[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Rules and Regulations]
[Pages 20038-20052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10038]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7173-7]


Arkansas: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Arkansas has applied for Final authorization of 
its revisions to its Hazardous Waste Program under the Resource 
Conservation and Recovery Act (RCRA). The EPA has determined that these 
revisions satisfy all requirements needed to qualify for Final 
authorization, and is authorizing the State's revisions through this 
immediate final action. The EPA is publishing this rule to authorize 
the revisions without a prior proposal because we believe this action 
is not controversial and do not expect adverse comments. Unless we get 
adverse comments which oppose this authorization during the comment 
period, the decision to authorize the State of Arkansas Department of 
Environmental Quality's (ADEQ) revisions to their hazardous waste 
program will take effect. If adverse comments are received, we will 
publish a document in the Federal Register either; withdrawing this 
immediate final decision; or a notice containing a response to comments 
and which either affirms that the immediate final decision takes effect 
or reverses the decision.

DATES: This immediate final rule is effective on June 24, 2002, unless 
EPA receives adverse written comments by May 24, 2002. Should the EPA 
receive such comments, it will publish a timely document either: 
withdrawing the immediate final publication or affirming the 
publication and responding to comments.

ADDRESSES: Written comments referring to Docket Number AR-01-02, should 
be sent to Alima Patterson, Region 6, Regional Authorization 
Coordinator, Grants and Authorization Section (6PD-G), Multimedia 
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733. Copies of the State of Arkansas program 
revision application and the materials which EPA used in evaluating the 
revision are available for inspection and copying from 8:30 a.m. to 4 
p.m. Monday through Friday at the following addresses: EPA Region 6, 
1445 Ross Avenue, Dallas, Texas 75202-2733,

[[Page 20039]]

(214) 665-8533: or Arkansas Department of Environmental Quality, 8101 
Interstate 30, Little Rock, Arkansas 72219-8913, (501) 682-0876.

FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal Hazardous Waste Program. As the Federal program 
changes, States must change their programs and ask 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 EPA's regulations in 40 CFR parts 124, 260 
through 266, 268, 270, 273, and 279.

B. What Is the Effect of Today's 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 
(in RCRA Clusters III-IX and Checklist 181 Universal Waste Rule, 
Specific Provisions for Hazardous Lamps in RCRA Cluster X listed in 
this document) 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 
EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, which include, among others, authority to: (1) Do inspections, 
and require monitoring, tests, analyses or reports; (2) enforce RCRA 
requirements and suspend or revoke permits; and (3) take enforcement 
actions regardless of whether the State has taken its own actions. This 
action does not impose additional requirements on the regulated 
community because the regulations for which Arkansas is being 
authorized by today's action are already effective, and are not changed 
by today's action.

C. What Is the History of Arkansas' Final Authorization and It's 
Revisions?

    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 
at 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; and October 7, 1994 (59 FR 51115) effective 
December 21, 1994. The authorized Arkansas RCRA program was 
incorporated by reference into the Code of Federal Regulations 
effective December 13, 1993 (58 FR 52674). On November 7, 2000, 
Arkansas submitted a final complete program revision application, 
seeking authorization of its program revisions in accordance with 40 
CFR 271.21. The State of Arkansas also has adopted the regulations for 
Import and Export of Hazardous Waste. However, the requirements of the 
Import and Export regulations will be administered by the EPA and not 
the State, because the exercise of foreign relations and International 
Commerce powers is reserved to the Federal government under the United 
States Constitution. Therefore, the State of Arkansas is not seeking 
authorization for this rule.
    On April 1994, Arkansas Department of Pollution Control and Ecology 
(ADPC&E), revised its Regulation Number 23 from one of ``incorporation 
by reference'' to the adoption and incorporation of a version of the 
full text of the Federal regulatory language. Modifications were made 
as necessary to provide for the appropriate State protocol or point of 
contact for federally authorized rules and regulations under the State 
waste management program, with additional or more stringent State 
requirements. The text of 40 CFR parts 260-266, 268, 270, 273 and 279 
has been inserted into Chapter 2 of Regulation No 23, with the federal 
``Parts'' redesignated as State ``Sections'', and federal ``Subparts'' 
redesignated as State ``Subsections''. Part, Subpart, and paragraph 
numbering and citations have been retained in the same format as in the 
federal regulations throughout the text. This restructuring makes it 
simpler for the regulated community to determine which specific rules 
are effective at any point in time under the State hazardous waste 
management program, and provides a single regulatory reference for most 
hazardous waste management situations within the State. The 
Consolidated Independent Counsel Statement submitted with Arkansas' 
application for final authorization addresses the revised program 
implementation requirements under RCRA as amended by The Hazardous and 
Solid Waste Amendments of 1984 ( HSWA). The State is seeking 
authorization in this application for RCRA Clusters III, IV, V, VI, 
VII, VIII, IX and one rule in RCRA Cluster X (Universal Waste Rule, 
Specific Provisions for Hazardous Waste Lamps Checklist 181).
    Reference to ``ARK'' ``Code Ann'' and ``A.C.A'' refer to the 
Arkansas Code of 1987 Annotated, as amended and effective in 2001. 
Reference to ``APC&E Reg. No. 23'' refers to the Arkansas of Pollution 
Control and Ecology Commission's Regulations Number 23 (Hazardous Waste 
Management) (formerly titled the Arkansas Hazardous Waste Management 
Code), amended on December 1, 1995, effective January 21, 1996, to 
adopt all rules promulgated by EPA through June 30, 1995, and last 
amended on February 25, 2000, to adopt all final rules promulgated by 
EPA through July 6, 1999 and became effective on May 20, 2000. Dates of 
enactment and adoption for other statutes or regulations are given when 
cited.
    Arkansas Act 1219 of 1987 renamed the Arkansas Department of 
Pollution Control and Ecology (ADPC&E) as the ``Arkansas Department of 
Environmental Quality'' (hereafter referred to as the (ADEQ) with an 
effective date March 31, 1999. This name change was implemented in 
order to resolve public confusion concerning the respective functions 
and responsibilities of the Arkansas Department of Pollution Control 
and Ecology Commission and the Arkansas Department of Pollution Control 
and Ecology which arose because of the similarity in the names of these 
entities. The Arkansas Department of Environmental Quality succeeded to 
all the general powers and responsibilities previously assigned to the 
Department of Pollution Control and Ecology, and this name change in no 
way impaired or affected any of the powers and authorities of the 
ADPC&E, nor did it impair the continued effectiveness of any 
regulations, policies, or orders promulgated or issued by the Arkansas 
Pollution Control and Ecology Commission prior to the effective date of 
Act 1219. Likewise, references to Arkansas Department of Pollution 
Control and Ecology as it was referred to or empowered throughout the 
entire Arkansas Code, Annotated were changed to refer to the ``Arkansas 
Department of Environmental Quality''. The change in reference from the 
old to the name was codified in the Arkansas Code, Annotated, by Act 
1164 of 1999. This administrative name change has been reflected 
throughout this application.

[[Page 20040]]

D. What Revisions Are We Approving With Today's Action?

    On November 7, 2000, the State of Arkansas submitted a final 
complete program revision application, seeking authorization of their 
revisions in accordance with 40 CFR 271.21. We now make an immediate 
final decision, subject to receipt of adverse comments, that the State 
of Arkansas's hazardous waste program revision satisfies all the 
requirements necessary to qualify for Final authorization. Arkansas' 
revisions consist of regulations which specifically govern Federal 
Hazardous Waste promulgated from July 1, 1992, to June 30, 1999 (RCRA 
Clusters III-IX, and one rule in RCRA Cluster X Universal Waste Rule, 
promulgated July 6, 1999. Arkansas requirements are included in a chart 
with this document.

------------------------------------------------------------------------
            Federal citation                       State analog
------------------------------------------------------------------------
1. Used Oil Filter Exclusion; Technical  Arkansas Code of 1987 Annotated
 Correction, [57 FR 29220] July 1,        (A.C.A.) as amended, effective
 1992. (Checklist 107).                   1995, Arkansas Pollution
                                          Control and Ecology (APC&E)
                                          Regulation Number 23,
                                          (Hazardous Waste Management)
                                          (HWM) A.C.A. Sec.  8-7-
                                          209(a)(4), Sec.  8-7-209(a)(5)
                                          introductory paragraph, Sec.
                                          8-7-203(6), Sec.  8-7-202,
                                          Reg. No. 23 Secs.  261.1
                                          through 261.4, 261.1(b)(15),
                                          as amended December 1, 1995;
                                          effective January 21, 1996.
2. Toxicity Characteristics Revision;    A.C.A Sec.  8-7-209(a)(4),
 Technical Correction, [57 FR 30657]      APC&E Reg. No. 23 Secs.
 July 10, 1992. (Checklist 108).          261.3(a)(2)(i) 261.4, 261.8,
                                          261.24, 261.30(b), 261,
                                          Appendix II, 264.301(e)(1),
                                          265.221(d)(1), 265.273(a),
                                          265.301(d)(1) and 265,
                                          Appendix I, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
3. Land disposal Restrictions for Newly  A.C.A Sec.  8-7-209(a)(4),
 Listed Wastes and Hazardous Debris,      (5)(6), APC&E Reg. No. 23
 [57 FR 37194-37282] August 18, 1992.     Secs.  261.3(f), 268.2, 268.5,
 (Checklist 109).                         268.7, 268.14, 268.36, 268.40-
                                          43, 268.45, 270.13-14,
                                          261.3(a)&(c), 268.9, 268.6,
                                          260.10, 262.34, 264.110,
                                          264.111, 264.112, 264.140,
                                          264.142, 264 Subsection DD,
                                          265.110-112, 265.140-2,
                                          265.221, 265 Subsection DD,
                                          268.50, 270.42, 270.72, as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
4. Coke By-Product Listings, [57 FR      A.C.A Sec.  8-7-209(a)(4),
 37284] August 18, 1992. (Checklist       APC&E Reg. No. 23 Secs.
 110).                                    261.4(a)(1), 261.31, 261.32,
                                          261.33, 261, Appendix VIII,
                                          264.572(a)(2), and
                                          265.443(a)(2), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
5. Burning of Hazardous Waste in         A.C.A. Sec.  8-7-209(a)(4),
 Boilers and Industrial Furnaces;         (5), (6), Sec.  (8), (11) and
 Technical Amendment III, [57 FR 38558]   (12), Sec.  8-7-209(b), Sec.
 August 25, 1992. (Checklist (111).       8-7-202 Sec.  8-7-202(2), Sec.
                                           8-7-218(b)(2), Sec.  8-7-
                                          218(c), Sec.  8-7-219, Sec.  8-
                                          7-223, Sec.  8-7-225(a), Sec.
                                          8-7-211, APC&E Reg. No. 23
                                          Secs.  260.10, 260.20(a),
                                          261.2(d)(2), 261.2(e)(2)(iv),
                                          261.4, 261.6, 260.10, 260.11,
                                          260.20, 261.2, 261.33(b)(2),
                                          264.1, 264.112, 264.340,
                                          265.1, 265.112, 265.113,
                                          265.340(a), 265.370,
                                          264.1(g)(2), 265.1(c)(6),
                                          266.100(a) and (f),
                                          266.101(c)(1)(2),
                                          266.103(b)(2)(ii)(iii),
                                          266.103(b)(3)(ii)(B),
                                          266.103(b)(3)(v),
                                          266.103(c)(1),
                                          266.103(c)(ii)(A),
                                          266.103(c)(1)(ii)(A)(1),
                                          266.103(c)(1)(ii)(A)(2),
                                          266.103(c)(1)(ii)(C),
                                          266.103(c)(1)(iii),
                                          266.103(c)(vi), 266.103(c)(5),
                                          266.103(c)(7)(ii)(B),
                                          266.104(f)(1), 266.106(b)(7),
                                          266.106(d)(1)(3)(5),
                                          266.107(a), 266.108(c),
                                          266.112(B)(2)(i), 3(b)(2) 266
                                          Subsections H, 266 Appendices
                                          I-X, 270.22, 270.42, 270.66,
                                          270.72, and 270.73, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
6. Recycled Used Oil Management          A.C.A. Sec.  8-7-209(a)(4),
 Standards, [57 FR 41566-41626],          Sec.  8-7-209(a)(5), (6), and
 September 10, 1992. (Checklist 112).     (11), APC&E Reg. No. 23 Secs.
                                          260.10, 261.3(a)(2), 261.5(j),
                                          261.6(a)(2), (3), and (4),
                                          266.40-266.44, 266.100(b), 279
                                          and 30(b), as amended December
                                          1, 1995; effective January 21,
                                          1996.
7. Financial Responsibility for Third-   A.C.A. Sec.  8-7-209(1), and
 Party Liability, Closure and post-       (3), Sec.  8-7-209(a) (5),
 closure, [57 FR 42832], September 16,    (6), (8), (11) and (12), Sec.
 1992, Standards Applicable to Owners     8-7-209(b), Sec.  8-7-202(2),
 and Operators of Hazardous Waste         Sec.  8-7- 218(b)(2), Sec.  8-
 Treatment, Storage, and Disposal         7-216(f), Sec.  8-7-
 Facilities; Liability Coverage, [53 FR   218(2)(b)(2), Sec.  8-7-
 33938] September 1, 1988, Liability      218(c), Sec.  8-7-219, Sec.  8-
 Requirements; Technical Amendments,      7-223, Sec.  8-7-225(a), Sec.
 [56 FR 30200] July 1, 1991.              8-7-211, Sec.  8-7-219(1)(2),
 (Checklists 113, 113.1, and 113.2).      8-7-218, and 8-7-512, APC&E
                                          Reg. No. 23 Secs.  264.141(h),
                                          264.143(f)(10),
                                          264.145(f)(11), 264.147(a)(2)-
                                          (7), 264.147(a)(7)(i)-(iii),
                                          264.147(b)(2)-(7),
                                          264.147(b)(7)(i)-(iii),
                                          264.147(f)(6),
                                          264.147(g),(1)(ii),
                                          264.147(g)(2(i)-(ii),
                                          264.147(h), (1)-(5),
                                          264.147(i),(1)-(4),
                                          264.147(i)(4)(i)-(ii),
                                          264.147(j), 264.147(j)(1)-(4),
                                          264.147(k), 264.151(i)-(ii)
                                          264.151(b)(f)(g)(h)(1)-(2),
                                          264.151(i)(2)(d),
                                          264.151(j)(2)(d), 264.151(k),
                                          264.151(1), 264.151(m)(1)-(2),
                                          264.151(n)(1)-(2), 264.141(h),
                                          265.143(e)(10) 265.141,
                                          265.145(e)(11) and
                                          265.147(f)(6), 264.147(a)(7),
                                          264.147(b)(7), 265.134(E)(10)-
                                          (11), 265.147(a)(2)-(7)(i)-
                                          (iii), 265.147(b)(2)-(7)(i)-
                                          (iii), 265.147(f)(6),
                                          265.147(g),(1)(ii),
                                          265.147(g)(2)(i)-(ii),
                                          265.147(h),(1)-(5),
                                          265.147(i),(1)-(4)(i)-(ii),
                                          265.147(j),(1)-(4), and
                                          265.147(k), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
8. Burning of Hazardous Waste and        A.C.A. Sec.  8-7-209(1), and
 Industrial Furnaces; Amendment IV, [57   (3), Sec.  8-7-209(a) (5),
 FR 44999] September 30, 1992.            (6), (8), (11) and (12), Sec.
 (Checklist 114).                         8-7-209(b), Sec.  8-7-202(2),
                                          Sec.  8-7-218(b)(2), Sec.  8-7-
                                          218(c), Sec.  8-7-219, Sec.  8-
                                          7-223, Sec.  8-7-225(a), Sec.
                                          8-7-211, APC&E Reg. No. 23
                                          Secs.  260.10, 260.20(a),
                                          261.2(d)(2), 261.2(e)(2)(iv),
                                          261.4, 261.6, 260.10, 260.11,
                                          260.20, 261.2, 261.3, 261.4,
                                          264.1, 264.112, 264.340,
                                          265.1, 265.112, 265.113,
                                          265.340(a), 265.370, 266
                                          Subsection H, 266 Appendices I-
                                          X, 266.103(c)(1),
                                          266.103(c)(1)(ii)(C),
                                          266.103(c)(1)(iii),
                                          266.103(c)(1)(vi),
                                          266.103(c)(1)(vii)-(viii),
                                          266.103(c)(1)(xi)(B), and
                                          3(b)(2), as amended December
                                          1, 1995; effective January 21,
                                          1996.
9. Chlorinated Toluene Production and    A.C.A. Sec.  8-7-209(a)(4),
 Waste Listing, [57 FR 47376] October     Sec.  8-7-209(a)(5)
 15, 1992. (Checklist 115).               introduction paragraph, and
                                          Sec.  8-7-202, APC&E Reg. No.
                                          23 Secs.  261.4(b)(1), 261.31,
                                          261.32, 261.33, 261,
                                          Appendices III, VII, and VIII,
                                          as amended December 1, 1995;
                                          effective January 21, 1996.

[[Page 20041]]

 
10. Hazardous Soil Case-by-Case          A.C.A. Sec.  8-7-209(a)(5),
 Capacity Variance, [57 FR 47772]         (11), Sec.  8-7-202(2), Sec.
 October 20, 1992. (Checklist 116).       8-7-218(b)(2), Sec.  8-7-
                                          218(b)(c), Sec.  8-7-303(c),
                                          Sec.  8-7-303(1), Sec.  8-7-
                                          308(4), and (6)8-7-APC&E Reg.
                                          No. 23 Secs.  268.35(c)-(e),
                                          268.35(e)(1)-(2), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
11. ``Mixture'' and ``Derived-From       A.C.A. Sec.  8-7-209(a)(4),
 Rules; Response to Court Remand, [57     APC&E Reg. No. 23 Sec.  261.3
 FR 7628] March 3, 1992. (CheckList       (a), (b), (c), and (d), as
 17A).                                    amended December 1, 1995;
                                          effective January 21, 1996.
12. ``Mixture'' and Derived-From Rules;  A.C.A. Sec.  8-7-209(a)(4),
 Final Rule Correction, [57 23062]        APC&E Reg. No. 23 Sec.  261.3
 March 3, 1992. (Checklist 117A.1).       (a), (b), (c), and (d), as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
13. ``Mixture'' and ``Derived-From''     A.C.A. Sec.  8-7-209(a)(4),
 Rules; Final Rule, [57 FR 49278]         APC&E Reg. No. 23 Sec.  261
 October 20, 1992. (Checklist 117.2).     (a), (b), (c), and (d), as
                                          amended December 1, 1995;
                                          effective January 21 1996.
14. Toxicity Characteristic Revisions,   A.C.A. Sec.  8-7-209(a)(4),
 [57 FR 23062] June 1, 1992. (Checklist   APC&E Reg. No. 23 Secs.
 117B).                                   261.3(a)(2)(i), 261.4, 261.8,
                                          261.24, 261.30(b), 261,
                                          Appendix II, 264.301(e)(1),
                                          265.221(d)(1), 265.273(a),
                                          265.301(d)(1) and 265,
                                          Appendix I, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
15. Liquids in Landfills II, [57 FR      A.C.A. Secs.  8-7-205(4), 8-7-
 54452] November 18, 1992. (Checklist     209(a)(3), (4), (5)(B) and
 118).                                    (5)(C), and (6), 8-7-218(a), 8-
                                          7-308(4), APC&E Reg. No. 23
                                          Secs.  260.10, 264.13(c)(3),
                                          264.314, 264.316,
                                          265.13(b)(c), 265.314, and
                                          265.315, as amended December
                                          1, 1995; effective January 21
                                          1996.
16. Toxicity Characteristic Revisions;   A.C.A. Secs.  8-7205(4), APC&E
 TCLP, [57 FR 55114] 1996. November 24,   Reg. No. 23 Sec.  261,
 1992]. (Checklist 119).                  Appendix II, as amended
                                          December 1, 1995; effective
                                          January 21 1996.
17. Toxicity Characteristic Revisions;   A.C.A. Secs.  8-7205(4), APC&E
 TCLP Correction, [58 FR 6854] February   Reg. No. 23 Sec.  261,
 2, 1993. (Checklist 119.1).              Appendix II, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
18. Wood Preserving; Amendments to       A.C.A. Sec.  8-7-209(a)(4),
 Listings and Technical Requirements,     (5), (6), APC&E Reg. No. 23
 [57 FR 61492] December 24, 1992.         Secs.  264.1(a)(10), 261.31,
 (Checklist 120).                         261.31, 261.32, 261.33, 261.4,
                                          261.35, 261.34, Appendix VIII,
                                          264.572(a)(2), 264.190, 264
                                          Subsection W, 265 Subsection
                                          W, 264.570, 264.573, (a)(4),
                                          265.440, and 265.443(a)(2),
                                          (4), (a), 270.22, and 270.26,
                                          as amended December 1, 1995;
                                          effective January 21, 1996.
19. Corrective Action Management Units   A.C.A. Sec.  8-7-209(a)(5)(6) &
 and Temporary Units; Corrective Action   (8), 8-7-508, 5-7-512, APC&E
 Provisions Under Subtitle C, [58 FR      Reg. No. 23 Secs.  260.10,
 8658] February 16, 1993. (Checklist      264.3, 264.101(b), 264,
 121).                                    Subsection S, 265.1(b),
                                          268.2(c), 270.2, & 270.42, as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
20. Recycled Used Oil Management         A.C.A. Sec.  8-7-209(a)(4),
 Standards; Technical Amendments and      (5), (6) and (7), APC&E Reg.
 Corrections, [58 FR 26420] May 3,        No. 23 Secs.  260.10,
 1993. (Checklist 122).                   261.3(a)(2), 261.5(j),
                                          261.6(a)(2), (3), and (4),
                                          266.40-266.44, 266.100(b),
                                          279, and 30.(b), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
21. Land Disposal Restrictions; Renewal  A.C.A. Sec.  8-7-209(a)(5) and
 of the Hazardous Waste Debris Case-by-   (6), APC&E Reg. No 23 Sec.
 Case Capacity Variance, [58 FR 28506-    268.35(c)-(e), as amended
 2811] May 14, 1993. (Checklist 123).     December 1, 1995; effective
                                          January 21, 1996.
22. Land Disposal Restrictions for       A.C.A. Sec.  8-7-209(a)(5) and
 Ignitable and Corrosive Characteristic   (6), APC&E Reg. No 23 Sec.
 Wastes Treatment Standards Were          Sec.  268.37, as amended
 Vacated, [58 FR 29860-29887] May 24,     December 1, 1995; effective
 1993. (Checklist 124).                   January 21, 1996.
23. Boilers and Industrial Furnaces;     A.C.A. Sec.  8-7-209(a)(5) and
 Changes for Consistency with New Air     (6), APC&E Reg. No. 23, Secs.
 Regulations, [58 FR 38816-38884] July    260.11(a), 266.104(e),
 10, 1993. (Checklist 125).               266.106(h) and 266 Appendix X,
                                          as amended December 1, 1995;
                                          effective January 21, 1996.
24. Testing and Monitoring Activities,   A.C.A. Sec.  8-7-209(a)(5) and
 [58 FR 46040-46051] August 31, 1993,     (6), APC&E Reg. No. 23 Secs.
 as amended September 19, 1994, at [59    260.11(a), 260.22, 261.22(a),
 FR 47980-4782]. (Checklist 126).         261.24(a), 261, Appendices II,
                                          III and X, 264.190(a),
                                          264.314(c), 264.314(d),
                                          268.7(a), 268.40(a),
                                          268.41(a), 268 Appendices I
                                          and IX, 270.6(a), 270.19(c),
                                          270.62(b), 270.66(c), as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
25. Boilers and Industrial Furnaces;     A.C.A. Sec.  8-7-209(a)(5) and
 Administrative Stay and Interim          (6), APC&E Reg. No. 23 Secs.
 Standards for Bevill Residues, [58 FR    266.112(b), and 266, Appendix
 59598-59603], November 9, 1993.          VII, as amended December 1,
 (Checklist 127).                         1995; effective January 21,
                                          1996.
26. Hazardous Waste Management Systems;  A.C.A. Sec.  8-7-209(a)(4), and
 Identification and Listing of            Sec.  8-7-202, APC&E Reg. No.
 Hazardous Waste; Wastes from Wood        23 Secs.  260.11(a), and 261
 Surface Protection, [59 FR 458]          Appendices VIII, as amended
 January 4,1994. (Checklist 128).         December 1, 1995; effective
                                          January 21, 1996.
27. Hazardous Waste Management Systems;  A.C.A. Sec.  8-7-209(a)(4),
 Identification and Listing of            Sec.  8-7-209(a)(5)
 Hazardous Waste; Treatability Studies    introductory paragraph, Sec.
 Sample Exclusion, [59 FR 8362]           8-7-202, APC&E Reg. No. 23
 February 18, 1994. (Checklist 129).      Sec.  261.4(e)(2)(i)-(ii),
                                          261.4(e)(3), 261.4(e)(3)(i)-
                                          (iii), 261.4(e)(iii)(A)-(E),
                                          261.4(f)(3), and 261.4(f)(4)-
                                          (5), as amended December 1,
                                          1995; effective January 21,
                                          1996.
28. Recycled Used Oil Management         A.C.A. Sec.  8-7-209(a)(4),
 Standards; Technical Amendments and      Sec.  8-7-209(a)(5), (6), and
 Corrections II, [59 FR 10550-10560],     (11), APC&E Reg. No. 23 Secs.
 March 4, 1994. (Checklist 130).          260.10, 261.3(a)(2), 261.5(j),
                                          261.6(a)(2), (3), and (4),
                                          266.40-266.44 266.100(b), 279
                                          and 30(b), as amended December
                                          1, 1995; effective January 21,
                                          1996.
29. Recordkeeping Instruction; [59 FR    A.C.A. Sec.  8-6-1501-1504,
 13891] March 24, 1994. (Checklist 131).  Sec.  8-7-209(a)(4), (5), (6),
                                          Sec.  8-7-209(1), and (3),
                                          Sec.  8-7-209(a)(5), (6), (8),
                                          (11) and (12), Sec.  8-7-
                                          209(b), Sec.  8-7-202(2), Sec.
                                           8-7-218(b)(2), Sec.  8-7-
                                          218(c), Sec.  8-7-219, Sec.  8-
                                          7-223, Sec.  8-7-225(a), Sec.
                                          8-7-211, APC&E Reg. No. 23
                                          Sec.  264 Appendix I, Tables 1
                                          and Sec.  265 Appendix I,
                                          Tables 2, as amended December
                                          1, 1995; effective January 21,
                                          1996.
30. Hazardous Waste Management System;   A.C.A. Sec.  8-7-209(a)(4),
 Identification and Listing of            (5), Sec.  8-7-202, Secs.  8-7-
 Hazardous Wastes; Wastes from Wood       203(4)-(13), APC&E Reg. No. 23
 Surface Protection; Correction, [59 FR   Secs.  260.11(a), and as
 28484] June 2, 1994. (Checklist 132).    amended December 1, 1995;
                                          effective January 21, 1996.

[[Page 20042]]

 
31. Standards Applicable to Owners and   A.C.A. Sec.  8-7-209(a)(4),
 Operators of Hazardous Waste             (5), (6), Sec.  8-7-209(1),
 Treatment, Storage, and Disposal         and (3), Sec.  8-7-209(a)(5),
 Facilities, Underground Storage Tanks,   (6), (8), (11) and (12), Sec.
 and Underground Injection Control        8-7-209(b), Sec.  8-7-202(2),
 Systems; Financial Assurance; Letter     Sec.  8-7-218(b)(2), Sec.  8-7-
 of Credit, [59 FR 29958] June 10,        218(c), Sec.  8-7-219, Sec.  8-
 1994. (Checklist 133).                   7-223, Sec.  8-7-225(a), Sec.
                                          8-7-211, APC&E Reg. No. 23
                                          Sec.  264.151(d) and (k), as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
32. Hazardous Waste Management System;   A.C.A. Sec.  8-7-209(a)(4),
 Correction of Listing of P015-           APC&E Reg. No. 23 Secs.
 Beryllium Power, [59 FR 31551], June     261.4(a)(10), 261.31, 261.31,
 20, 1994. (Checklist 134).               261.32, 261.33, 261, Appendix
                                          VIII, 264.572(a)(2), and
                                          265.443(a)(2), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
33. Recovered Oil Exclusion, [59 FR      A.C.A. Sec.  8-7-209(a)(4),
 38536-38545], July 28, 1994.             APC&E Reg. No. 23 Secs.
 (Checklist 135).                         261.4, 261.6, and 266.100,
                                          A.C.A. Sec.  8-7-209(a)(4), as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
34. Removal of the Conditional           A.C.A. Sec.  8-7-209(a)(4),
 Exemption for Certain Slag Residues,     (5), and (6), APC&E Reg. No.
 [59 FR 43496-43500], as amended August   23 Secs.  266.20(c) and
 24, 1994. (Checklist 136).               268.41(a), as amended December
                                          1, 1995; effective January 21,
                                          1996.
35. Universal Treatment Standards and    A.C.A. Sec.  8-7-209(a)(2),
 Treatment Standards for Organic          (3), (4), (5), (11) and (b),
 Toxicity Characteristic Wastes and       A.C.A.Sec.  8-7-308(4) and
 Newly Listed Wastes, [59 FR 47982-       (8), APC&E Reg. No. 23 Secs.
 48110] September 19, 1994 as amended     260.30 260.30(b),
 at [60 FR 242-302, January 3, 1995.      260.31(a)&(b), 260.32,
 (Checklist 137).                         260.33(a)&(b), 266.100,
                                          261.2(e)(1)(iii), 268.1,
                                          268.7, 268.9, 268.38, 268.40,
                                          268.41, 268.42, 268.43,
                                          268.46, 268.48, and Appendices
                                          IV, V, and X, as amended
                                          December 1, 1995; effective
                                          January 21, 1996. State
                                          requirements are equivalent to
                                          those of the Federal program
                                          with the exception of the
                                          provisions of 40 CFR
                                          268.7(a)(10), which provides
                                          an exemption for wastes
                                          managed under tolling
                                          arrangements as provided under
                                          40 CFR 262.20(e). Arkansas
                                          does not allow the exemptions
                                          provided under this Federal
                                          rule, and thus does not exempt
                                          the wastes listed at 40 CFR
                                          268.7(a)(10).
36. Testing and Monitoring Activities    A.C.A. Sec.  8-7-209(a)(4),
 Amendment I, [60 FR 3089-3095],          (5), and (11), APC&E Reg. No.
 January 13, 1995. (Checklist 139).       23 Sec.  260.11, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
37. Carbamate Production Identification  A.C.A. Sec.  8-7-209(a)(4),
 and Listing of Hazardous Waste, [60 FR   APC&E Reg. No. 23 Sec.
 7824-7859], February 9, 1995, as         261.3(a)(2)(iv)(G), and
 amended at [60 FR 19165, April 17,       261.3(c)(2)(ii)(D), 261.32,
 1995 and at [60 FR 25619], May 12,       261.33, and appendices VII and
 1995. (Checklist 140).                   VIII, as amended December 1,
                                          1995; effective January 21,
                                          1996. The State had conducted
                                          an independent rulemaking, and
                                          the subsequent vacatur of the
                                          Federal rules in
                                          Dihiocarbamate Task Force v
                                          EPA did not immediately apply
                                          to the equivalent State's
                                          regulations. The State amended
                                          provision, in that they
                                          include the vacated waste
                                          streams are broader in scope
                                          than the equivalent Federal
                                          provisions. Arkansas has only
                                          one generator of that waste
                                          (Zeneca Ag Products), who
                                          subsequently applied to the
                                          Commission for a one-year
                                          variance from the State
                                          listing of those wastes. The
                                          Commission granted this
                                          variance, which expires
                                          February 28, 1998, pending
                                          further action by EPA to
                                          revise or re-promulgate its
                                          listing of the vacated waste
                                          streams. State requirements
                                          are broader in scope in
                                          comparison to the Federal
                                          program in that the State in
                                          that listings for K156, K157,
                                          and K158 include 3-iodo-2-
                                          propynyl n-butycarbamate
                                          (IPBC) as a hazardous
                                          constituent.
38. Testing and Monitoring Activities    A.C.A. Sec.  8-7-209(a)(4),
 Amendment II, [60 FR 17001-17004],       (5), and (11), APC&E Reg. No.
 April 4, 1995. (Checklist 141).          23 Sec.  260.11, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
39. Universal Waste: General             A.C.A. Sec.  8-7-209(a)(2),
 Provisions, [60 FR 25492-25551], May     (3), (4), (5), (11) and (b),
 11, 1995. (Checklist 142 A).             APC&E Reg. No. 23 Secs.  273,
                                          260.10, 261.5 and 261.9,
                                          262.10 and 262.11,
                                          264.1(g)(11), and
                                          265.1(c)(14), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
40. Universal Waste Rule: Specific       A.C.A. Sec.  8-7-209(a)(2),
 Provisions for Batteries, [60 FR 25492-  (3), (4), (5), (11) and (b), 8-
 25551] May 11, 1995. (Checklist 142 B).   10-301, (Act 952 of 1993,
                                          effective August 13, 1993),
                                          APC&E Reg. No. 23 Secs.
                                          260.10, 261.5 and 261.9,
                                          262.10 and 262.11,
                                          264.1(g)(11), 266, Subsection
                                          G and 273, 265.1(c)(14), as
                                          amended December 1, 1995;
                                          effective January 21, 1996.
41. Universal Waste Rule: Specific       A.C.A. Sec.  8-7-209(a)(2),
 Provisions for Pesticides, [60 FR        (3), (4), (5), (11) and (b),
 25492-2551], May 11, 1995. (Checklist    APC&E Reg. No. 23 Secs.
 142 C).                                  260.10, 261.5 and 261.9,
                                          262.10 and 262.11,
                                          264.1(g)(11), 266, and 273,
                                          265.1(c)(14), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
42. Universal Waste Rule: Specific       A.C.A. Sec.  8-7-209(a)(2),
 Provisions for Thermostats, [60 FR       (3), (4), (5), (11) and (b),
 25492-25551] May 11, 1995. (Checklist    APC&E Reg. No. 23 Secs.
 142 D).                                  260.10, 261.5 and 261.9,
                                          262.10 and Specific 262.11,
                                          264.1(g)(11), 266, and 273,
                                          265.1(c)(14), as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
43. Universal Waste Rule: Petition       A.C.A. Sec.  8-7-209(a)(2),
 Provisions to Add a New Universal        (3), (4), (5), (11) and (b),
 Waste, [60 FR 25492-25551] May 11,       APC&E 8 (Administrative
 1995. (Checklist 142 E).                 Procedures), Reg. No. 23 Secs.
                                          260.20(a) and 260.23, 273.80
                                          and 273.81, as amended
                                          December 1, 1995; effective
                                          January 21, 1996.
44. Removal of Legally Obsolete Rules,   A.C.A. Secs.  8-7-205(4), 8-7-
 [60 FR 33912-33915] June 29, 1995.       209(a); APC&E Reg. No. 23
 (Checklist 144).                         Secs.  261.31(a), 266.103(c)5,
                                          266.104(f)-(h), 270.2,
                                          270.10(e)(4), 270.10(f)(2),
                                          270.10(g)(1) amended February
                                          25, 2000 effective May 20,
                                          2000.
45. Liquids in Landfills III, [60 FR     A.C.A. Secs.  8-7-205(4), 8-7-
 35703-35706] July 11, 1995 (Checklist    209(a)(3), (4), (5)(B), as
 145).                                    amended and effective 1997;
                                          APC&E Reg. No. 23 Secs.
                                          264.314(e)(2)(ii)-(iii), and
                                          265.314(f)(2)(ii)-(iii), as
                                          amended July 25, 1997,
                                          effective August 22, 1997.
46. RCRA Expanded Public Participation,  A.C.A. Secs.  8-4-203(b)-(h), 8-
 [60 FR 63417-63434] December 11, 1995.   7-217, Reg. No. 8 Sec.  2.1.2-
 (checklist 148).                         10, No. 8 Sec.  2.1.2-10,
                                          APC&E Reg. No. 23 Secs.
                                          3(b)(3), 270.7(d)(f), 270.2,
                                          270.14(b)(22), 270.30(m),
                                          270.61(b)(5), 270.62(b) & (d),
                                          270.66(d) & (g), as amended
                                          July 25, 1997, effective
                                          August 22, 1997.
47. Amendments to the Definition of      A.C.A. Sec.  8-7-209(a)(4),
 Solid Waste; Amendments II, [61 FR       APC&E Reg. No. 23 Secs.
 13103-13106] March 26, 1996.             261.4(a)(12), as amended July
 (Checklist 150).                         25, 1997, effective August 22,
                                          1997.

[[Page 20043]]

 
48. Land Disposal Restrictions Phase     A.C.A. Sec.  8-7-209(a)(5) and
 III-Decharacterized Wastewaters,         (6), Reg. No. 23 Secs.
 carbamate Waste, and Spent Potliners     268.35(c)-(e), 268.2(f), (i)
 [61 FR 15566-15660] April 8, 1996, as    and (j), 268.3(a)-(c)268.7(a)
 amended April 8, 1996, at [61 FR 15660-  and (b), 268.8, 268.9(a) and
 15668] April 30, 1996, [61 FR 19117]     (d), 268.39, 268(a), (e), (g),
 June 28, 1996, [61 FR 33680-33690]       and Table 1, 268.(a), (e),
 July 10, 1996, [61 FR 36419-36421]       (g), and Table TTS, 268.44(a),
 August 26, 1996, [61 FR 43924-43931]     268.48(a) and Table UTS, and
 February 19, 1997 [62 FR 7502-7600].     268 Appendix XI, as amended
 (Checklist 151).                         July 25, 1997, effective
                                          August 22, 1997.
49. Criteria for Classification of       A.C.A. Sec.  8-7-209(a)(4),
 Solid Waste Disposal Facilities and      APC&EC Reg. 23 Secs.
 Practices; Identification and Listing    264.5(f)(3) and 264.5(g)(3);
 of Hazardous Waste; Requirements for     261.5(f)(3)(i)-(iii) and (iv)-
 Authorization of State Hazardous Waste   (vii), 261.5(g)(3) intro,
 Programs, [61 FR 34252] July 1, 1996.    261.5(g)(3)(i)-(vii), as
 (Checklist 153).                         amended February 25, 2000
                                          effective May 20, 2000.
50. Hazardous Waste Treatment, Storage,  A.C.A. Secs.  8-7-209(10), 8-7-
 and Disposal Facilities and Hazardous    209(b)(1), 8-7-209(b)(1)(F), 8-
 Waste Generators; Organic Air Emission   7-303(1) & (2), 8-7-310(a)(1),
 Standards for Tanks, Surface             8-7-310(a)(2), 8-7-209(b), 8-7-
 Impoundments, and Containers, [61 FR     210(d), 8-7-218(c), 8-7-
 59931] November 25, 1996, [59 FR         503(7), APC&E Reg. 23 Secs.
 62896], December 6, 1994, [60 FR         23 260.11(a)-(b), 261.6(c)(1),
 26828] May 19, 1995, [60 FR 50426]       and 262.34(d)(2), Reg. 23
 September 29, 1995, [60 FR 56952]        Secs.  270.4(a)(2)-(4),
 November 13, 1995, [61 FR 4903]          270.14(b)(5), 270.15(e),
 February 9, 1996, [61 FR 28508] June     270.16(k), 270.17(j),
 5, 1996. (Checklist 154, 154.1, 154.2,   270.27(a), 270.27(a)(1)-(7),
 154.3, 154.4, 154.5, and 154.6).         262.20(f), 262.34(a)(1)(i) &
                                          (ii), 264 Subsection CC & 265
                                          Subsection CC; amended
                                          February 25, 2000 effective
                                          May 20, 2000.
51. Land Disposal Restrictions Phase     A.C.A. Secs.  8-7-209(a)(5) and
 III--Emergency Extension of the K088     6, APC&EC Regulation 23 Sec.
 Capacity Variance, [62 FR 1992]          262.39(c); amended February
 January 14, 1997. (Checklist 155).       25, 2000 effective May 20,
                                          2000.
52. Military Munitions Rule: Hazardous    A.C.A. Secs.  8-7-209(a)(10),
 Waste Identification and Management;     8-7-209(b)(1), and 8-7-
 Explosives Emergencies; Manifest         209(b)(1)(F), 8-7-209(a)(3), 8-
 Exemption for Transport of Hazardous     7-209(a)(4) & 5, 8-7-224,
 Waste on Right-of-Ways on Contiguous     APC&E Reg. 23 Secs.  260.10
 Properties, [62 FR 6622] February 12,    ``Military Munition'',
 1997. (Checklist 156).                   261.2(a)(iii)(iv), 262.10(i),
                                          263.10(e) & (f),
                                          264.1(g)(8)(i)(D), (iv), and
                                          (i), 264.70, 264 Subsection
                                          EE, 265.1(c)(11)(i)(D), (iv),
                                          & (f), 265.70, 266.201-203,
                                          266.204-206,
                                          270.1(c)(3)(i)(D), and (iii)
                                          262.20(f), 266.205, 270.42(h)
                                          & (i), 265.1200, 265.1201(a),
                                          265.1201(a)(1)-(5),
                                          265.1201(b),
                                          265.1201(b)(1)(i),
                                          265.120(1)(ii)(A)-(C),
                                          265.1201(b)(2)-(3),
                                          265.1201(c)-(f), 265.1202(a)-
                                          (b), 266.200(a)-(b), and
                                          270.42(h), 270.42(h)(1)-(3),
                                          and 270.42(i), as amended
                                          February 25, 2000 effective
                                          May 20, 2000.
53. Land Disposal Restrictions--Phase    A.C.A. Secs.  8-7-209(a)(4)-
 IV: Treatment Standards for Wood         (5), 8-7-209(6), 10, & 11, 8-7-
 Preserving Wastes, Paperwork Reduction   202(2), 8-7-218(b)(2), 8-7-
 and Streamlining, Exemptions From RCRA   218(c), 8-7-303(1) & 8-7-
 for Certain Processed Materials; and     308(4), APC&E Reg. 23 Sec.
 Miscellaneous Hazardous Waste            262.30(a)-(e), 268.1(e)(4),
 Provisions, [62 FR 25998] May 12,        268.4(a)(2)(iv), 268.4(a)(4),
 1997. (Checklist 157).                   268.7(a)-(c)(2), 268.9(a),
                                          268.9(d)(1)(ii), 268.32,
                                          268.34-268.37, 268.44(o), 268
                                          Appendices I-III, VI, VIII &
                                          X, 268.42, Table 1, & 268.40;
                                          261.1(c)(9)-(12), 261.2(c),
                                          Table 1, 261.4(a)(13)-(14),
                                          261.4(14)(i)-(ii),
                                          261.69(a)(3)(ii), 268.1(e)
                                          intro-(e)(3), 268.7(a)(1)-(3),
                                          268.7(a)(i)-(ii), 268.7(a)(3)-
                                          (4), 268.7(a), table,
                                          268.7(a)(5), 268.7(a)(5)(i)-
                                          (iii), 268.7(a)(6)-(9),
                                          268.7(a)(9)(i)-(iv),
                                          268.7(a)(10), 268.7(b),
                                          268.7(b)(1)-(2), 268.7(b)(3)
                                          intro, 268.7(b)(3)(i)-(ii),
                                          268.7(b)(3)(ii), table,
                                          268.7(b)(4), 268.7(b)(4)(i)-
                                          (iii), 268.7(b)(4)-(6),
                                          268.7(c)(1)-(2), as amended
                                          February 25, 2000 effective
                                          May 20, 2000.
54. Hazardous Waste Management; System;  A.C.A. Secs.  8-7-209(a)(4),
 Testing and Monitoring Activities, [62   APC&E Reg. 23 Secs.
 FR 32452] June 13, 1997. (Checklist      260.11(a), 264.1034(d)(1)(iii)
 158).                                    & (f), 264.1063(d)(2), 264
                                          Appendix IX,
                                          265.1034(d)(1)(iii) and (f),
                                          265.1063(d)(2), 266.104(e)(1),
                                          266.106(g)(1) & (2) 266.107(f)
                                          & 266 Appendix IX; amended
                                          February 25, 2000 effective
                                          May 20, 2000.
55. Hazardous Waste Management System;   A.C.A. Secs.  8-7-209(a)(4), 8-
 Carbamate Production, Identification     7-211, APC&E Reg. 23 Secs.
 and Listing of Hazardous Waste; Land     261.32, 261.33(f), 261
 Disposal Restrictions, [62 FR 32974]     Appendices VII and VIII
 June 17, 1997. (Checklist 159).          268.39(a) and (d), 268.40;
                                          amended February 25, 2000
                                          effective May 20, 2000.
56. Land Disposal Restrictions Phase     A.C.A. Secs.  8-7-209(a)(5) and
 III--Emergency Extension of the K088     6, APC&EC Reg. 23 Sec.
 National Capacity Variance, [62 FR       262.39(c); amended February
 37694] July 14, 1997. (Checklist 160).   25, 2000 effective May 20,
                                          2000.
57. Second Emergency Revision of the     A.C.A. Secs.  8-7-209(a)(5) and
 Land Disposal Restrictions (LDR)         6, APC&EC Reg. 23 Sec.
 Treatment Standards for Listed           268.40(g), 268.48(a); amended
 Hazardous Wastes From Carbamate          February 25, 2000 effective
 Production, [62 FR 45568] August 28,     May 20, 2000.
 1997. (Checklist 161).
58. Clarification of Standards for       A.C.A. Secs.  8-7-209(a)(5)and
 Hazardous Waste LDR Treatment            6, APC&EC Regulation 23 Sec.
 Variances, [62 FR 64504] December 5,     268.44(a), 268.44(h), &
 1997. (Checklist 162).                   268.44(m); amended February
                                          25, 2000 effective May 20,
                                          2000.
59. Organic Air Emission Standards for   A.C.A. Secs.  8-7-209(10), 8-7-
 Tanks, Surface Impoundments, and         209(b)(1), 8-7-209(b)(1)(F), 8-
 Containers; Clarification and            7-303(1) & (2), 8-7-310(a)(1)
 Technical Amendment, [62 FR 64636]       & 2, 8-7-209(b), 8-7-210(d), 8-
 December 8, 1997. (Checklist 163).       7-218(c), 8-7-503(7), APC&E
                                          Regulation 23 Secs.
                                          262.34(a)(1)(i) & (ii), 264
                                          Subsection CC & 265 Subsection
                                          CC; amended February 25, 2000
                                          effective May 20, 2000.
60. Kraft Mill Steam Stripper            A.C.A. Secs.  8-7-209(a)(4),
 Condensate Exclusion, [63 FR 18504]      APC&EC Regulation 23 Sec.
 April 15, 1998. (Checklist 164).         261.4(a)(15); amended February
                                          25, 2000 effective May 20,
                                          2000.
61. Recycled Used Oil Management         A.C.A. Secs.  8-7-204(b), 8-7-
 Standards; Technical Correction and      205(1), 8-7-207, 8-7-
 Clarification, [63 FR 24963] May 6,      209(a)(1), (5), (6), (7), (8),
 1998. (Checklist 166).                   (10), & (12), 8-7-209(b)(5) &
                                          (6), 8-7-210(b), 8-7-212, 8-7-
                                          213, 8-7-214, APC&EC
                                          Regulation 23 Secs.  261.5(j),
                                          261.6(a)(3)(iv)(A)-(C), 279;
                                          amended February 25, 2000
                                          effective May 20, 2000.

[[Page 20044]]

 
62. Land Disposal Restrictions Phase     A.C.A. Secs.  8-7-209(a)(5) and
 IV--Treatment Standards for Metal        8-7-209(a)(6), APC&EC
 Wastes and Mineral Processing Wastes,    Regulation 23 Secs.  268.2(i),
 [63 FR 28556] May 26, 1998. (Checklist   268.3(d), 268.34, 268.40(e) &
 167 A).                                  (h), 268 Table of Treatment
                                          Standards, & 268.48; amended
                                          February 25, 2000.
63. Land Disposal Restrictions Phase     A.C.A. Secs.  8-7-209(b), 8-7-
 IV--Hazardous Soils Treatment            205(1), 8-7-207, 8-7-
 Standards and Exclusions, [63 FR         209(a)(1), (5), (6), (7), (8),
 28556] May 26, 1998. (Checklist 167 B).  (10), & (12), 8-7-209(b)(5) &
                                          (6), 8-7-210(b), 8-7-212, 8-7-
                                          213, 8-7-214, APC&EC
                                          Regulation 23 Secs.
                                          262.34(d)(4), 268.2(h) & (k),
                                          268.7(a)(1)-(6), 268.7(b)(1)-
                                          (3), 268.7(b)(4) intro &
                                          268.7(b)(iv), 268.7(e),
                                          268.9(d)(2), 268.9(d)(2)(i),
                                          268.44(h)(3)-(5) & 268.49;
                                          amended February 25, 2000.
64. Land Disposal Restrictions--Phase    A.C.A. Secs.  8-7-209(b), 8-7-
 IV--Corrections, [63 FR 28556] May 26,   205(1), 8-7-207, 8-7-
 1998. (Checklist 167 C).                 209(a)(1), (5), (6), (7), (8),
                                          (10), & (12), 8-7-209(b)(5) &
                                          (6), 8-7-210(b), 8-7-212, 8-7-
                                          213, 8-7-214, APC&E Regulation
                                          23 Secs.  268.4(a)(2)(ii) &
                                          (iii), 268.7(a)(7),
                                          268.7(b)(3)(ii) Table,
                                          268.7(b)(4)(iv)(v),
                                          268.7(b)(5) & (6), 268.40
                                          Table, 268.40(e), 268.42(e),
                                          268.42(a), 268.45(a),
                                          268.45(d)(3) & (4), 268.48, &
                                          268 Appendices VII & VIII; as
                                          amended February 25, 2000,
                                          effective May 20, 2000.
65. Bevill Exclusion Revisions and       A.C.A. Secs.  8-7-209(a)(4),
 Clarification, [63 FR 28556] May 26,     APC&E Regulation 23 Secs.
 1998. (Checklist 167 E).                 261.4(a)(16)(iii) & 261.38; as
                                          amended February 25, 2000,
                                          effective May 20, 2000.
66. Exclusion of Recycled Wood           A.C.A. Secs.  8-7-209(a)(4),
 Preserving Wastewaters, [63 FR 28556]    APC&E Regulation 23 Secs.
 May 26, 1998. (Checklist 167F).          261.4(a)(9)(iii); as amended
                                          February 25, 2000, effective
                                          May 20, 2000.
67. Hazardous Waste Combustors Revised   A.C.A. Secs.  8-7-209(a)(4),
 Standards, [63 FR 33782] June 19,        APC&E Regulation 23 Secs.
 1998. (Checklist 168).                   261.4(a)(16)(iii) & 261.38; as
                                          amended February 25, 2000,
                                          effective May 20, 2000.
68. Petroleum Refining Process Waste,    A.C.A. Secs.  8-7-209(a)(4),
 [63 FR 42110-42189] August 6, 1998.      APC&E Regulation 23 Secs.
 (Checklist 169).                         261.3(c)(2)(ii)(B),
                                          261.4(a)(12), 261.4(a)(18) &
                                          (19), 261.6(a)(3)(iv)(C) &
                                          (v), 261.31(a) &
                                          266.100(b)(3);
                                          261.3(a)(2)(iv)(C),
                                          261.3(c)(2)(ii)(B),
                                          261.3(c)(2)(ii)(E),
                                          261.4(a)(12)(i),
                                          261.4(12)(ii), 261.4(a)(18),
                                          261.4(a)(18)(i)-(ii),
                                          261.4(a)(19),
                                          261.6(a)(3)(iv)(C),
                                          261.6(a)(3)(v), 261.31(a), and
                                          266.100(b)(3), as amended
                                          February 25, 2000, effective
                                          May 20, 2000.
69. Land Disposal Restrictions Process-- A.C.A. Secs.  8-7-209(a)(5)and
 Phase IV, [63 FR 46332] August 31,       6, APC&EC Regulation 23 Sec.
 1998. (Checklist 170).                   268.40(i); as amended February
                                          25, 2000, effective May 20,
                                          2000.
70. Emergency Revisions of LDR           A.C.A. Secs.  8-7-209(a)(5) and
 Treatment Standards, [63 FR 47409]       8-7-209(a)(6), APC&EC
 September 4, 1998. (Checklist 171).      Regulation 23 Secs.  268.40(g)-
                                          (j), 268.40 Table, & 268.48(a)
                                          Table; as amended February 25,
                                          2000, effective May 20, 2000.
71. Emergency Revisions of LDR           A.C.A. Secs.  8-7-209(a)(5)and
 Treatment Standards, [63 FR 48124]       6, APC&EC Regulation 23 Sec.
 September 9, 1998. (Checklist 172).      268.34(b); as amended February
                                          25, 2000, effective May 20,
                                          2000.
72. Land Disposal Restrictions           A.C.A. Secs.  8-7-209(a)(5) and
 Treatment Standards (Spent Potliners),   6, APC&EC Regulation 23 Sec.
 [63 FR 51254] September 24, 1998.        268.40, Table of Treatment
 (Checklist 173).                         Standards; as amended February
                                          25, 2000, effective May 20,
                                          2000.
73. Standards Applicable to Owners and   A.C.A Secs.  8-7-204(b), 8-7-
 Operators of Closed/Closing              205(1), 8-7-207, 8-7-
 Facilities, [63 FR 56710] October 22,    209(a)(1), (5), (6), (7), (8),
 1998. (Checklist 174).                   (9), (10), & (12), 8-7-
                                          209(b)(5) & (6), 8-7-210(b), 8-
                                          7-212-218, 8-7-220-222, APC&EC
                                          Regulation 23 Secs.  270.14 &
                                          270.28; as amended February
                                          25, 2000, effective May 20,
                                          2000.
74. Hazardous Remediation Waste          A.C.A. Secs.  8-7-204(b), 8-7-
 Management Requirements (HWIR-Media),    205(1), 8-7-207, 8-7-
 [63 FR 65874] November 30, 1998.         209(a)(1), (5), (6), (7), (8),
 (Checklist 175).                         (10), & (12), 8-7-209(b)(5) &
                                          (6), 8-7-210(b), (5) & (6), 8-
                                          7-210(b), 8-7-212-218, 8-7-220-
                                          222, 8-7-505(3), 8-7-507, 8-7-
                                          508(a)(1) & (3), 8-7-5-11,
                                          APC&EC Regulation 23 Secs.
                                          260.10, 264.552(a),
                                          264.553(a), 270.2, 270.11(d),
                                          270.42, 270.68, 270.73(a) &
                                          270. Subsection H (270.79-
                                          270.230,23 261.4(g)intro,
                                          261.4(g)(1), 261.4(g)(2)
                                          intro, 261.4(g)(2)(ii)-(iii),
                                          264.1(j)(2)-(3),
                                          264.1(j)(3)(i)-(ii),
                                          264.1(j)(4)-(17), 264.101,
                                          264.554(b), 264.554(c) intro,
                                          264.554(c)(1)-(3), 264.554(d)
                                          intro, 264.554(d)(1)(i)-(iii),
                                          264.554(d)(2),
                                          264.554(d)(2)(i)-vi),
                                          264.554(e)intro,
                                          264.554(e)(1)(i)-(ii),
                                          264.554(e)(2),
                                          264.554(f)intro, 264.554(f)(1)-
                                          (3), 264.554(g)-(h),
                                          264.554(i)intro,
                                          264.554(i)(1),
                                          264.554(i)(1)((i)-(ii),
                                          264.554(i)(2), 264.554(j)
                                          intro, 264.554(j)91),
                                          264.554(j)(1)(i)-(iii),
                                          264.554(j)(2)-(3), 264.554(k)
                                          intro, 264.554(k)(1),-(2),
                                          264.554(1)-(2), 264.554(1)
                                          intro, 264.554(1)(1),
                                          264.554(1)(i)-(ii),
                                          264.554(1)(2)-(4), 264.554(m),
                                          as amended February 25, 2000,
                                          effective May 20, 2000.
75. Universal Waste Rule; Technical      A.C.A. Secs.  8-7-204(b), 8-7-
 Amendment, [63 FR 71225] December 24,    205(1), 8-7-207, 8-7-
 1998. (Checklist 176).                   209(a)(1), (5), (6), (7), (8),
                                          (10), & (12), 8-7-209(b)(5) &
                                          (6), 8-7-212-214, APC&EC
                                          Regulation 23 Secs.  260.10,
                                          261.5(c), 261.5(f)((3)(vi),
                                          261.5(g)((3)(vi), 261.9,
                                          262.10(b), 262.11(d),
                                          264.1(g)(11), 265,1(c)(14),
                                          261.9(a), 264.1(g)(11)(i ),
                                          265.1(c)(14)(i), 266.80(a),
                                          266.80(b), 268.1(f)(1),
                                          270.1(c)(2)(viii)(A),
                                          273.1(a)(1), 273.2, 268.1(f),
                                          270.1(c)(2)(viii)-(A),
                                          273.1(a)-(b), 273.5-6, 273.10-
                                          11-14, 273.13(a), 273.14(a),
                                          273.15-273.31, 273.32(a)(1) &
                                          (2), 273.32(b), 273.33(a),
                                          273.34, 273.34(a), 273.35-
                                          273.70; 264.1083(b)(1)(ii),
                                          264.1084(h)(3),
                                          264.1084(h)(3)(i)-(ii),
                                          264.1086(e)(6), and
                                          265.1080(b)(5), as amended
                                          February 25, 2000, effective
                                          May 20, 2000.
76. Organic Air Emission Standards, [64  A.C.A. Secs.  8-7-303(1) & (2),
 FR 3381] January 21, 1999. (Checklist    8-7-310(a)(1) & (2), 8-7-
 177).                                    310(a)(1) & (2), 8-7-209(b), 8-
                                          7-210(d), 8-7-218(c), 8-7-
                                          503(7), APC&EC Regulation 23
                                          262.34(a)(1)(9)(i) & (ii),264,
                                          Subsection CC, & 265,
                                          Subsection, CC;
                                          262.34(a)(1)(i)-(ii), as
                                          amended February 25, 2000,
                                          effective May 20, 2000.
77. Petroleum Refining Process Wastes,   A.C.A. Secs.  8-7-209(a)(4),
 [64 FR 6806] February 11, 1999.          APC&EC Regulation 23 Sec.
 (Checklist 178).                         261.4(b)(15); as amended
                                          February 25, 2000, effective
                                          May 20, 2000.

[[Page 20045]]

 
78. Land Disposal Restrictions Phase IV- A.C.A. Secs.  8-7-209(b), 8-7-
 Technical Corrections and                205(1), 8-7-207, 8-7-
 Clarifications to Treatment Standards,   209(a)(1), (5), (6), (7), (8),
 [64 FR 25408] May 11, 1999. (Checklist   (10), & (12), 8-7-209(b)(5) &
 179).                                    (6), 8-7-210(b), 8-7-212, 8-7-
                                          213, 8-7-214, APC&EC
                                          Regulation 23 Secs.
                                          262.34(d)(4), 268.2(h) & (k),
                                          268.7(a)(1)-(6), 268.7(b)(1)-
                                          (3), 268.7(b)(4) intro &
                                          (b)(iv), 268.7(e),
                                          268.9(d)(2), 268.9(d)(2)(i),
                                          268.44(h)(3)-(5) & 268.49;
                                          268.4(a)(2)(ii)&(iii),
                                          268.7(a)(7), 268.7(b)(3)(ii)
                                          Table, 268.7(b)(4)(iv)(v),
                                          268.7(b)(5)&(6), 268.40 Table,
                                          268.40(e), 268.42(e),
                                          268.42(a), 268.45(a),
                                          268.45(d)(3)&(4), 268.48, &
                                          268 Appendices VII & VIII; as
                                          amended February 25, 2000.
79. Test procedures for the Analysis of  A.C.A. Secs.  8-7-209(a)(4),
 Oil and Grease and Non-Polar Material,   APC&EC Regulation 23 Sec.
 [64 FR 26315] May 14, 1999. (Checklist   260.11(a)(11) & 260.11(a)(16);
 180).                                    as amended February 25, 2000,
                                          effective May 20, 2000.
80. Universal Waste Rule, [64 FR 36466]  A.C.A. Secs.  8-7-209(b), 8-7-
 July 6, 1999. (Checklist 181).           205(1), 8-7-207, 8-7-
                                          209(a)(1), (5)-(10) & (12), 8-
                                          7-209(b)(5) & (6), 8-7-210(b),
                                          8-7-212-214, APC&EC Regulation
                                          23 Secs.  260.10, 261.9(b)(d),
                                          264.1(g)(11)(ii)-(iv),
                                          265.1(c)(14)(ii)-(iv),
                                          268.1(f)(2)-(4), 273.1(a)(2)-
                                          (4), 270.1(c)(2)(viii)(B)-(D),
                                          273.1(a)(2)-(4), 273.2(a)(1),
                                          273.2(b)(2) & (3), 273.2(a),
                                          273.4(a), 273.5-273.10,
                                          273.13(d), 273.14(e) & 273.30;
                                          as amended February 25, 2000,
                                          effective May 20, 2000.
------------------------------------------------------------------------

E. What Is the Relationship Between the Resource Conservation and 
Recovery Act and the Hazardous Waste Combustor MACT? How Does This 
Affect Delegation of This Standard to Arkansas Department of 
Environmental Quality's Authorization?

    In this authorization document, the State of Arkansas is also 
seeking authorization for the Post-Closure Permit Requirement and 
Closure Process, (Checklist 174). On September 30, 1999, the EPA 
finalized the National Emission Standards for Hazardous Air Pollutants 
(NESHAP) for three categories waste combustors (HWCs): incinerators, 
cement kilns and light-weight aggregate kilns (64 FR 52828). The EPA 
promulgated this rule under joint authority of the Clean Air Act (CAA) 
and (RCRA). Before this rule went into effect, the air emissions from 
these three types of HWCs were primarily regulated under the authority 
of RCRA (see 40 CFR parts 264, 265, 266, and 270). However, with the 
release of the final HWC NESHAP (see 40 CFR part 63 subpart EEE), the 
air emissions from these sources are now regulated under RCRA and the 
CAA. Even though both statutes give us the authority to regulate these 
emissions, we determined that having emissions standards and permitting 
requirements in both sets of implementing regulations would be 
duplicative. For this reason, using the authority provided by section 
1006(b) of RCRA, we deferred the RCRA requirements for HWC emission 
controls to the CAA requirements of 40 CFR part 63 subpart EEE.
    Therefore, with today's authorization of the State of Arkansas for 
the RCRA provisions of the September 30, 1999, HWC NESHAP rule, the 
RCRA waste management standards for air emissions from these units will 
no longer apply after the facility has demonstrated compliance with 40 
CFR part 63 subpart EEE. One notable exception concerns section 
3005(c)(3) of RCRA, which requires that each RCRA permits contain the 
terms and conditions necessary to protect human health and the 
environment. Under this provision of RCRA, if a regulatory authority 
determines that more stringent conditions than the HWC NESHAP are 
necessary to protect human health and environment for a particular 
facility, then the regulatory authority may impose those conditions in 
the facility's RCRA permit. (See the HWC MACT rule preamble discussion 
on the interrelationship of the MACT rule with the RCRA Omnibus 
provision and site specific risk assessment at (64 FR 52828, pages 
52839-52843, September 30, 1999, and RCRA Site-Specific Risk Assessment 
Policy for Hazardous Waste Combustion Facilities dated June, 2000, for 
more information.

F. What Decisions Have We Made?

    We conclude that Arkansas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, Arkansas is granted final authorization 
to operate its hazardous waste program as revised, assuming no adverse 
comments are received as discussed above. Upon effective final 
approval, Arkansas will be responsible for permitting treatment, 
storage, and disposal facilities within its borders (except in Indian 
Country) and for carrying out the aspects of the RCRA program described 
in its revised program application, subject to the limitations of the 
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Arkansas, including 
issuing permits, until the State is granted authorization to do so.

G. How Do the Revised State Rules Differ From the Federal Rules ?

    On April 1994, Arkansas Department of Pollution Control and Ecology 
(ADPC&E), revised its Regulation Number 23 from one of ``incorporation 
by reference'' to the adoption and incorporation of a version of the 
full text of the Federal regulatory language. The last authorization 
that was granted to the State of Arkansas was RCRA Cluster II in 1994 
which at that the State incorporated by reference. Since the verbatim 
adoption, the following regulations are different from the Federal 
regulations that were incorporated in the State's Program description 
submitted with clusters III through IX with one Checklist 181 in 
cluster X.

Areas Where the State program Is More Stringent

     Arkansas has enacted several requirements under its 
hazardous waste management program which are either in addition to, 
more stringent than, or broader in scope than the minimum standards of 
the Federal RCRA program set forth in 40 CFR Parts 260-279. These 
additional State requirements are set forth in the Arkansas Regulation 
No 23 Sections 1-6 and Sections 18-30, and appear in Sections 260-279 
in italicized in Arkansas Reg No 23 are typed to distinguish them from 
the adopted Federal language. The following State requirements are more 
stringent than the corresponding Federal regulation. The reader is 
referred to the appropriate Statement of the Independent Legal Counsel 
in the authorization application for the specific Cluster for detailed

[[Page 20046]]

discussion of the significance of these differences.
     In the definition of ``Existing hazardous waste management 
(HWM) facility'', the deadline for the operation or construction of a 
facility to be included in this definition is 20 months earlier than 
the date set in the Federal regulations. Thus, more facilities are 
subject to the more stringent requirements for new facilities than is 
the case under the Federal requirements.
     Regulation No. 23 Sec. 262.13(g) requires that all 
generators of hazardous wastes newly characterized as Toxicity 
Characteristic wastes must notify the Department even if they have 
previously notified the Department of other hazardous waste activity. 
The Federal program does not have an analogous requirement, making the 
State requirement more stringent.
     Arkansas does not have an analog to Sec. 262.20(e) which 
allows generators under certain specified conditions (e.g., tolling 
arrangements) not to be subject to the manifest requirements. This 
difference makes the State provisions more stringent than their Federal 
counterparts.
     Regulation No. 23 Sec. 262.21(d) requires the use of the 
Arkansas version of the uniform manifest form; the use of the generic 
uniform manifest is not allowed.
     Regulation No. 23 Sec. 262.24 contains additional 
requirements for generators not found in the Federal program including 
(1) submitting documentation that a weight difference of more than 10% 
between the initial and final weights on a manifest has been resolved 
between the generator and the treatment, storage, and disposal facility 
(TSDF). Under the Federal requirements only the TSDF has to submit such 
documentation, and (2) submitting a discrepancy report as per the 
criteria defined by the State's counterpart to Sec. 265.72. Under the 
Federal program, only the TSDF has to submit this report.
     Regulation No. 23 Sec. 262.35 contains more stringent 
management requirements for conditionally-exempt small quantity 
generators.
     Regulation No. 23 Sec. 262.41 requires that generators 
submit annual rather than biennial reports. This is a more stringent 
requirement.
     Under Regulation No. 23 Sec. 262.41(e), Arkansas provision 
is more stringent in that a generator must report accumulated wastes in 
addition to stored wastes. Under the Federal program, only stored 
wastes must be reported.
     Arkansas does not have an analog to Sec. 262.44 which 
subjects generators of between 100 and 1000 kg per month to reduced 
recordkeeping requirements. This difference makes the State program 
more stringent than the Federal program.
     Regulation No. 23 Sec. 262.50(c) requires that a copy of 
all export notifications and manifests that are submitted to EPA be 
also submitted to the Department. This is a more stringent requirement.
     Reg. No. 23 Sec. 260.10, definition of ``commingling'' 
prohibits transporters from commingling wastes in any manner that 
constitutes treatment.
     Reg. No. Sec. 263.11(c) requires that each transfer 
facility obtain an EPA identification number. This difference makes the 
State's provisions more stringent than the Federal program.
     Arkansas has several specific authorities which relate to 
siting of hazardous waste management facilities. A.C.A. Sec. 8-7-223 
specifically prohibits a landfill disposal facility from being located 
within one-half mile of any occupied dwelling unless the applicant can 
demonstrate and the Department finds that a lesser distance will 
provide an adequate margin of safety under normal operating conditions. 
Likewise, A.C.A. Sec. 8-6-1504 (in the Arkansas Environmental Equity 
Act (Act 1263 of 1993)) establishes a rebuttable presumption against 
siting any ``high impact solid waste management facility'' within 12 
mile radius of any other such facility. The definition of a high impact 
solid waste management facility includes all commercial hazardous waste 
incinerators and commercial hazardous waste treatment, storage, or 
disposal facilities.
     Reg. No. 23 Sec. 264.16(f) has no Federal counterpart and 
requires that at least one person certified by the State be on duty at 
all times before a commercial hazardous waste treatment, storage, or 
disposal facility will be permitted to operate. Certified persons must 
meet certain qualifications including physical capability; a B.S. 
degree or equivalent related experience in engineering, physical 
science, health sciences or related disciplines; familiarity with 
principles of industrial operation; and be a U.S. citizen. Facilities 
must also maintain records of employees, provide personnel training and 
review and require annual health physicals. These provisions make the 
Arkansas program more stringent than the Federal program.
     Reg. No. 23 Sec. 264.18(d)-(i) have no Federal counterpart 
and state that treatment, storage, and disposal facilities will not be 
permitted in an active fault zone, regulatory floodway, 100-year 
floodplain, recharge zone or wetland area unless it can be proven that 
there is no risk to public health or the environment. Facilities 
located within an area containing geologic or pedologic factors will 
not be permitted nor will any facility located within one half mile of 
an occupied dwelling, school or hospital. These provisions are more 
stringent than the Federal location requirements at 40 CFR 264.18.
     Reg. No. 23 Secs. 264.19(a), 264.115 and 264.120 restrict 
the engineers who can develop and implement a CQA to those registered 
in Arkansas. The Federal regulations allow registration in any State. 
This difference makes the State more stringent.
     Reg. No. 23 Sec. 264.20 has no Federal counterpart and 
contains performance standards that are specific to Arkansas. These 
standards make the State more stringent.
     Reg. No. 23 Sec. 264.75 requires that facilities submit 
annual rather than biennial reports. This difference makes the State 
program more stringent than the Federal program.
     Reg. No. 23 Sec. 264.75(i) requires annual submission of 
groundwater monitoring data. Under the Federal requirements, these data 
must only be submitted by interim status facilities. This difference 
makes the Arkansas program more stringent than the Federal program.
     Reg. No. 23 Sec. 264.175(b)(2) has no Federal counterpart 
and requires an impermeable coating on all surfaces of the secondary 
containment structure for container storage areas. This difference 
makes Arkansas' program more stringent than the Federal program.
     Reg. No. 23 Secs. 264.191 through 264.193 restrict those 
engineers who can inspect or certify a tank system's integrity to those 
registered in Arkansas. The Federal requirements allow registration in 
any State. Arkansas is therefore more stringent.
     Reg. No. 23 Sec. 264.571(b) requires that for immediate 
protection of the environment, all existing drip pads must have an 
impermeable coating or cover in place not later than September 30, 
1995. This requirement is more stringent than its Federal counterpart.
     Reg. No. 23 Secs. 264.571(a)-(c) and 264.573(m)(3) 
restrict engineers who can certify a drip pad's integrity or completed 
repairs to those registered in Arkansas. The Federal counterparts allow 
engineers to certify that are registered in any state. This difference 
makes the State's program more stringent.
     Reg. No. 23 Secs. 264.573(a)(4)(i) states that penetrating 
sealants are not adequate to meet the coating or cover requirements for 
drip pads. The Federal

[[Page 20047]]

requirements do not have this restriction; therefore, the State 
requirement is more stringent.
     Reg. No. 23 Sec. 264.601(d)&(e) have no Federal 
counterpart and prohibit open burning or detonation of hazardous wastes 
on unprotected ground. Open burning or open detonation may only be 
conducted in or on an elevated containment device which will prevent 
leaching or migration of waste. Prior to open burning or detonation, a 
RCRA permit must be obtained and it must be demonstrated that no other 
feasible alternative is available. These requirements are consistent 
with Federal requirements at 40 CFR part 264, subpart X. However, the 
required demonstration that there are no other feasible alternatives is 
a more stringent provision.
     Reg. No. 23 Sec. 264.1101(c)(2) & (c)(3)(iii) restrict the 
engineers who can certify a containment design or completed repairs to 
those registered in Arkansas. Under the Federal requirements the 
engineer can be registered in any state.
     Because Arkansas law does not distinguish between 
corrective action on-site and off-site, demonstration of financial 
responsibility is required for corrective action wherever it is needed.
     Arkansas allows existing facilities to continue operation 
only if the facility was in existence on March 14, 1979, and submitted 
an initial State application form to the Department by September 14, 
1979. A.C.A.Sec. 8-7-216 requires that an initial State application for 
interim status be submitted to the Department by September 14, 1979. 
Thus, Arkansas has a more stringent form of interim status.
     Reg. No. 23 Sec. 265.75 requires that facilities submit 
annual rather than biennial reports. This difference makes the State 
program more stringent than the Federal program.
     Reg. No. 23 Secs. 265.143(h), 265.143(h) and 265.147(e) 
require that the engineer who certified closure be registered in 
Arkansas. Under the Federal requirements, the engineer may be 
registered in any state.
     Reg. No. 23 Secs. 265.191 through 265.193, 265.196(f) and 
265.280(e) restrict those engineers who can inspect or certify a tank 
system's integrity to those registered in Arkansas. The Federal 
requirements allow registration in any State. Arkansas is therefore 
more stringent.
     Reg. No. 23 Secs. 265.441(a) and (c), 265.443(g) and 
(m)(3) and 265.444(a) restrict engineers who can certify a drip pad's 
integrity or completed repairs to those registered in Arkansas. The 
Federal counterparts allow engineers to certify that are registered in 
any state. This difference makes the State's program more stringent.
     Reg. No. 23 Sec. 265.441(b) requires that for immediate 
protection of the environment, all existing drip pads must have an 
impermeable coating or cover in place not later than September 30, 
1995. This requirement is more stringent than its Federal counterpart.
     Reg. No. 23 Sec. 265.443(a)(4)(i) states that penetrating 
sealants are not adequate to meet the coating or cover requirements for 
drip pads. The Federal requirements do not have this restriction; 
therefore, the State's provision is more stringent.
     Reg. No. 23 Sec. 265.1101(c)(2) and (c)(3)(iii) restrict 
the engineers who can certify a containment design or completed repairs 
to those registered in Arkansas. Under the Federal requirements the 
engineer can be registered in any state.
     At Reg. No. Sec. 270.2 ``existing hazardous waste 
management facility'', the date to qualify for interim status is prior 
to the corresponding Federal date. This difference makes the state more 
stringent because fewer facilities qualify for the interim status 
requirements.
     Reg. No. 23 Sec. 270.7 has no direct analog in the Federal 
requirements and includes additional requirement relative to permit 
application. Some of the requirements are a restatement of the Federal 
requirements, but others are additional demonstrations which must be 
made or information which must be provided. Included are such things as 
evidence that the contingency plan has been developed in consultation 
with the fire department, the Mayor/City Manager/County Judge in the 
municipality/county in which the facility is to be located; provision 
of contracts, agreements, and such other documentation to demonstrate 
that the waste which will be disposed of is waste which resulted from 
the treatment of waste to the full extent of known technology and 
economics or is waste for which there is no technically and 
economically feasible means of treatment available; demonstration of 
full fee ownership of lands and all mineral rights; location and places 
where public notice must be made; proof of public notice of application 
submission prior to any permit decision; written notice to all 
landholders and tenants of property contiguous to the proposed or 
existing facility; evidence of good faith effort to contact all 
contiguous landholders; and permittee must submit as part of the annual 
permit review process a plat of any landfill disposal area in which 
waste has been disposed. These requirements make the state's provision 
more stringent.
     Reg. No. 23 Sec. 270.10(e)(1) requires that any facility 
in existence on March 14, 1979, submit a permit application on or 
before September 4, 1979. The State requirement is more stringent 
because if the application was not submitted to the Department as 
required under the State Act, the facility is not eligible for interim 
status.
     Under Reg. No. 23 Sec. 270.10(e)(8), Arkansas can take 
immediate enforcement action relative to an application deficiency; 
whereas the Federal requirements allow 30 days to fix the application. 
This difference makes the state's requirement more stringent.
     Reg. No. 23 Sec. 270.13(o), which does not have a Federal 
analog, requires disclosure information to be submitted as part of the 
permit application. A.C.A. Sec. 8-1-106(b) provides the State with the 
authority to require this information. This requirement makes Arkansas 
more stringent than the Federal program.
     Reg. No. 23 Secs. 270.14(a), 270.16(a), 270.26(c)(15) and 
270.30(l)(2)(i) are more stringent because they restrict those 
registered professional engineers who can certify certain technical 
data those who are registered in Arkansas. The Federal requirements 
allow the engineer to be registered in any state.
     In Reg. No. 23 Sec. 270.19(d), Arkansas uses ``may'' 
rather than ``shall'' giving the Director the discretion for non-
approval. The Administrator does not have this discretion making the 
State more stringent.
     Reg. No. 23 Sec. 270.30(l)(9) requires an annual rather 
than a biennial report.
     Reg. No. 23 Sec. 270.34, which does not have a Federal 
analog, requires that a survey be conducted by any appropriate health 
agency to establish baseline health data. In addition, the state 
requires that if emissions from any hazardous waste management facility 
are related to disease etiology, the Department shall conduct pertinent 
epidemiologic investigation. This requirement makes the state more 
stringent.
     At Reg. No. 23 Sec. 270.70(b), the analog to 40 CFR 
270.70(b), Arkansas does not allow the owner/operator 30 days to 
explain or correct a deficiency. This difference makes the state more 
stringent.
     Reg. 23 Sec. 273.5(b)(3) specifically excludes broken and 
crushed lamps as well as the debris from broken or crushed lamps from 
being managed under the universal waste program.
     Arkansas requires that used oil handlers use the State's 
Notification of

[[Page 20048]]

Regulated Waste Activity form to obtain an EPA identification number; 
requests via an ordinary letter are not accepted.
     Used oil transporters, processors, re-refiners, burners, 
and marketers who have previously obtained an EPA identification number 
must renotify in order to register their used oil activities with the 
Department.
     At Regulation No. 23 Sec. 279.82, used oil used as a dust 
suppressant may not exhibit any characteristic of a hazardous waste, 
and such use must prevent the oil or any component of the oil from 
entering any waters of the State.

Areas Where the State Program Is Broader in Scope

    The following State requirements are broader in scope than the 
corresponding Federal regulation. The reader is referred to the 
appropriate Statement of the Independent Legal Counsel in the 
authorization application for the specific Cluster for detailed 
discussion of the significance of these differences.
     Reg 23 Sec. 6(n), (o), (p), and (q) establishes an annual 
monitoring and inspection fee for fully-regulated and small quantity 
generators; Sec. 25 establishes an annual fee on hazardous waste 
generation.
     Regulation No. 23 Secs. 262.13(d) and 262.24(e) require 
that generators give their wastes only to permitted transporters, 
because Arkansas requires that transporters be permitted by the 
Arkansas Highway Police. This is a broader in scope provision.
     Reg. No. 23 Secs. 263.10(d) and 263.13 require that any 
person transporting hazardous waste in, from or through Arkansas must 
have a permit from the Arkansas Highway Police. Sec. 263.13 outlines 
the specific requirements for this permit. This difference makes the 
State's program broader in scope than the Federal program. A.C.A 
Sec. 8-7-209(a)(6) provides the authority to require such permits.
     In addition to the notification requirements found at 40 
CFR 263.30(c)(1)&(2), Arkansas requires immediate notice to the 
Arkansas State Police and the principal officer or designated contact 
for the transporter.
     Reg. No. 23 Sec. 263.30(c)(4) requires that copies of 
reports required by the U.S. Department of Transportation and the 
National Response Center be sent simultaneously to ADEQ.
     Reg. No. 23 Sec. 6(a)-(n), (t), (u), (w), (x), and (z) 
establish a fee system for hazardous waste permitting and related 
activities; Sec. 25 establishes an annual fee for treatment, storage, 
or disposal of out-of-state waste.
     Reg. No. 23 Sec. 264.71(e) has no Federal counterpart and 
requires notification to the State of unpermitted transporters arriving 
at a transport, storage and disposal( TSD) facility, because all 
persons who transport hazardous waste in, from or through Arkansas must 
have a permit. This provision makes the State's program broader in 
scope.
     State corrective action authority covers hazardous 
substances (including petroleum and petroleum-based products), rather 
than only hazardous wastes and hazardous constituents as prescribed by 
Federal law. Thus, State authorities are broader in scope in this 
regard than the Federal program's. (See A.C.A. Sec. 8-7-502, Sec. 8-7-
503(12), Sec. 8-7-508(a)(1).)
     Reg. No. 23 Sec. 265.71(e) has no Federal counterpart and 
requires notification to the State of unpermitted transporters arriving 
at a TSD facility, because all persons who transport hazardous waste 
in, from or through Arkansas must have a permit. This provision makes 
the State's program broader in scope.
     Fees are required by A.C.A. Sec. 8-7-226 and Reg. No 23, 
Section 6 for permitting. This requirement is broader in scope because 
there is no direct Federal analog addressing permit fees.
     Arkansas distinguishes between commercial and non-
commercial waste activities in setting its permit fee schedule.

Areas Where the State Program Differs From the Federal Program

     Arkansas does not provide for a State delisting program. 
To delist a waste in Arkansas, an applicant must first complete the 
process to obtain a final delisting decision from the EPA 
Administrator. Once a final federal delisting decision has been 
published in the Federal Register, it is not effective in Arkansas 
until the Arkansas Pollution Control and Ecology Commission completes 
rulemaking to approve and incorporate the federal decision in 
Regulation No. 23.
     Reg. No. 23 Sec. 264.13(a)(1) provides that the analysis 
must, at a minimum, include a detailed waste characterization by a 
commercial facility for at least 10% of the waste handled for each 
large quantity generator shipping to the facility. The Federal 
requirements at 40 CFR 264.13(a) do not contain this specification; 
however, this additional State requirement is consistent with the 
Federal requirements.
     Reg. No. 23 Sec. 265.13(a)(1) provides that the analysis 
must at a minimum include a detailed waste characterization by a 
commercial facility for at least 10 % of the waste handled for each 
large quantity generator shipping to the facility. The Federal 
requirements at 40 CFR 265.13(a) do not contain this specification; 
however, this requirement is consistent with the Federal requirements.
     Arkansas does not include an analog to the HSWA provision 
at 40 CFR 270.10(e)(1)(iii) because the date has passed and the Federal 
date overrides.
     Reg. No. 23 Sec. 270.12 contains state- and program-
specific requirements for the submittal and handling of confidential 
business information in conjunction with permit applications and 
processing.

  General Comparison Between Arkansas's Hazardous Waste Regulations and
                         the Federal Regulations
------------------------------------------------------------------------
    EPA regulation: Code of
 Federal Regulations (40 CFR)    State regulation       Description
------------------------------------------------------------------------
No analogous provisions.......  Reg. 23 Sec.  1..  Authorities.
No analogous provisions.......  Reg. 23 Sec.  2..  Violations.
No analogous provisions.......  Reg. 23 Sec.  3..  Amendments and
                                                    Updates.
No analogous provisions.......  Reg. 23 Sec.  4..  Conflict of Interest.
No analogous provisions.......  Reg. 23 Sec.  6..  Permit and
                                                    Administrative Fees.
PART 260......................  Reg. 23 Sec.  260  Hazardous Waste
                                                    Management System:
                                                    General.
PART 261......................  Reg. 23 Sec.  261  Identification and
                                                    Listing of Hazardous
                                                    Waste.
PART 262......................  Reg. 23 Sec.  262  Standards Applicable
                                                    to Generators of
                                                    Hazardous Waste.
PART 263......................  Reg. 23 Sec.  263  Standards Applicable
                                                    to Transporters of
                                                    Hazardous Waste.

[[Page 20049]]

 
PART 264......................  Reg. 23 Sec.  264  Standards for Owners
                                                    and Operators of
                                                    Hazardous Waste
                                                    Treatment, Storage,
                                                    and Disposal
                                                    Facilities.
PART 265......................  Reg. 23 Sec.  265  Interim Status
                                                    Standards for Owners
                                                    and Operators of
                                                    Hazardous Waste
                                                    Treatment, Storage,
                                                    and Disposal
                                                    Facilities.
PART 266......................  Reg. 23 Sec.  266  Standards for the
                                                    Management of
                                                    Specific Hazardous
                                                    Wastes and Specific
                                                    Types of Hazardous
                                                    Waste Management
                                                    Facilities.
PART 268......................  Reg. 23 Sec.  268  Land Disposal
                                                    Restrictions.
PART 270/124..................  Reg. 23 Sec.  270  The Hazardous Waste
                                                    Permit Program.
PART 273......................  Reg. 23 Sec.  273  Standards for
                                                    Universal Waste
                                                    Management.
PART 279......................  Reg. 23 Sec.  279  Standards for the
                                                    Management of Used
                                                    Oil.
No analogous provisions.......  Reg. 23 Sec.  19.  Effect of Federal
                                                    Regulations.
No analogous provisions.......  Reg. 23 Sec.  20.  Authority to Enter
                                                    into Memoranda of
                                                    Agreement.
No analogous provisions.......  Reg. 23 Sec.  21.  Definitions:
                                                    Memoranda of
                                                    Agreement.
No analogous provisions.......  Reg. 23 Sec.  22.  State/EPA Memorandum
                                                    of Agreement.
No analogous provisions.......  Reg. 23 Sec.  23.  Authority: Remedial
                                                    Actions Trust Fund.
No analogous provisions.......  Reg. 23 Sec.  24.  Remedial Action
                                                    Revolving Loans.
No analogous provisions.......  Reg. 23 Sec.  25.  Fees on the
                                                    Generation of
                                                    Hazardous Waste.
No analogous provisions.......  Reg. 23 Sec.  26.  Criteria for Listing
                                                    Hazardous Substance
                                                    Sites.
No analogous provisions.......  Reg. 23 Sec.  27.  Remedial Action Trust
                                                    Fund Priority List.
No analogous provisions.......  Reg. 23 Sec.  28.  Penalty Policy and
                                                    Administrative
                                                    Procedures.
No analogous provisions.......  Reg. 23 Sec.  29.  Severability.
No analogous provisions.......  Reg. 23 Sec.  30.  Effective Date.
------------------------------------------------------------------------

    In the Consolidated Independent Counsel's Statement for RCRA 
Clusters III, through IX and Checklist 181 in RCRA Cluster X (Universal 
Waste Rule; Specific Provisions for Lamps ), the EPA considered the 
following State requirement to be more stringent than the Federal: 
Under Checklist 118 Liquids in Landfills, at State citation 364.314(a), 
264.314(d), 265.314(a), & 265.314(c) which is the counterpart to the 
Federal citation, the State is more stringent because it prohibits the 
disposal of any liquids in hazardous waste landfills in lieu of the 
provisions of 40 CFR 364.314(a), 264.314(d), 265.314(a), & 265.314(c). 
The State citations 264.571(b), 264.573(a)(4)(i)-(ii), 265.441(a)-(b), 
265.443(a)(4)(i)-(ii), the State has retained several more stringent 
requirements for drip pad construction, specifically a requirement to 
provide all existing drip pads with a impermeable coating prior to 
September 30, 1995 and a prohibition against using penetrating sealants 
to meet any requirements for an impermeable coating. Checklist 137 
(Universal Treatment Standards and Treatment Standards for Organic 
Toxicity Characteristic Wastes and Newly Listed Wastes), the State 
requirements are equivalent to those of the Federal regulations with 
the exception of the provisions of 40 CFR 268.7(a)(10), which provides 
an exemption for wastes managed under tolling arrangements as provided 
under 40 CFR 262.20(e). Arkansas does not allow the exemptions provided 
under this federal rule, and thus , does not exempt the wastes listed 
at 40 CFR 268.7(a)(10). Therefore the State's regulation at 
Sec. 268.7(a)(10) is more stringent than the Federal rule.
    Under RCRA Expanded Public Participation (checklist 148), the 
requirements set forth at 40 CFR 124.31(a) have been adopted and 
incorporated into the previous State requirements for public 
participation in the permit process at Regulation No. 23 Sec. 270.7. 
State requirements are generally equivalent to the Federal regulations 
with the following exception: Pursuant to A.C.A. Sec. 8-7-217 Arkansas 
requires that a public notice be published ``in the largest newspaper 
published in the county in which a facility or facilities are located 
or proposed to be located, as well as published in the largest 
newspaper published in the adjoining counties.'' This provision makes 
the State requirement more stringent, as the Federal regulation simply 
specifies a display newspaper advertisement. Arkansas requires 
additional information to be submitted along with the description and 
location of the facility. This provision makes the State requirement 
broader in scope. At Sec. 270.7(e)(2)(i), Regulation 23 requires the 
facility owner/operate to publish the public notice and then provide 
proof of such notice (a copy of the notice(s) along with a statement 
from the newspaper(s) listing when the advertisements run, and a copy 
of the paid receipt for the advertisements to the Director as part of 
the permit application. This provision makes the State requirements 
more stringent. In the same manner as above, Regulation 23 
Sec. 270.62(b)(6) and Sec. 270.66(d)(3) require the owner/operator to 
provide public notice of the trial burn and provide proof of notice to 
the Director, instead of this notice being published by the Department. 
A.C.A Sec. 8-4-203(d), Regulation No. 8 Secs. 2.14(c) and 2.1.5(c), and 
Regulation No. 23 Sec. 6(z) require that the costs of public notices be 
paid by the permit applicant, example the facility owner/operator. The 
mechanism for this process is that the Department drafts or approves) 
the public notice, for which the facility owner/operator arranges for 
publication and subsequently provides the Department with a copy of the 
published notice and proof of payment for publication costs for 
inclusion in the administrative record. This provision makes the State 
requirements more stringent.
    The EPA considered the following State regulations to be broader in 
scope than the Federal regulations from the Consolidated Independent 
Counsel's Statement submitted for RCRA Clusters III through IX 
including Checklist 181, a portion of RCRA Cluster X. Regarding 
Checklist 121 (Corrective Action Management Units (CAMU)) which is 
included in this authorization application, the State of Arkansas'

[[Page 20050]]

definition of ``Facility'' when it comes to CAMU is considered 
consistent and equivalent with the federal definition with the 
exception of the State's Remedial Action Trust Fund (RATFA) A.C.A. 
Sections 8-7-501 et.al. which is included in the State's definition of 
facility. Sections 8-7-212, and 8 -7-214 are not considered by EPA to 
be part of the federally authorized RCRA program because those 
provisions are discretional dealing with site-specific management 
standards.
    EPA is approving as part of the State of Arkansas' authorized RCRA 
program provision A.C.A 8-7-508(a)(1) of the Remedial Action Trust Fund 
Act of 1985 (RATFA). This provision provides that:

    Upon finding that a hazardous substance exists or may exist, the 
[ADEQ] may, upon reasonable notice and after opportunity for 
hearing, issue an order to any person liable for the site under 
[A.C.A] 8-7-512, if that person caused or contributed to the release 
or threatened release of hazardous substances at the site. This 
order shall require that such remedial action be taken as necessary 
to investigate, control, prevent, abate, treat, or contain any 
releases of or threatened releases of hazardous substances from the 
site.

    EPA is approving this provision of RATFA so that Arkansas can 
``assert without challenge the specific HSWA requirements in RCRA 
Section 3004(u) which call for authority to assure that permits issued 
after 11/8/84 require corrective action for releases of hazardous waste 
or hazardous constituents from any solid waste management unit at a 
facility, regardless of when the waste was placed in the unit''.\1\ 
(Emphasis is in the original of the Independent Counsel's Statement, 
see pages 12 through 13 of the Statement.) Arkansas also cites to the 
same provision in RATFA in order to have an equivalent provision to 
RCRA 3004(v). EPA is also approving any other provision of RATFA 
necessary to effectuate the implementation of A.C.A 8-7-508(a)(1) of 
RATFA. EPA notes that A.C.A 8-7-508(a)(1) provides for the issuance of 
orders and not permits, ADEQ has explained in its Independent Counsel 
Statement how State law allows this provision to be used as authority 
to write RCRA corrective action permit terms. EPA is relying on the 
accuracy of this legal analysis in finding that Arkansas has equivalent 
provisions to RCRA 3004(u) and (v). EPA is approving this provision of 
RATFA as an equivalent permitting authority only and not as an 
enforcement/order authority. See the discussion below.
---------------------------------------------------------------------------

    \1\ As a point of clarification, EPA interprets RCRA sections 
3004(u) and (v) as encompassing the statutory definition of 
hazardous waste found at RCRA section 1004(5) not just the 
regulatory definition of listed or identified characteristic 
hazardous waste found in 40 CFR part 261. Therefore, EPA can enforce 
any permit term issued my Arkansas that includes a solid waste which 
meets the statutory definition of being a hazardous waste or a 
hazardous waste constituent.
---------------------------------------------------------------------------

    The EPA, as a point of clarification on the approval of Arkansas 
Corrective Action permitting authority,\2\ is only approving a 
permitting program for corrective action and not for an order authority 
similar to RCRA section 3008(h). The EPA has had a longstanding policy 
of not authorizing States for corrective action order authority, but 
retaining that federal enforcement authority \3\ (see 55 FR 30798, 
30855 July 27, 1990). It is especially important that EPA clarify these 
matters since Arkansas is in the 8th Circuit Court of Appeals and 
subject to that Court's ruling in Harmon Industries, Inc. v. Carol 
Browner, 191 F 3rd 897 (8th Cir. Sept 16, 1999). This decision 
significantly reduced EPA's ability to take enforcement actions in an 
authorized State. In addition, RATFA is not a permitting program. RATFA 
is more similar to EPA's Superfund program in that it seeks to 
remediate releases of hazardous substances to the environment by 
issuing remediation orders. All of EPA's former and the present actions 
in revising Arkansas authorized RCRA program to include corrective 
action authority were done in the context of revising Arkansas' 
permitting authority to be equivalent to EPA's permitting authority at 
40 CFR part 270. Furthermore, Arkansas' RATFA authority is broader in 
scope than the EPA RCRA program. It covers hazardous substances (as 
defined in the State Act)--not only hazardous waste, it allows for cost 
recovery by the State, and provides for responsible parties to share 
liability.
---------------------------------------------------------------------------

    \2\ The clarification applies not only to this authorization for 
RCRA Clusters III through IX and Checklist 181 a portion of Cluster 
X, but also to all previous revisions of the Arkansas Hazardous 
Waste Management Program where RCRA corrective action authority was 
discussed particularly the program revision found at 56 FR 47153, 
September 18, 1991.
    \3\ EPA is not establishing as part of Arkansas' authorized RCRA 
corrective action program any type of remedial order authority such 
as A.C.A. Sections 8-7-214, and 8-7-1101. These other laws/
authorities were discussed in the State's Independent Counsel's 
Statement and its application for this and previous corrective 
action revisions. While illustrative of the State's overall 
authority to perform corrective action and order remedial actions, 
it is unrelated to whether or not its RCRA permit authority is 
equivalent to the Federal permit authority. The EPA is supportive of 
the States having broad authority to protect human health and the 
environment, but those additional authorities are not being approved 
as part of Arkansas' federally authorized RCRA corrective action 
program and are considered State only programs.
---------------------------------------------------------------------------

    The State adopted the Federal rules addressed at Checklist 140 
(Carbamate Production Identification and Listing of Hazardous Waste), 
as they were initially promulgated in the Federal Register, verbatim at 
the appropriate citations and without modification from the Federal 
language. The State conducted an independent rulemaking, and the 
subsequent vacatur of the Federal rules in Dithiocarbamate Task Force 
v. EPA does not apply to the State regulations. The State provisions 
included the vacated waste streams, which made the rule broader in 
scope than Federal provisions. Arkansas has only one generator of these 
wastes (Zeneca Ag Products), who subsequently applied to the Commission 
for a one-year variance from the State listing of these wastes. The 
Commission granted variance, which expired February 28, 1998. The State 
has listed wastes for K156, K157 and K158 including 3-iodo-2-propynyl 
n-butycarbamate (IPBC) which also was vacated by the Federal 
regulations.
    A.C.A. Sec. 8-7-214 does not limit the authority of A.C.A. Sec. 8-
7-204(b) to seek immediate relief in any court to retain any violations 
or compel any specific remedial action. In this sense, A.C.A Sec. 8-7-
204(b) is broader in scope and effect because this statute does not 
specifically require that the activity be ``endangering or causing 
damage to public health or the environment, it merely requires that 
there exists a violation. A.C.A Sec. 8-7-214 authorizes the issuance of 
an administrative order without notice or hearing as necessary to 
protect the public health and environment. This statute does require 
that there be a finding of an ``imminent hazard'', but is also broader 
in scope than the Federal provisions in that an order under A.C.A. 
Sec. 8-7-214 can be issued without there being any ``unauthorized 
activity.'' A.C.A. Sec. 8-7-204(b), Sec. 8-7-209(a)(7) and (8), and, 
Sec. 8-7-214 are mutually independent alternatives which do not 
restrict or limit each other, and which provide a broad range of 
responses to a particular issue or situation. Broader in scope 
requirements are not part of the authorized program and EPA can not 
enforce them.
    The EPA is also clarifying that the State has adopted 40 CFR part 
268 and the following sections are not delegable to the State because 
of the national concerns which must be examined when decisions are made 
relative to them: 40 CFR part 268.5 (case-by-case effective date 
extensions) and 268.42(b) (application for alternate treatment method). 
``No migration'' petitions

[[Page 20051]]

under 268.6 will be handled by EPA, even though States may be 
authorized to grant such petition in the future. The State also is 
seeking authorization for Checklist 162 (Clarification Standards for 
Hazardous Waste LDR Treatment Variances, and has adopted 40 CFR part 
268.44(a), however, EPA wants to clarify that the provisions at 40 CFR 
part 268.44(a)-(g) addresses general treatment standard variances; and 
the authority for such variances is not delegable to the State because 
these variances could result in nationally applicable standards for a 
new waste treatability group.

H. Who Handles Permits After This Authorization Takes Effect?

    The EPA will administer any RCRA permits or portions of permits it 
has issued to facilities in the State until the State becomes 
authorized. At the time the State program is authorized for new rules, 
EPA will transfer all permits or portions of permits issued by EPA to 
the State. The EPA will not issue any more permits or portions of 
permits for the provisions listed in this document after the effective 
date of this authorization. The EPA will continue to implement and 
issue permits for HSWA requirements for which the State is not yet 
authorized.

I. Why Wasn't There a Proposed Rule Before Today's Notice?

    The EPA is authorizing the State's changes through this immediate 
final action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial and 
does not expect comments that oppose this action. The EPA is providing 
an opportunity for public comment now. In the proposed rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State changes. If EPA receives comments which 
oppose this authorization, that document will serve as a proposal to 
authorize the changes.

J. Where Do I Send My Comments and When Are They Due?

    You should send written comments to Alima Patterson, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to 
Docket Number AR-00-0.
    We must receive your comments by May 24, 2002. You may not have an 
opportunity to comment again. If you want to comment on this action, 
you must do so at this time.

K. What Happens if EPA Receives Comments Opposing This Action?

    If EPA receives comments which oppose this authorization, a second 
Federal Register notice will be published before the time the immediate 
final rule takes effect. The second notice may withdraw the immediate 
final rule or identify the issues raised, or respond to the comments 
and affirm that the immediate final rule will take effect as scheduled.

L. When Will This Approval Take Effect?

    Unless EPA receives comments that oppose this action, this final 
authorization approval will become effective without further notice on 
June 24, 2002.

M. Where Can I Review the State's Application?

    You can view and copy the State of Arkansas' application from 8:30 
a.m. to 4:00 p.m. Monday through Friday at the following addresses: 
Arkansas Department of Environmental Quality, 8101 Interstate 30, 
Little Rock, Arkansas 72219, (501) 682-0876 and EPA, Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further 
information contact Alima Patterson, Regional Authorization 
Coordinator, Grants and Authorization Section (6PD-G), Multimedia 
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, (214) 665-8533.

N. How Does Today's Action Affect Indian Country in Arkansas?

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

O. What Is Codification?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized Hazardous Waste 
Program into the CFR. The EPA does this by referencing the authorized 
State rules in 40 CFR part 272. The EPA reserves the amendment of 40 
CFR part 272, subpart E for this codification of Arkansas' program 
changes until a later date.

Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
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 pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). This action will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), 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 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, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for

[[Page 20052]]

affected conduct. EPA has complied with Executive Order 12630 (53 FR 
8859, March 15, 1988) by examining the takings implications of the rule 
in accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this 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 June 24, 2002.

List 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(a), 6926, 6974(b).

    Dated: April 5, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-10038 Filed 4-23-02; 8:45 am]
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