[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Rules and Regulations]
[Pages 59438-59444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23364]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R06-RCRA-2012-0793; FRL-9916-02-Region 6]
Arkansas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: During a review of Arkansas' regulations, the Environmental
Protection Agency (EPA) identified a variety of State-initiated changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). We have determined that these changes are minor
and satisfy all requirements needed to qualify for Final authorization
and are authorizing the State-initiated changes through this Direct
Final action.
The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Arkansas' hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.
DATES: This regulation is effective December 1, 2014, unless the EPA
receives adverse written comment on the codification of the Arkansas
authorized RCRA program by the close of business November 3, 2014. If
the EPA receives such comments, it will publish a timely withdrawal of
this direct final rule in the Federal Register informing the public
that this rule will not take effect. The incorporation by reference of
authorized provisions in the Arkansas statutes and regulations
contained in this rule is approved by the Director of the Federal
Register as of December 1, 2014 in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2 Email: [email protected] or [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, or Julia
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2012-XXXX. EPA's policy is that all comments received will be included
in the public docket without change, including personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The Federal http://www.regulations.gov
Web site is an ``anonymous access'' system, which means the EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an email comment directly to the
EPA without going through http://www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. (For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm).
You can view and copy the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone number: (214) 665-8533 or (214) 665-8178. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone numbers: (214) 665-8533 and (214) 665-8178, and Email
address: [email protected] or [email protected].
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated Changes
A. Why are revisions to State programs necessary?
States which have received Final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste programs may
be necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268,
270, 273 and 279. States can also initiate their own
[[Page 59439]]
changes to their hazardous waste program and these changes must then be
authorized.
B. What decisions have we made in this rule?
We conclude that Arkansas' revisions to its authorized program meet
all of the statutory and regulatory requirements established by RCRA.
We found that the State-initiated changes make Arkansas' rules more
clear or conform more closely to the Federal equivalents and are of
such nature that a formal application is unnecessary. Therefore, we
grant Arkansas final authorization to operate its hazardous waste
program with the changes described in the table at Section G below.
Arkansas has responsibility for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) within its borders (except in Indian
Country) and for carrying out all authorized aspects of the RCRA
program, subject to the limitations of the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New Federal requirements and prohibitions
imposed by Federal regulations that EPA promulgates under the authority
of HSWA take effect in authorized States before they are authorized for
the requirements. Thus, the EPA will implement those requirements and
prohibitions in Arkansas, including issuing permits, until the State is
granted authorization to do so.
C. What is the effect of this authorization decision?
The effect of this decision is that a facility in Arkansas subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Arkansas has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Arkansas is being authorized by this direct action are already
effective and are not changed by this action.
D. Why wasn't there a proposed rule before this rule?
The EPA did not publish a proposal before this rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the Proposed Rules section of this Federal
Register, we are publishing a separate document that proposes to
authorize the State program changes.
E. What happens if EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization or the
incorporation-by-reference of the State program, we will withdraw this
rule by publishing a timely document in the Federal Register before the
rule becomes effective. The EPA will base any further decision on the
authorization of the State program changes, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will
then address all public comments in a later final rule. If you want to
comment on this authorization and incorporation-by-reference, you must
do so at this time. If we receive comments that oppose only the
authorization of a particular change to the State hazardous waste
program or the incorporation-by-reference of the State program, we may
withdraw only that part of this rule, but the authorization of the
program changes or the incorporation-by-reference of the State program
that the comments do not oppose will become effective on the date
specified above. The Federal Register withdrawal document will specify
which part of the authorization or incorporation-by-reference of the
State program will become effective and which part is being withdrawn.
F. For what has Arkansas previously been authorized?
Arkansas initially received final authorization on January 25, 1985
(50 FR 1513), to implement its Base Hazardous Waste Management program.
Arkansas received authorization for revisions to its program on January
11, 1985 (50 FR 1513), effective January 25, 1985; March 27, 1990 (55
FR 11192), effective May 29, 1990; September 18, 1991 (56 FR 47153),
effective November 18, 1991; October 5, 1992 (57 FR 45721), effective
December 4, 1992; October 7, 1994 (59 FR 51115), effective December 21,
1994, April 24, 2002 (67 FR 20038), effective June 24, 2002; August 15,
2007 (72 FR 45663), effective October 15, 2007, as amended June 28,
2010 (75 FR 36538); June 28, 2010 (75 FR 36538), effective August 27,
2010; and August 10, 2012 (77 FR 47779), effective October 9, 2012.
G. What changes are we authorizing with this action?
The State has made amendments to the provisions listed in the table
which follows. These amendments clarify the State's regulations and
make the State's regulations more internally consistent. The State's
laws and regulations, as amended by these provisions, provide authority
which remains equivalent to, no less stringent than, and not broader in
scope than the Federal laws and regulations. These State-initiated
changes satisfy the requirements of 40 CFR 271.21(a). We are granting
Arkansas final authorization to carry out the following provisions of
the State's program in lieu of the Federal program. These provisions
are analogous to the indicated RCRA regulations found at 40 CFR as of
July 1, 2008. Arkansas Pollution Control and Ecology Commission
Regulation No. 23, Hazardous Waste Management, as amended April 23,
2010, effective June 13, 2010.
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Analogous Federal
State requirement requirement
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Reg. No. 23 260.20(d)-(f)................. 40 CFR 260.20 (d)-(e)
related.
Reg. No. 23 261.21 (a)(3) and 40 CFR 261.21(a)(3) and
261.21(a)(4); Notes 1-4. 261.21(a)(4); Notes 1-4.
Reg. No. 23 261.33(e) and (f)............. 40 CFR 261.33(e) and (f).
Reg. No. 23 262.12........................ 40 CFR 262.12.
Reg. No. 23 263.20(h)(1) [reserved]....... 40 CFR 263.20(h)(1).
Reg. No. 23 270.7 (e)(2)(ii) introductory 40 CFR 124.32(b)(2)
paragraph. introductory paragraph.
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H. Who handles permits after the authorization takes effect?
This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.
I. How does this action affect Indian Country (18 U.S.C. 1151) in
Arkansas?
Arkansas is not authorized to carry out its Hazardous Waste Program
in Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.
[[Page 59440]]
II. Incorporation-by-Reference
A. What is codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
B. What is the history of the codification of Arkansas' hazardous waste
management program?
The EPA incorporated by reference Arkansas' then authorized
hazardous waste program effective December 13, 1993 (58 FR 52674),
August 21, 1995 (60 FR 32112), and August 27, 2010 (75 FR 36538). In
this action, EPA is revising Subpart E of 40 CFR part 272 to include
the recent authorization revision actions effective August 27, 2010 (75
FR 36538) and October 9, 2012 (77 FR 47779).
C. What codification decisions have we made in this rule?
The purpose of this Federal Register document is to codify
Arkansas' base hazardous waste management program and its revisions to
that program. The EPA provided notices and opportunity for comments on
the Agency's decisions to authorize the Arkansas program, and the EPA
is not reopening the decisions, nor requesting comments, on the
Arkansas authorizations as published in the Federal Register notices
specified in Section I.F. of this document.
This document incorporates by reference Arkansas' hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and Federally enforceable program. By
codifying Arkansas' authorized program and by amending the Code of
Federal Regulations, the public will be more easily able to discern the
status of Federally approved requirements of the Arkansas hazardous
waste management program.
The EPA is incorporating by reference the Arkansas authorized
hazardous waste program in subpart E of 40 CFR part 272. Section
272.201 incorporates by reference Arkansas' authorized hazardous waste
statutes and regulations. Section 272.201 also references the statutory
provisions (including procedural and enforcement provisions) which
provide the legal basis for the State's implementation of the hazardous
waste management program, the Memorandum of Agreement, the Attorney
General's Statements and the Program Description, which are approved as
part of the hazardous waste management program under Subtitle C of
RCRA.
D. What is the effect of Arkansas' codification on enforcement?
The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Arkansas
procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR
lists the statutory and regulatory provisions which provide the legal
basis for the State's implementation of the hazardous waste management
program, as well as those procedural and enforcement authorities that
are part of the State's approved program, but these are not
incorporated by reference.
E. What State provisions are not part of the codification?
The public needs to be aware that some provisions of Arkansas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which Arkansas is not authorized, but which
the State has adopted in its regulations;
(3) Unauthorized amendments to authorized State provisions; and
(4) New unauthorized State requirements.
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists
the Arkansas regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
Arkansas has adopted but is not authorized for the following
Federal rules published in the Federal Register on July 15, 1985 (50 FR
28702; amendments to 40 CFR 260.22 only); April 12, 1996 (61 FR 16290);
August 5, 2005 (70 FR 45508); October 4, 2005 (70 FR 57769); October
12, 2005 (70 FR 59402); April 4, 2006 (71 FR 16862); July 14, 2006 (71
FR 40254); July 28, 2006 (71 FR 42928); January 2, 2008 (73 FR 57).
Therefore, these Federal amendments included in Arkansas' regulations,
are not part of the State's authorized program and are not part of the
incorporation by reference addressed by this Federal Register document.
Additionally, Arkansas' hazardous waste regulations include
amendments which have not been authorized by the EPA. Since the EPA
cannot enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by the EPA include amendments to previously authorized
State regulations as well as new State requirements. State regulations
that are not incorporated by reference in this rule at 40 CFR
272.201(c)(1), or that are not listed in 40 CFR 272.201(c)(3)
(``broader in scope''), are considered new unauthorized State
requirements. These requirements are not Federally enforceable.
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
F. What will be the effect of Federal HSWA requirements on the
codification?
The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less
[[Page 59441]]
stringent or inconsistent State provision which may have been
previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA
has the authority to implement HSWA requirements in all States,
including authorized States, until the States become authorized for
such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.
Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore, this action is not subject to review by OMB. This
rule incorporated by reference Arkansas' authorized hazardous waste
management regulations, and imposes no additional requirements beyond
those imposed by State law. This final 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.). Incorporation by
reference will not impose any new burdens on small entities.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
merely incorporates by reference certain existing State hazardous waste
management program requirements which the EPA already approves under 40
CFR part 271, 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).
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also does not have
Tribal implications within the meaning of Executive Order 13175 (65 FR
67249, November 6, 2000).
This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
incorporation by reference as long as the State meets the criteria
required by RCRA. It would thus be inconsistent with applicable law for
the EPA, when it reviews a State incorporation by reference
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) do not apply. The final rule does not include environmental
justice issues that require consideration under Executive Order 12898
(59 FR 7629, February 16, 1994). The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct.
The 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 prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective December 1, 2014.
List of Subjects
40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indians-lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Intergovernmental
relations, 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: August 18, 2014.
Ron Curry,
Regional Administrator, Region 6.
For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final
authorization under part 271 to the State of Arkansas for revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act and is amending 40 CFR part 272 as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
0
2. Revise Sec. 272.201 to read as follows:
[[Page 59442]]
Sec. 272.201 Arkansas State-administered program: Final
authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Arkansas final authorization for the following elements as
submitted to EPA in Arkansas' Base program application for final
authorization which was approved by EPA effective on January 25, 1985.
Subsequent program revision applications were approved effective on May
29, 1990; November 18, 1991; December 4, 1992; December 21, 1994; June
24, 2002; October 15, 2007; August 27, 2010; October 9, 2012 and
December 1, 2014.
(b) The State of Arkansas has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
(c) State statutes and regulations. (1) The Arkansas statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference is approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of the Arkansas statutes that are incorporated by reference are
available from Michie Publishing, 1275 Broadway Albany, New York 12204,
Phone: (800) 223-1940. Copies of the Arkansas regulations that are
incorporated by reference are available from the Arkansas Department of
Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive,
North Little Rock, Arkansas 72118-5317, Phone: (501) 682-0923. You may
inspect a copy at EPA Region 6 Library, 12th Floor, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Phone number: (214) 665-8533, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ``EPA-Approved Arkansas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated October, 2012.
(ii) [Reserved]
(2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
(i) Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement,
Title 4, Business and Commercial Law, Chapter 75: Section 4-75-601(4)
``Trade Secret''.
(ii) Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement,
Title 8, Environmental Law, Chapter 1: Section 8-1-107.
(iii) Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-205 through 8-
7-214, 8-7-217, 8-7-218, 8-7-220, 8-7-222, 8-7-224 and 8-7-225(b)
through 8-7-225(d).
(iv) Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2009 Supplement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-204 (except 8-
7-204(e)(3)(B)) and 8-7-227.
(v) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 3: Sections 8-7-302(3), 8-7-
303 and 8-7-308.
(vi) Remedial Action Trust Fund Act of 1985, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-505(3), 8-7-
507 and 8-7-511.
(vii) Remedial Action Trust Fund Act of 1985, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2009 Supplement, Title 8,
Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-503(6) and
(7), 8-7-508 and 8-7-512.
(viii) Arkansas Freedom of Information Act (FOIA) of 1967, as
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2009 Supplement,
Title 25, State Government, Chapter 19: Sections 25-19-103(1), 25-19-
105, 25-19-107.
(ix) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended April 23,
2010, effective June 13, 2010, Chapter One; Chapter Two, Sections 1, 2,
3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX,
270.7(h) and (j), 270.10(e)(8), 270.34, Chapter Three, Sections 19 and
21, 22; Chapter Five, Section 28.
(x) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 7, Civil Penalties, July 24, 1992.
(xi) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 8, Administrative Procedures, February 12, 2009.
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) Arkansas Hazardous Waste Management Act, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Section 8-7-226.
(ii) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended April 23,
2010, effective June 13, 2010, Chapter Two, Sections 6, 262.13(c),
262.24(d), 263.10(e), 263.13, 264.71(e), and 265.71(e).
(4) Unauthorized State amendments and provisions. Arkansas has
partially or fully adopted, but is not authorized to implement, the
Federal rules that are listed in the following table. The EPA will
continue to implement the Federal HSWA requirements for which Arkansas
is not authorized until the State receives specific authorization for
those requirements. The EPA will not enforce the non-HSWA Federal rules
although they may be enforceable under State law. For those Federal
rules that contain both HSWA and non-HSWA requirements, the EPA will
enforce only the HSWA portions of the rules.
------------------------------------------------------------------------
Federal Register
Federal requirement reference Publication date
------------------------------------------------------------------------
HSWA Codification Rule-- 50 FR 28702..... July 15, 1985.
Delisting (HSWA) (Checklist
17B--amendments to 40 CFR
260.22 only).
Imports and Exports of 61 FR 16290..... April 12, 1996.
Hazardous Waste:
Implementation of OECD
Council Decision (HSWA)
(Checklist 152).
Universal Waste Rule: 70 FR 45508..... August 5, 2005.
Specific Provisions for
Mercury Containing Equipment
(Non-HSWA) (Checklist 209).
[[Page 59443]]
Revision of Wastewater 70 FR 57769..... October 4, 2005.
Treatment Exemptions for
Hazardous Waste Mixtures
(``Headworks exemptions'')
(Non-HSWA) (Checklist 211).
NESHAP: Final Standards for 70 FR 59402..... October 12, 2005.
Hazardous Waste Combustors
(Phase I Final Replacement
Standards and Phase II)
(HSWA and Non-HSWA)
(Checklist 212).
Burden Reduction Initiative 71 FR 16862..... April 4, 2006.
(HSWA and Non-HSWA)
(Checklist 213).
Corrections to Errors in the 71 FR 40254..... July 14, 2006.
Code of Federal Regulations
(HSWA and Non-HSWA)
(Checklist 214).
Cathode Ray Tubes Rule (HSWA) 71 FR 42928..... July 28, 2006.
(Checklist 215).
Exclusion of Oil-Bearing 73 FR 57........ January 2, 2008.
Secondary Materials
Processed in a Gasification
System to Produce Synthesis
Gas (Non-HSWA) (Checklist
216).
------------------------------------------------------------------------
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Arkansas, signed by the Executive
Director of the Arkansas Commission on Environmental Quality (TCEQ) on
June 27, 2012, and by the EPA Regional Administrator on July 10, 2012,
is referenced as part of the authorized hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Arkansas
on July 9, 1984 and revisions, supplements, and addenda to that
Statement dated September 24, 1987, February 24, 1989, December 11,
1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994,
February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997,
December 12, 2001, July 27, 2006, and December 12, 2010 are referenced
as part of the authorized hazardous waste management program under
Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Program description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
0
3. Appendix A to part 272, State Requirements, is amended by revising
the listing for ``Arkansas'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Arkansas
The statutory provisions include:
Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-202, 8-7-
203, 8-7-215, 8-7-216, 8-7-219, 8-7-221, 8-7-223 and 8-7-225(a).
Arkansas Code of 1987 Annotated (A.C.A.), 2000 Replacement,
Title 8, Environmental Law, Chapter 10, Subchapter 3: Section 8-10-
301(d).
Copies of the Arkansas statutes that are incorporated by
reference are available from Michie Publishing, 1275 Broadway
Albany, New York 12204, Phone: (800) 223-1940.
The regulatory provisions include:
Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended April 23,
2010, effective June 13, 2010. Please note that the 2010 APC&E
Commission Regulation No. 23, is the most recent version of the
Arkansas authorized hazardous waste regulations. For a few
provisions, the authorized version is found in the APC&E Commission
Regulation 23, effective January 21, 1996, December 6, 2003 or March
23, 2006. Arkansas made subsequent changes to these provisions but
these changes have not been authorized by EPA. The provisions from
the January 21, 1996, December 6, 2003 or March 23, 2006 regulations
are noted below.
Chapter Two, Sections 3(b) introductory paragraph; 3(b)(2);
3(b)(4); Section 260--Hazardous Waste Management System--General--
260.1; 260.3; 260.10 (except the definitions of ``cathode ray
tube'', ``consolidation'' ``CRT collector'', ``CRT glass
manufacturer'', ``CRT processing'', ``gasification'', ``mercury-
containing device'', ``Performance Track member facility'', the
phrase ``a written permit issued by the Arkansas Highway and
Transportation Department authorizing a person to transport
hazardous waste (Hazardous Waste Transportation Permit), or'' in the
definition for ``permit'' and 260.10 (3) ``universal waste'');
260.10 (3) ``universal waste'' (December 6, 2003); 260.11(a) (March
23, 2006); 260.11(b) through (g) (except reserved provisions);
260.20 (except 260.20(c) through (f)); 260.21; 260.23; 260.30;
260.31(a); 260.31(b) introductory paragraph; 260.31 (b)(1) through
(8) (March 23, 2006); 260.31(c); 260.32; 260.33; 260.40; 260.41; and
Appendix I.
Section 261--Identification and Listing of Hazardous Waste--
261.1; 261.2; 261.3 (except 261.3(a)(2)(iv) and reserved
provisions); 261.3(a)(2)(iv) (March 23, 2006); 261.4(a) (except
261.4(a)(9)(iii), (a)(12)(i), (a)(22)); 261.4(a)(9)(iii) and
(a)(12)(i) (March 23, 2006); 261.4(b) through (e); 261.4(f) (except
261.4(f)(9)); 261.4(f)(9) (March 23, 2006); 261.4(g); 261.5; 261.6
(except (a)(5)); 261.7; 261.8; 261.9 (except 261.9(c)); 261.9(c)
(December 6, 2003); 261.10; 261.11; 261.20 through 261.24; 261.30
through 261.33; 261.35; 261.38; Appendices I, VII and VIII.
Section 262 Standards Applicable to Generators of Hazardous
Waste--262.10 (except 262.10(d)); 262.11; 262.12; 262.13 (except
262.13(c)); 262.20 (except reserved provision); 262.21; 262.22;
262.23; 262.24 (except 262.24(d)); 262.27; 262.30; 262.31 through
262.34; 262.35 (except the phrase ``and the requirements of Sec.
262.13(d) and Sec. 263.10(d)'' at 262.35(a)(2)); 262.40; 262.41
(except references to PCBs) (January 21, 1996); 262.42; 262.43;
262.50 through 262.58; 262.60 (except 262.60(e)); 262.70; 262.200
through 262.216; and Appendix I.
Section 263--Standards Applicable to Transporters of Hazardous
Waste 263.10 (except 263.10(d) and (e)), 263.11, 263.12, 263.20
(except 263.20(g)(4) and reserved provision), 263.21, 263.22, 263.30
and 263.31.
Section 264--Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities--264.1 (except
264.1(g)(11)(iii) and reserved provisions); 264.1(g)(11)(iii)
(December 6, 2003); 264.3; 264.4; 264.10; 264.11; 264.12 (except
264.12(a)(2)); 264.13 through 264.19; 264.20(a) through (c); 264.30
through 264.35; 264.37; 264.50 through 264.56; 264.70; 264.71
(except 264.71(a)(3), (d) and (e)); 264.72; 264.73 (March 23, 2006);
264.74; 264.75 (except 264.75(g)); 264.75(g) (January 21, 1996);
264.75(h) (January 21, 1996); 264.76 (except reserved provision);
264.77; 264.90 through 264.101; 264.110 through 264.120; 264.140;
264.141 (except the definition of ``captive insurance'' at
264.141(f)); 264.142; 264.143 (except the last sentence of
264.143(e)(1)); 264.144; 264.145 (except the last sentence of
264.145(e)(1)); 264.146; 264.147 (except the last sentences of
264.147(a)(1)(i) and 264.147(b)(1)(ii) and reserved provision);
264.148; 264.151; 264.170 through 264.174; 264.175 (except reserved
provision); 264.176 through 264.179; 264.190 through 264.200;
264.220 through 264.223; 264.226 through 264.232; 264.250 through
264.254; 264.256 through 264.259; 264.270 through 264.273; 264.276;
264.278 through 264.283; 264.300 through 264.304; 264.309; 264.310;
264.312(a); 264.313; 264.314(a) (except 264.314(a)(2) and (a)(3));
264.314(b) (except the last sentence); 264.314(c) through
264.314(f); 264.315; 264.316; 264.317; 264.340 through 264.345;
264.347 (March 23, 2006); 264.351; 264.550 through 264.555 (except
reserved provision); 264.570 through 264.575; 264.600 through
264.603; 264.1030 through 264.1036; 264.1050 through 264.1065
(except reserved provision); 264.1080 through 264.1090; 264.1100
through 264.1102; 264.1200; 264.1201; 264.1202; Appendix I; and
Appendices IV, V and IX.
[[Page 59444]]
Section 265--Interim Status Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and Disposal Facilities--
265.1 (except 265.1(c)(14)(iii) and reserved provisions);
265.1(c)(14)(iii) (December 6, 2003); 265.4, 265.10, 265.11, 265.12
(except 265.12(a)(2)), 265.13, 265.14, 265.15 (except the phrase ``,
except for Performance Track member facilities . . . as described in
paragraph (b)(5) of this section'' at 265.15(b)(4) and
265.15(b)(5)); 265.16 (except 265.16(a)(4)); 265.17 through 265.19;
265.30 through 265.35; 265.37; 265.50; 265.51; 265.52 (except the
last three sentences of 265.52(b)); 265.53 through 265.55; 265.56
(except 265.56(j)); 265.56(i) and (j) (March 23, 2006); 265.70,
265.71 (except 265.71(a)(3), (d) and (e)), 265.72; 265.73 (March 23,
2006); 265.74; 265.75 (except 265.75(g)); 265.75(g) (January 21,
1996); 265.75(h) (January 21, 1996); 265.76(a); 265.77; 265.90
(except the last sentence of 265.90(d)(1), and in 265.90(d)(3) the
phrase ``and place it in the facility's . . . closure of the
facility''); 265.91; 265.92; 265.93 (except the last sentence of
265.93(d)(2) and the last sentence of 265.93(d)(5)); 265.94; 265.110
through 265.112; 265.113 (except 265.113(e)(5)); 265.113(e)(5)
(March 23, 2006); 265.114; 265.115 (March 23, 2006); 265.116 through
265.119; 265.120 (March 23, 2006); 265.121; 265.140, 265.141 (except
the definition of ``captive insurance'' at 265.141(f)); 265.142;
265.143 (except the last sentence of 265.143(d)(1) and ``qualified''
before ``Arkansas-registered Professional Engineer'' in 265.143(h));
265.144; 265.145; 265.146; 265.147 (except the last sentences of
265.147(a)(1) and 265.147(b)(1), ``qualified'' before ``Arkansas-
registered Professional Engineer'' in 265.147(e) and reserved
provision); 265.148; 265.170 through 265.173; 265.174 (March 23,
2006); 265.176; 265.177, 265.178, 265.190; 265.191; 265.192;
265.193(a) (March 23, 2006); 265.193(b) through 265.193(i); 265.194;
265.195 (March 23, 2006); 265.196 (except 265.196(f)); 265.196(f)
(March 23, 2006); 265.197 through 265.200; 265.201 (March 23, 2006);
265.202; 265.220; 265.221 (except 265.221(a)); 265.221(a) (March 23,
2006); 265.222; 265.223; 265.224 (March 23, 2006); 265.224(b) and
(c); 265.225; 265.226; 265.228 through 265.231; 265.250 through
265.258; 265.259(a) (March 23, 2006); 265.259(b) and (c); 265.260;
265.270; 265.272; 265.273; 265.276; 265.278; 265.279; 265.280
(except the word ``qualified'' before ``Arkansas-registered
professional engineer'' in 265.180(e)); 265.281; 265.282; 265.300;
265.301(a); 265.301(b) through 265.301(i); 265.302; 265.303(a)
(March 23, 2006); 265.303(b) and (c); 265.304; 265.309; 265.310;
265.312(a); 265.313; 265.314 (except 265.314(a)(2), (a)(3) and the
last sentence in 265.314(b)) (March 23, 2006); 265.315; 265.316;
265.340; 265.341; 265.345; 265.347; 265.351; 265.352; 265.370;
265.373; 265.375; 265.377; 265.381; 265.382; 265.383; 265.400
through 265.406; 265.430; 265.440 through 265.445; 265.1030 through
265.1035; 265.1050 (except reserved provision); 265.1051 through
265.1060; 265.1061 (March 23, 2006); 265.1062 (March 23, 2006);
265.1063; 265.1064; 265.1080 through 265.1090; 265.1100 (March 23,
2006); 265.1101 (except the phrase ``, except for Performance Track
. . . director'' and the last sentence in 265.1102(c)(4); 265.1102;
265.1200; 265.1201; 265.1202; Appendix I; and Appendices III through
VI.
Section 266--Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23; 266.70 (except 266.70(b)(3)); 266.80; 266.100
(except 266.100(b)); 266.100(b) (March 23, 2006); 266.101; 266.102
(except 266.102(e)(10)); 266.102(e)(10) (March 23, 2006); 266.103
(except 266.103(d) and (k)); 266.103(d) and (k) (March 23, 2006);
266.104 through 266.112; 266.200 through 266.206; 266.210; 266.220;
266.225; 266.230; 266.235; 266.240; 266.245; 266.250; 266.255;
266.260; 266.305; 266.310; 266.315; 266.320; 266.325; 266.330;
266.335; 266.340; 266.345; 266.350; 266.355; 266.360; and Appendices
I through XIII.
Section 267--Standards for Owners and Operators of Hazardous
Waste Facilities Operating Under a Standardized Permit--267.1
through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50
through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110
through 267.113; 267.115 through 267.117; 267.140 through 267.143;
267.147 through 267.151; 267.170 through 267.177; 267.190 through
267.204; and 267.1100 through 267.1108.
Section 268--Land Disposal Restrictions--268.1 (except
268.1(f)(3)); 268.1(f)(3) (December 6, 2003); 268.2 through 268.4,
268.7(a) (except 268.7(a)(1), (a)(2) introductory paragraph and
reserved provisions); 268.7(a)(1) and (a)(2) (introductory
paragraph) (March 23, 2006); 268.7(b) (except 268.7(b)(6));
268.7(b)(6) (March 23, 2006); 268.7(c) through (e); 268.9(a) (except
second sentence); 268.9(b) and (c); 268.9(d) introductory paragraph
(March 23, 2006); 268.9(d) (1) and (2) (except reserved provision);
268.13; 268.14; 268.20, 268.30 through 268.39; 268.40 (except
268.40(e)(1)-(4) and 268.40(i)); 268.41; 268.42 (except 268.42(b));
268.43; 268.45; 268.46; 268.48; 268.49; 268.50; Appendices III, IV,
VI through IX and XI.
Section 270--Administered Permit Programs: The Hazardous Waste
Permit Program--270.1 (except 270.1(c)(2)(viii)(C));
270.1(c)(2)(viii)(C) (December 6, 2003); 270.2; 270.3 (except
reserved provision); 270.4; 270.5; 270.6(a) (except the reference to
SW-846) (March 23, 2006); 270.6(b) (March 23, 2006); 270.7 (except
270.7(h) and (j)); 270.10 (except 270.10(e)(8) and (k)); 270.11
through 270.18; 270.19 (except 270.19(e)); 270.19(e) (March 23,
2006); 270.20; 270.21; 270.22 introductory paragraph (March 23,
2006); 270.22(a) through (f); 270.23; 270.24 (except 270.24(d)(3));
270.24(d)(3) (March 23, 2006); 270.25 (except 270.25(e)(3));
270.25(e)(3) (March 23, 2006); 270.26 through 270.31; 270.32 (except
270.32(b)(3)); 270.33; 270.40; 270.41; 270.42 (except 270.42(j)
through (l)); 270.42(j) (March 23, 2006); 270.42 Appendix I (except
entry at item L.10 and item O); 270.43; 270.50; 270.51; 270.60
(except reserved provision); 270.61; 270.62 (except 270.62
introductory paragraph); 270.62 introductory paragraph (March 23,
2006); 262.63; 270.64; 270.65; 270.66 (except 270.66 introductory
paragraph); 270.66 introductory paragraph (March 23, 2006); 270.67;
270.68; 270.70 through 270.73; 270.79; 270.80; 270.85; 270.90;
270.95; 270.100; 270.105; 270.110; 270.115; 270.120; 270.125;
270.130; 270.135; 270.140; 270.145; 270.150; 270.155; 270.160;
270.165; 270.170; 270.175; 270.180; 270.185; 270.190; 270.195;
270.200; 270.205; 270.210; 270.215; 270.220; 270.225; 270.230;
270.235 (March 23, 2006); 270.250; 270.255; 270.260; 270.265;
270.270; 270.275; 270.280; 270.290; 270.300; 279.305; 270.310;
270.315; and 270.320.
Section 273--Standards for Universal Waste Management--273.1
(except 273.1(a)(3)); 273.1(a)(3) (December 6, 2003); 273.2; 273.3;
through 273.4 (December 6, 2003); 273.5 (except 273.5(b)(3)); 273.6;
273.8; 273.9 (except selected definitions); 273.9 ``large quantity
handler of universal waste'', ``small quantity handler of universal
waste'', and ``universal waste'' (c) (December 6, 2003); 273.10;
273.11; 273.12; 273.13 (except 273.13(c)); 273.13(c) (December 6,
2003); 273.14 (except 273.14 (d)); 273.14 (d) (December 6, 2003);
273.15 through 273.20; 273.30; 273.31; 237.32 (except 273.32(b)(4)
and (5)); 273.32(b)(4) and (5) (December 6, 2003); 273.33 (except
273.33(c)); 273.33(c) (December 6, 2003); 273.34 (except 273.34(d));
273.34(d) (December 6, 2003); 273.35 through 273.40; 273.50 through
273.56; 273.60; 273.61; 273.62; 273.70; 273.80; and 273.81.
Section 279--Standards for the Management of Used Oil--279.1;
279.10; 279.11; 279.12; 279.20 through 279.24; 279.30; 279.31;
279.32; 279.40 through 279.47; 279.50 through 279.67; 279.70 through
279.75; 279.80; 279.81; and 279.82(a).
Copies of the Arkansas regulations that are incorporated by
reference are available from the Arkansas Department of
Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore
Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682-
0923.
* * * * *
[FR Doc. 2014-23364 Filed 10-1-14; 8:45 am]
BILLING CODE 6560-50-P