[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24854]


[[Page Unknown]]

[Federal Register: October 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5085-9]

 

Arkansas: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Arkansas has applied for final authorization of 
revision to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has 
reviewed the State of Arkansas's application and decided that its 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for final authorization. Unless adverse written 
comments are received during the review and comment period provided for 
public participation in this process, EPA intends to approve Arkansas's 
hazardous waste program revision subject to the authority retained by 
EPA in accordance with the Hazardous Solid Waste Amendments of 1984. 
Arkansas's application for the program revision is available for public 
review and comment.

DATES: This final authorization for the State of Arkansas shall be 
effective on December 21, 1994 unless EPA publishes a prior Federal 
Register (FR) action withdrawing this immediate final rule. All 
comments on Arkansas's program revision application must be received by 
the close of business on November 21, 1994.

ADDRESSES: Written comments, referring to Docket Number AR-94-1, should 
be sent to Alima Patterson, Region 6 AR-NM Authorization Coordinator, 
Grants and Authorization Section (6H-HS), RCRA Programs Branch, US EPA 
Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross 
Avenue, Dallas, Texas 75202, phone (214) 665-8533. Copies of the 
Arkansas program revision application and the materials which EPA used 
in evaluating the revision are available from 8:30 a.m. to 4 p.m., 
Monday through Friday at the following addresses for inspection and 
copying: Arkansas Department of Pollution Control and Ecology, 8001 
National Drive, Little Rock, Arkansas 72209-8913, phone (501) 562-7444; 
and the US EPA, Region 6 Library, 12th Floor, First Interstate Bank 
Tower at Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone 
(214) 665-6444.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, AR-NM Authorization 
Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs 
Branch, US EPA Region 6, First Interstate Bank Tower at Fountain Place, 
1445 Ross Avenue, Dallas, Texas 75202, phone (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA or the Act''), 42 U.S.C. 
6926(b), have a continuing obligation to maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal hazardous waste program. Revisions to State hazardous 
waste programs are necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, State program revisions are necessitated by changes to 
EPA's regulations in 40 CFR parts 124, 260 through 268, and 270.

B. Arkansas

    Arkansas initially received final authorization on January 25, 
1985, (see 50 FR 1513) to implement its base hazardous waste management 
program. Arkansas received authorization for revisions to its program 
on August 23, 1985, May 29, 1990 (see 55 FR 11192), November 18, 1991 
(see 56 FR 57593 and 56 FR 47153), and December 4, 1992 (see 57 FR 
45721 and 57 FR 45722). The authorized Arkansas RCRA program was 
incorporated by reference into the Code of Federal Regulations 
effective December 13, 1993 (see 58 FR 52674). On June 9, 1994, 
Arkansas submitted a final complete program revision application for 
additional program approvals. Today, Arkansas is seeking approval of 
its program revision in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed the State of Arkansas's application, and decided 
that Arkansas's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant final authorization for Arkansas's 
additional program modifications. The public may submit written 
comments on EPA's final decision until November 21, 1994. Copies of 
Arkansas's application for program revision are available for 
inspection and copying at the locations indicated in the ADDRESSES 
section of this notice.
    Approval of Arkansas's program revision shall become effective 75 
days from the date this notice is published, unless an adverse written 
comment pertaining to the State's application discussed in this notice 
is received by the end of the comments period. If an adverse comment is 
received, EPA will publish either: (1) A withdrawal of the immediate 
final decision; or (2) a notice containing a response to comments which 
either affirms that the immediate final decision takes effect or 
reverses the decision.
    Arkansas's program revision application includes State regulatory 
changes that are equivalent to the rules promulgated in the Federal 
RCRA implementing regulations in 40 CFR parts 124, 260 through 262, 
264, 265, 266, 268, and 270 that were published in the FR through June 
30, 1992. This proposed approval includes the provisions that are 
listed in the chart below. This chart lists the State analogs that are 
being recognized as equivalent to the appropriate Federal requirements. 


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          Federal citation                       State analog           
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1. Wood Preserving Listings;         Arkansas Hazardous Waste Management
 Technical Corrections, [56 FR        Code (AHWMC) 23 Sec. 3a (2), (3), 
 30192-30198], July 1, 1991.          (5), (6), (9); 13a (6), (7); 13a  
 (Checklist 92).                      (6), (7), and (11), as amended    
                                      August 27, 1993, effective        
                                      September 21, 1993.               
2. Burning of Hazardous Waste in     AHWMC 23 Sec. 3a (2), (7), and (9),
 Boilers and Industrial Furnaces;     as amended August 27, 1993,       
 Corrections and Technical            effective September 21, 1993.     
 Amendments I, [56 FR 32688], July                                      
 17, 1991. (Checklist 94).                                              
3. Land Disposal Restrictions for    AHWMC 23 Sec. 3a (2), and (8), as  
 Electric Arc Furnace Dust (K061),    amended August 27, 1993, effective
 [56 FR 41164-41178], August 19,      September 21, 1993.               
 1991. (Checklist 95).                                                  
4. Burning of Hazardous Waste in     AHWMC 23 Sec. 3a (2), (6), and (7),
 Boilers and Industrial Furnaces;     as amended August 27, 1993,       
 Technical Amendments, [56 FR 42504-  effective September 21, 1993.     
 42517], August 27, 1991.                                               
 (Checklist 96).                                                        
5. Exports of Hazardous Waste;       AHWMC 23 Sec. 3a(3), as amended    
 Technical Correction, [56 FR 43704-  August 27, 1993, effective        
 43705], September 4, 1991.           September 21, 1993.               
 (Checklist 97).                                                        
6. Burning of Hazardous Waste in     AHWMC 23 Sec. 3a(7), as amended    
 Boilers and Industrial Furnaces;     August 27, 1993, effective        
 Administrative Stay of               September 21, 1993.               
 Applicability and Technical                                            
 Amendment, [56 FR 43874-43877],                                        
 September 5, 1991. (Checklist 98).                                     
7. Amendment to Interim Status       AHWMC 23 Sec. 3a(6), as amended    
 Standards for Downgradient           August 27, 1993, effective        
 Groundwater Monitoring Well          September 21, 1993.               
 Locations, [56 FR 66365-66369],                                        
 December 23, 1991. (Checklist 99).                                     
8. Liners and Leak Detection         AHWMC 23 Sec. 3a (1), (5), (6) and 
 Systems for Hazardous Waste Land     (9), as amended August 27, 1993,  
 Disposal Units, [57 FR 3462-3497],   effective September 21, 1993.     
 January 29, 1992. (Checklist 100).                                     
9. Administrative Stay for the       AHWMC 23 Sec. 13a (7), and (11) as 
 Requirement that Existing Drip       amended August 27, 1993, effective
 Pads Be Impermeable, [57 FR 5859-    September 21, 1993.               
 5861], February 18, 1992.                                              
 (Checklist 101).                                                       
10. Second Correction to the Third   AHWMC 23 Sec. 3a (5), (6) and (8), 
 Third Land Disposal Restrictions,    as amended August 27, 1993,       
 [57 FR 8086-8089], March 6, 1992.    effective September 21, 1993.     
 (Checklist 102).                                                       
11. Hazardous Debris Case-by-Case    AHWMC 23 Sec. 3a(8), as amended    
 Capacity Variance, [57 FR 20766-     August 27, 1993, effective        
 20770], May 15, 1992. (Checklist     September 21, 1993.               
 103).                                                                  
12. Oil Filter Exclusion, [57 FR     AHWMC 23 Sec. 3a(2), as amended    
 21524-21534], May 20, 1992.          August 27, 1993, effective        
 (Checklist 104).                     September 21, 1993.               
13. Recycled Coke By-Product         AHWMC 23 Sec. 3a(2), as amended    
 Exclusion, [57 FR 27880-27888],      August 27, 1993, effective        
 June 22, 1992. (Checklist 105).      September 21, 1993.               
14. Lead-Bearing Hazardous           AHWMC 23 Sec. 3a(8), as amended    
 Materials Case-by-Case Capacity      August 27, 1993, effective        
 Variance, [57 FR 28628-28632],       September 21, 1993.               
 June 26, 1992. (Checklist 106).                                        
------------------------------------------------------------------------

    Arkansas is not authorized to operate the Federal program on Indian 
lands. This authority remains with EPA.

C. Decision

    I conclude that the Arkansas application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Arkansas is granted final authorization to operate its 
hazardous waste program as revised. Arkansas now has responsibility for 
permitting treatment, storage, and disposal facilities within its 
borders and carrying out the the aspects of the RCRA program described 
in its revised program application, subject to the limitations of the 
HSWA. Arkansas also has primary enforcement responsibilities, although 
EPA retains the right to conduct inspections under section 3007 of RCRA 
and to take enforcement actions under sections 3008, 3013, and 7003 of 
RCRA.

D. Codification in Part 272

    EPA uses part 272 for codification of the decision to authorize 
Arkansas's program and for incorporation by reference of those 
provisions of Arkansas's statutes and regulations that EPA will enforce 
under sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is 
reserving amendment of part 272, subpart E until a later date.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Arkansas's program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. This authorization does not 
impose any new burdens on small entities. This rule, therefore, does 
not require a regulatory flexibility analysis.

Lists of Subjects in 40 CFR Part 271

    Administrative practice and procedure, Confidential business 
information, Hazardous materials transportation, Hazardous waste, 
Indian lands, Intergovernmental relations, Penalties, Reporting and 
recordkeeping requirements, Water pollution control, Water supply.

    Authority: This notice is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912, 6926, 6974(b).

    Dated: September 9, 1994.
W.B. Hathaway,
Acting Regional Administrator.
[FR Doc. 94-24854 Filed 10-6-94; 8:45 am]
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