(g),
268.40/Table
``TREATMENT STANDARDS
FOR HAZARDOUS
WASTES'', 268.42/
Table 1, 268.44(c),
268.45/Table 1,
268.48/Table
``UNIVERSAL TREATMENT
STANDARDS'',
268.49(d), 268.50(c),
268.50(g), Part 268,
Appendix VIII,
270.1(a)(2)/Table,
270.1(b) introductory
paragraph,
270.1(c)(1)(iii),
270.1(c)(3)(i)
introductory
paragraph, 270.2 ``On-
site'' and ``Publicly
owned treatment works
(POTW)'', 270.10(j),
270.11(d)(1) and (2),
270.13(k)(7),
270.14(a),
(b)(11)(ii)(B),
(b)(19)(iii), and
(b)(21), 270.17(f),
270.18(b) and (g),
270.20(i)(2),
270.26(c)(15),
270.33(b)
introductory
paragraph, 270.41(c),
270.42(d)(2)(i),
270.42, Appendix I,
270.70(a)
introductory
paragraph,
270.72(b)(2), 273.9
``Universal waste'',
273.13(b)
introductory
paragraph, 273.14(a),
273.34(a), 279.1
``Petroleum refining
facility'',
279.10(b)(2)
introductory
paragraph, 279.11,
279.11/Table 1,
279.43(c)(3)(i) and
(c)(5), 279.44(a) and
(c)(2), 279.45(a),
279.52(a) and (b),
(b)(1)(ii) and
(b)(6)(ii) and (iii),
279.55(a)
introductory
paragraph, and
(b)(2)(i)(B),
279.56(a)(2),
279.57(a)(2)(ii),
279.59, 279.63(b)(3),
279.64(e), and
279.70(b)(1), as
amended September 25,
2015, effective on
October 18, 2015.
4. Hazardous Waste Technical 77 FR 22229-22232 Arkansas Code of 1987
Corrections and April 13, 2012. Annotated (A.C.A.)
Clarification Rule. Sections 8-7-201
(Checklist 228). through 8-7-226.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections
261.32(a), entry for
K107, and 266.20(b),
as amended September
25, 2015, effective
on October 18, 2015.
5. Conditional Exclusions 78 FR 46448-46485 Arkansas Code of 1987
for Solvent Contaminated July 31, 2013. Annotated (A.C.A.)
Wipes. (Checklist 229). Sections 8-7-201
through 8-7-226.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections 260.10
``No free liquids'',
260.10 ``Solvent-
contaminated wipe'',
260.10 ``Wipe'',
261.4(a)(26), and
261.4(b)(18), as
amended September 25,
2015, effective on
October 18, 2015.
[[Page 53030]]
6. Conditional Exclusion for 79 FR 350-364 Arkansas Code of 1987
Carbon Dioxide (CO2) January 3, 2014. Annotated (A.C.A.)
Streams in Geologic Sections 8-7-201
Sequestration Activities. through 8-7-226.
(Checklist 230). Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections 260.10
``Carbon dioxide
stream'', and
261.4(h), as amended
September 25, 2015,
effective on October
18, 2015.
7. Hazardous Waste 79 FR 7518-7563 Arkansas Code of 1987
Electronic Manifest Rule. February 7, 2014. Annotated (A.C.A.)
(Checklist 231). Sections 8-7-201
through 8-7-226.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections 260.2,
260.10 ``Electronic
manifest (or e-
manifest)'',
``Electronic manifest
system (or e-manifest
system)'',
``Manifest'', ``User
of the electronic
manifest system'',
262.20(a)(3), 262.24,
262.25, 263.20(a),
263.25(a),
264.71(a)(2),
264.71(g)-(l),
265.71(a)(2),
265.71(g)-(l), as
amended September 25,
2015, effective on
October 18, 2015.
(See Section I.
Electronic Manifest
provisions that are
non-delegable to
States.)
8. Revisions to the Export 79 FR 36220-36231 Arkansas Code of 1987
Provisions of the Cathode June 26, 2014. Annotated (A.C.A.)
Ray Tube (CRT) Rule. Sections 8-7-201
(Checklist 232). through 8-7-226.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23, (Hazardous
Waste Management)
(HWM) Sections 260.10
``CRT exporter'',
261.39(a)(5)(i)(F),
and (a)(5)(x) and
(xi), and 261.41(a)
and (b), as amended
September 25, 2015,
effective on October
18, 2015.
------------------------------------------------------------------------
\1\ More stringent provisions.
VIII. Where are the revised State rules different from the Federal
rules?
The State of Arkansas regulations that are more stringent than the
Federal regulations are documented in the above chart. For enforcement
purposes, the EPA does not enforce broader in scope provisions.
IX. Electronic manifest provisions that are non-delegable to States.
The Federal Hazardous Waste Electronic Manifest Rule (79 FR 7518;
February 7, 2014) contains several provisions which are non-delegable
to States. Specifically, States cannot receive authorization to
establish a Federal user under the electronic manifest requirements,
nor can States receive authorization for the electronic signature
requirements, resulting in the States' inability to implement the
provisions listed below. However, EPA strongly recommends States adopt
these provisions while retaining the EPA rule language unchanged;
Arkansas has adopted the Electronic Manifest Rule using this approach.
The non-delegable provisions and provisions where States must retain
references to ``EPA'' are: 40 CFR 260.10 ``electronic manifest'',
``electronic manifest system'', ``use of the electronic manifest
system''; 262.24(g); 262.25; 263.20(a)(2); 262.20(a)(3)(ii);
263.20(a)(8); 264.71(a)(2)(v); 264.71(j); 265.71(a)(2)(v); and
265.71(j).
X. Who handles permits after the authorization takes effect?
The State of Arkansas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. EPA will not issue any more new permits or new portions
of permits for the provisions listed in the chart in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which ADEQ is
not yet authorized.
XI. How does this action affect Indian Country (18 U.S.C. 1151) in
Arkansas?
The State of Arkansas Hazardous Program is not being authorized to
operate in Indian Country.
XII. What is codification and is the EPA codifying Arkansas' hazardous
waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart E for this authorization of Arkansas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register document.
XIII. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. The
reference to Executive Order 13563 (73 FR 3821, January 21, 2011) is
also exempt from review under Executive orders 12866 (56 FR 51735,
October 4, 1993). This action authorizes State requirements for the
purpose of RCRA 3006 and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes preexisting requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
[[Page 53031]]
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application; to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective October 11, 2016.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 14, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-18433 Filed 8-10-16; 8:45 am]
BILLING CODE 6560-50-P
