[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Rules and Regulations]
[Pages 64678-64682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25724]



40 CFR Part 271

[EPA-R06-RCRA-2014-0366; FRL-9918-56-Region 6]

Arkansas: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The State of Arkansas has applied to the EPA for final 
authorization of the changes to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). EPA has determined that 
these changes satisfy all requirements needed to qualify for Final 
authorization, and is authorizing the State's changes through this 
direct final action. The EPA is publishing this rule to authorize the 
changes without a prior proposal because we believe this action is not 
controversial and do not expect comments that oppose it. Unless we 
receive written comments which oppose this authorization during the 
comment period, the decision to authorize Arkansas' changes to its 
hazardous waste program will take effect. If we receive comments that 
oppose this action, we will publish a document in the Federal Register 
withdrawing this rule before it takes effect, and a separate document 
in the proposed rules section of this Federal Register will serve as a 
proposal to authorize the changes.

DATES: This final authorization will become effective on December 30, 
2014 unless the EPA receives adverse written comment by December 1, 
2014. If the EPA receives such comment, it will publish a timely 
withdrawal of this direct final rule in the Federal Register and inform 
the public that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:

[[Page 64679]]

    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
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, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI 
or otherwise protected through regulations.gov, or email. The Federal 
regulations.gov Web site is an ``anonymous access'' system, which means 
the EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to the EPA without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, the EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If the EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. You can view and 
copy Arkansas' application and associated publicly available materials 
from 8:30 a.m. to 4 p.m. Monday through Friday at the following 
locations: Arkansas Department of Environmental Quality, 8101 
Interstate 30, Little Rock, Arkansas 72219-8913, (501) 682-0876, and 
EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number 
(214) 665-8533. Interested persons wanting to examine these documents 
should make an appointment with the office at least two weeks in 

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional 
Authorization Coordinator, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address 
[email protected].


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 program. As the Federal program changes, 
States must change their programs and ask the EPA to authorize the 
changes. Changes to State programs may be necessary when Federal or 
State statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, States must change their programs 
because of changes to the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What decisions have we made in this rule?

    We conclude that Arkansas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Arkansas Final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Arkansas has responsibility 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 the EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in Arkansas including issuing permits, until the State is 
granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in Arkansas is 
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. The State of 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 
     Take enforcement actions after notice to and consultation 
with the State.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Arkansas is being 
authorized by today's action is already effective under State law, and 
are not changed by today's action.

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

    The EPA did not publish a proposal before today's 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 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, we 
will withdraw this rule by publishing a document in the Federal 
Register before the rule becomes effective. The EPA will base any 
further decision on the authorization of the State program changes on 
the proposal mentioned in the previous paragraph. We will then address 
all public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time. If we receive comments that oppose only 
the authorization of a particular change to the State hazardous waste 
program, we will withdraw only that part of this rule, but the 
authorization of the program changes that the comments do not oppose 
will become effective on the date specified in this document. The 
Federal Register withdrawal document will specify which part of the 
authorization will become effective, and which part is being withdrawn.

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,

[[Page 64680]]

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 and August 10, 2012 (77 
FR 47779-47782) effective October 9, 2012. The authorized Arkansas RCRA 
program was incorporated by reference into the Code of Federal 
Regulations effective December 13, 1993 (58 FR 52674) June 28, 2010 (75 
FR 36538) effective August 27, 2010 and August 10, 2012 (77 FR 47779) 
effective October 9, 2012. On January 14, 2014, Arkansas submitted a 
final complete program revision application seeking authorization of 
its program revision in accordance with 40 CFR 271.21.

G. What changes are we approving with today's action?

    On January 14, 2014, the State of Arkansas submitted final complete 
program applications, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make a direct final decision, 
subject to receipt of written comments that oppose this action that the 
State of Arkansas' hazardous waste program revision satisfies all of 
the requirements necessary to qualify for final authorization. The EPA 
wants to clarify in this Federal Register document that because of the 
Federal government's special role in matters of foreign policy, 
Organization for Economic Cooperation and Development (OECD), 
Requirements; Export Shipments of Spend Lead-Acid Batteries (Checklist 
222), EPA does not authorize States to administer Federal import/export 
functions in any section of the RCRA hazardous waste regulations. 
Although States do not receive authorization to administer the Federal 
government's export functions in 40 CFR part 262, subpart E, import 
functions in 40 CFR part 262, subpart F, import/export functions in 40 
CFR part 262, subpart H, or the import/export related functions in any 
other section of the RCRA hazardous waste regulations, State programs 
are still required to adopt those provisions that are more stringent 
than existing federal requirements to maintain their equivalency with 
the federal program. The OECD requirements are enforced by EPA in lieu 
of the State. Therefore, the State is not authorized for this 
provision. The State of Arkansas revisions consist of regulations which 
specifically govern Federal Hazardous waste revisions promulgated 
between July 1, 2005 through June 30, 2011 (and portions of RCRA 
Clusters XVI, XVII, XVIII, XX and XXI). Arkansas requirements are 
included in a chart with this document.

    Description of federal requirement      Federal Register date and page (and/or
    (include checklist #, if relevant)             RCRA statutory authority           Analogous state authority
1. Universal Waste Rule: Specific          70 FR 45508-45522 August 5, 2005........  Arkansas Code of 1987
 Provisions for Mercury Containing                                                    Annotated (A.C.A.)
 Equipment. (Checklist 209).                                                          Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      260.10 ``Mercury
                                                                                      containing equipment'',
                                                                                      260.10 ``Universal
                                                                                      Waste'', 261.9(c),
                                                                                      273.1(a)(3), 273.4(b)(1)-
                                                                                      (3), 273.4(c)(1),
                                                                                      273.4(c)(2), 273.9
                                                                                      ``Ampule'', 273.9 ``Large
                                                                                      Quantity Handler of
                                                                                      Universal Waste'', 273.9
                                                                                      ``Mercury containing
                                                                                      device'', 273.9 ``Small
                                                                                      Quantity Handler of
                                                                                      Universal Waste'', 273.9
                                                                                      ``Universal Waste'',
                                                                                      273.13(c) introductory
                                                                                      paragraph, 273.13(c)(1),
                                                                                      273.13(c)(2) introductory
                                                                                      paragraph, 273.13(c)(2)(i)-
                                                                                      (viii), 273.13(c)(3)
                                                                                      introductory paragraph,
                                                                                      introductory paragraph,
                                                                                      273.14(d)(2), 273.32(b)(4)-
                                                                                      (5), 273.33(c)
                                                                                      introductory paragraph,
                                                                                      273.33(c)(1), 273.33(c)(2)
                                                                                      introductory paragraph,
                                                                                      273.33(c)(3) introductory
                                                                                      paragraph, 273.33(c)(3)(i)-
                                                                                      (ii), 273.33(c)(4)(i)
                                                                                      introductory paragraph,
                                                                                      273.34(d)(2), as adopted
                                                                                      June 22, 2012, effective
                                                                                      August 12, 2012.
2. NESHAP: Final Standards for Hazardous   70 FR 59402-59579 October 12, 2005......  Arkansas Code of 1987
 Waste Combustors (Phase I Final                                                      Annotated (A.C.A.)
 Replacement Standards and Phase II).                                                 Sections 8-7-201 through 8-
 (Checklist 212).                                                                     7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      260.11(a), 260.11(c)(1),
                                                                                      266.100(b)(4), 270.6(a),
                                                                                      270.6(b) introductory
                                                                                      paragraph, 270.6(b)(1),
                                                                                      270.6(b)(2), 270.10(n)
                                                                                      introductory paragraph,
                                                                                      270.10(n), 270.10(n)(1)(i)-
                                                                                      (ix), 270.10(n)(2),
                                                                                      270.19(e), 270.22
                                                                                      introductory paragraph,
                                                                                      270.32(b)(3), 270.42(j)(1)-
                                                                                      (3), 270.42(k)(1)
                                                                                      introductory paragraph,
                                                                                      270.42(k)(2) introductory
                                                                                      paragraph, 270.42(k)(2)(i)-
                                                                                      (ii), 270.42, Appendix I
                                                                                      Item L.10, 270.62
                                                                                      introductory, 270.66
                                                                                      introductory paragraph,
                                                                                      270.235(a)(1) introductory
                                                                                      paragraph, 270.235(a)(2)
                                                                                      introductory paragraph,
                                                                                      270.235(b)(1) introductory
                                                                                      paragraph, 270.235(b)(2)
                                                                                      introductory paragraph,
                                                                                      270.235(c) introductory
                                                                                      paragraph, 270.235(c)(1)-
                                                                                      (2), as adopted June 22,
                                                                                      2012 and effective August
                                                                                      12, 2012.
3. Cathode Ray Tubes Rule. (Checklist      71 FR 42928-42949 July 28, 2006.........  Arkansas Code of 1987
 215).                                                                                Annotated (A.C.A.)
                                                                                      Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      260.10 ``Cathode ray
                                                                                      tube'', ``CRT collector'',
                                                                                      ``CRT glass
                                                                                      manufacturer'', ``CRT
                                                                                      261.38, 261.39, 261.40,
                                                                                      261.41, as adopted June
                                                                                      22, 2012, effective August
                                                                                      12, 2012.
4. OECD Requirements, Export Shipments of  75 FR 1236-1262 January 8, 2010.........  Arkansas Code of 1987
 Spent Lead-Acid Batteries. (Checklist                                                Annotated (A.C.A.)
 222).                                                                                Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      262.10(d), 262.55
                                                                                      introductory paragraph,
                                                                                      262.58(a), 262.58(a)(1)-
                                                                                      (2), 262.58(b), 262.80(a),
                                                                                      262.80(b), 262.81
                                                                                      ``Competent authority''
                                                                                      262.81 ``Countries
                                                                                      concerned'', 262.81
                                                                                      ``Country of export,
                                                                                      262.81 ``Country of
                                                                                      import, 262.81 ``Country
                                                                                      of transit'', 262.81
                                                                                      ``Exporter'', 262.81
                                                                                      ``Importer'', 262.81 OECD
                                                                                      area'', 262.81 ``OECD'',
                                                                                      262.81 ``Recognized
                                                                                      trader'', 262.81
                                                                                      ``Recovery facility'',
                                                                                      262.81 ``Recovery
                                                                                      operations'', 262.81
                                                                                      movement'', 262.82(a),
                                                                                      262.82(a)(2)(iii), Note to
                                                                                      Paragraph (a)(2),
                                                                                      262.82(a)(3)(i), Note to
                                                                                      Paragraph (a)(3)(i),
                                                                                      262.82(a)(3)(ii), Note to
                                                                                      Paragraph (a)(3)(ii),
                                                                                      262.82(b), 262.82(b)(1)-
                                                                                      (2), Note to Paragraph
                                                                                      (b)(2), 262.82(b)(3),
                                                                                      262.82(c), 262.82(c)(1),
                                                                                      262.82(c)(2), 262.82(d),
                                                                                      262.82(e), 262.82(e)(1),
                                                                                      262.82(e)(2), 262.82(f),
                                                                                      262.82(f)(5)(i) and (ii),
                                                                                      262.82(g), 262.83(a),
                                                                                      262.83(b), 262.83(b)(1),
                                                                                      262.83(c), 262.83(d),
                                                                                      262.83(d)(1)-(14), Note to
                                                                                      Paragraph (d)(14),
                                                                                      262.83(e), 262.84(a),
                                                                                      262.84(b), 262.84(b)(1)-
                                                                                      (7), 262.84(c)-(e),
                                                                                      262.85(c), 262.85(c)(1)-
                                                                                      (2), 262.85(d)-(e), Note
                                                                                      to Paragraph (e),
                                                                                      262.85(f), 262.85(g), Note
                                                                                      to Paragraph (g),
                                                                                      262.86(a)-(b), 262.87(a),
                                                                                      262.87(a)(6), 262.87(b),
                                                                                      262.87(c), 262.87(c)(1),
                                                                                      262.87(c)(2), 262.88,
                                                                                      262.89(a), 262.89(a)(1)-
                                                                                      (2), 262.89(b)-(d),
                                                                                      263.10(d), 264.12(a)(2),
                                                                                      264.71(a)(3), 264.71(d),
                                                                                      265.71(a)(3), 265.71(d),
                                                                                      266.80(a) table, as
                                                                                      adopted June 22, 2012,
                                                                                      effective August 12, 2012.

[[Page 64681]]

5. Hazardous Waste Technical Corrections   75 FR 12989-13009. March 18 2010, and     Arkansas Code of 1987
 and Clarification. (Checklist 223).        June 4, 2010, 75 FR 31716-31717.          Annotated (A.C.A.)
                                                                                      Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      260.10 ``New hazardous
                                                                                      waste management facility
                                                                                      or ``new facility'', Part
                                                                                      260 Appendix I,
                                                                                      261.2(c),Table 1,
                                                                                      261.5(b), 261.5(e) intro,
                                                                                      261.5(e)(1), 261.5(e)(2),
                                                                                      261.5(e)(2) comment,
                                                                                      261.5(f) intro,
                                                                                      261.5(f)(2), 261.5(g)
                                                                                      intro, 261.5(g)(2),
                                                                                      261.6(a)(3), 261.6(c)(1),
                                                                                      261.6(d), 261.7(a)(1),
                                                                                      261.7(a)(2), 261.7(b)(1),
                                                                                      261.7(b)(3), 261.23(a)(8),
                                                                                      261.30(c)-(d), 261.31(a),
                                                                                      261.32(a) table,
                                                                                      261.33(f), 261, Appendix
                                                                                      VII, 262.10(f), 262.11(d),
                                                                                      262.23(f), 262.23(f)(1),
                                                                                      262.23(f)(2), 262.23(f)(3)-
                                                                                      (4), 262.34(a)(4),
                                                                                      262.34(b), 263.34(c)(1)-
                                                                                      (2), 262.34(d)(4),
                                                                                      262.34(f), 262.34(i),
                                                                                      262.42(c), 262.42(c)(1)-
                                                                                      (2), 262.42(c) Note,
                                                                                      262.60(b), 263.12,
                                                                                      264.52(b), 264.56(d)(2)
                                                                                      introductory text,
                                                                                      264.72(f)(1), 264.72(f)(7)-
                                                                                      (8), 265.56(d)(2)
                                                                                      introductory text,
                                                                                      265.72(f)(1), 265.72(f)(7)-
                                                                                      (8), 266.22, 266.70(d),
                                                                                      266.101(c)(1)-(2), 268.40
                                                                                      table ``Treatment
                                                                                      Standards for Hazardous
                                                                                      Wastes'', 268.48 Universal
                                                                                      Treatment Standards table,
                                                                                      270.4(a), as adopted June
                                                                                      22, 2012, effective August
                                                                                      12, 2012.
6. Removal of Saccharin and its Salts      75 FR 78918-78926 December 17, 2010.....  Arkansas Code of 1987
 from the Lists of Hazardous Wastes                                                   Annotated (A.C.A.)
 (Checklist 225).                                                                     Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      261.33(f)/Table, 261
                                                                                      Appendix VIII'', 268.40
                                                                                      Table, 268 Appendix VII/
                                                                                      Table 1, as adopted June
                                                                                      22, 2012, effective August
                                                                                      12, 2012.
7. Academic Laboratories Generator         75 FR 79304-79308 December 20, 2010.....  Arkansas Code of 1987
 Standards Technical Corrections.                                                     Annotated (A.C.A.)
 (Checklist 226).                                                                     Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      262.200 ``Central
                                                                                      accumulation area'',
                                                                                      262.214(b)(1), as adopted
                                                                                      June 22, 2012, effective
                                                                                      August 12, 2012.
8. Revision of the Land Disposal           76 FR 34147-34157 June 13, 2011.........  Arkansas Code of 1987
 Treatment Standards for Carbamate                                                    Annotated (A.C.A.)
 Wastes. (Checklist 227).                                                             Sections 8-7-201 through 8-
                                                                                      7-226. Arkansas Pollution
                                                                                      Control and Ecology
                                                                                      (APC&E) Regulation Number
                                                                                      23, Hazardous Waste
                                                                                      Management (HWM) Sections
                                                                                      268.40 Table of Treatment
                                                                                      Standards, 268.48 Table of
                                                                                      UTS-Universal Treatment
                                                                                      Standards, as adopted June
                                                                                      22, 2012, effective August
                                                                                      12, 2012.

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements that are more stringent or broader 
in scope than the Federal requirements.

I. Who handles permits after the authorization takes effect?

    The State of Arkansas will issue permits for all the provisions for 
which it is authorized and will administer the permits it issues. The 
EPA will continue to administer any RCRA hazardous waste permits or 
portions of permits which we issued prior to the effective date of this 
authorization. We will not issue any more new permits or new portions 
of permits for the provisions listed in the Table in this document 
after the effective date of this authorization. The EPA will continue 
to implement and issue permits for HSWA requirements for which Arkansas 
is not yet authorized.

J. How does today's action affect Indian Country (8 U.S.C. 1151) in 

    The State of Arkansas Hazardous Program is not being authorized to 
operate in Indian Country.

K. What is codification and is the EPA codifying Arkansas' hazardous 
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. We do this by referencing the authorized State 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, 
subpart E for this authorization of Arkansas' program changes until a 
later date. In this authorization application the EPA is not codifying 
the rules documented in this Federal Register notice.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. The 
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is 
also exempt from review under Executive Order 12866 (56 FR 51735, 
October 4, 1993). This action authorizes State requirements for the 
purpose of RCRA 3006 and imposes no additional requirements beyond 
those imposed by State law. Accordingly, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this action authorizes preexisting requirements under 
State law and does not impose any additional enforceable duty beyond 
that required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same 
reason, this action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely authorizes State requirements as part of the State 
RCRA hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for the EPA, when it 
reviews a State authorization application to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the Executive 
Order. This rule does not impose an information collection burden under 

[[Page 64682]]

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. The EPA will submit a report containing 
this document and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This action will be effective December 30, 2014.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

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

    Dated: August 22, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014-25724 Filed 10-30-14; 8:45 am]