[Federal Register: August 15, 2007 (Volume 72, Number 157)]
[Rules and Regulations]
[Page 45663-45670]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au07-18]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-8455-5]
Arkansas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: 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 immediate 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 October 15,
2007 unless the EPA receives adverse written comment by September 14,
2007. If the EPA receives such comment, it will publish a timely
withdrawal of this immediate 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:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: patterson.alima@epa.gov.
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
[[Page 45664]]
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 e-mail. 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 e-mail comment
directly to the EPA without going through regulations.gov, your e-mail
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
advance.
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
1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
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 subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Arkansas has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which Arkansas is being
authorized by today's action are 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, 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, and April 24, 2002 (67 FR 20038), effective June 24, 2002. The
authorized Arkansas RCRA program was incorporated by reference into the
Code of Federal Regulations effective December 13, 1993 (58 FR 52674).
On August 1, 2006, Arkansas submitted a final complete program revision
[[Page 45665]]
application seeking authorization of its program revision in accordance
with 40 CFR 271.21.
The Arkansas Department of Pollution Control and Ecology (ADPC&E),
revised its Regulation Number 23 from one of ``incorporation by
reference'' to the adoption and incorporation of a version of the full
text of the Federal regulatory language in April 1994. The specific
authorities provided are contained in statutes and regulations lawfully
adopted at the time the Independent Counsel signed the certification
which are in effect now. The statutory authorities for the State are
documented in the Arkansas RCRA Statutory Checklists, dated July 31,
2006. The provisions for which the State is seeking authorization are
documented in this Federal Register Notice. The official State
regulations are found in Arkansas Pollution Control and Ecology
Commission Regulations Number 23 (Hazardous Waste Management), adopted
on December 9, 2005, and effective on March 23, 2006. All previous
authorization applications have not been amended, notified or revised
by statute or judicial decision in a way that diminishes and interferes
with the authority to carry out the previously authorized hazardous
waste program to meet the requirements of Code of Federal Regulations
part 271.
The provisions for which the State is seeking authorization are
documented in the Rule Revision Checklists 194 through 207, known
collectively as RCRA Clusters X through XV which are listed in the
chart in this document.
Reference to Arkansas Code Annotate (A.C.A.) of 1987, as amended
and effective in August 2005. Reference to Arkansas of Pollution
Control and Ecology Commission (APC&EC) Regulations Number 23
(Hazardous Waste Management) (formerly titled the Arkansas Hazardous
Waste Management Code), last amended on December 9, 2005, to adopt all
final rules promulgated by EPA through June 30, 2005 and which was
effective March 23, 2006. Dates of enactment and adoption for other
statutes or regulations are given when cited on the Rule Revision
Checklists submitted to EPA Region 6.
G. What Changes Are We Approving With Today's Action?
On August 1, 2006, the State of Arkansas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate 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
State of Arkansas revisions consist of regulations which specifically
govern Federal Hazardous Waste revisions promulgated from July 1, 1999
to June 30, 2005 (RCRA Clusters X-XV). Arkansas requirements are
included in a chart with this document.
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include (and/or RCRA Analogous state
checklist , if statutory authority
relevant) authority)
------------------------------------------------------------------------
1. Land Disposal Restrictions 64 FR 56469- Arkansas Code of 1987
Phase IV--Technical 56472, effective Annotated (A.C.A.)
Correction. (Checklist 183). October 20, 1999. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.32,
262.34(a)(4),
268.7(a)(iii),
268.40(j), 268.40/
Table,
268.49(c)(1)(A)-(B),
as amended December
9, 2005 effective
March 23, 2006.
2. Accumulation Time for Waste 65 FR 12378- Arkansas Code of 1987
Water Treatment Sludges. 12398, effective Annotated (A.C.A.)
(Checklist 184). March 8, 2000. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 262.34(a)4,
262.34(g) intro,
262.34(g)(1),
262.34(g)(2)-(3),
262.34(g)(4),
262.34(g)(4)(i)(A)-(
B), 262.34(g)(i)(C)
intro,
262.34(g)(C)(1)-(2),
262.34(g)(4)(ii)-(iv
), 262.34(g)(4)(v),
262.34(h)-(i) as
amended December 9,
2005 effective March
23, 2006.
3. Organobromine Production 65 FR 14472- Arkansas Code of 1987
Waste Vacatur. (Checklist 14475, March 17, Annotated (A.C.A.)
185). 2000. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.32(f)/
Table, 261
Appendices VII and
VIII, 268.33, 268.40/
Table; as amended
December 9, 2005,
effective March 23,
2006.
4. Petroleum Refining Process 64 FR 36365- Arkansas Code of 1987
Waste-Clarification. 36367, June 8, Annotated (A.C.A.)
(Checklist 187). 2000. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.31(a)/
Table, 268 and
Appendix VII; as
amended December 9,
2005, effective
March 23, 2006.
5. Hazardous Air Pollutant 65 FR 42292- Arkansas Code of 1987
Standards; Technical 42302, July 10, Annotated (A.C.A.)
Corrections. (Checklist 188). 2000. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
261.38(c)(2)(iv),
264.340(b)(1),
264.340(b)(3), and
270.42(j)(1); as
amended December 9,
2005, effective
March 23, 2006.
6. Chlorinated Aliphatics 65 FR 67068- Arkansas Code of 1987
Listing and LDRs for Newly 67133, November Annotated (A.C.A.)
Identified Wastes. (Checklist 8, 2000. as amended,
189). effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.32, 261
Appendices VII and
VIII, 268.33(a),
268.33(b) intro,
268.33(b)(1)-(5),
268.33(c)-(d) intro,
268.33(d)(1)-(2),
268.40/Table, and
268.48(a)/Table; as
amended December 9,
2005, effective
March 23, 2006.
[[Page 45666]]
7. Land Disposal Restrictions 65 FR 81373- Arkansas Code of 1987
Phase IV--Deferral for PCBs 81381, December Annotated (A.C.A.)
in Soil. (Checklist 190). 26, 2000. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 268.32(a),
268.32(b) intro,
268.32(b)(i)-(ii),
268.32(b)(3),
268.32(b)(4) and
268.48(a)/Table UST;
as amended December
9, 2005, effective
March 23, 2006.
8. Mixed Waste Rule. 66 FR 27218- Arkansas Code of 1987
(Checklist 191). 27266, May 16, Annotated (A.C.A.)
2001. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 266.210
intro, 266.210,
266.220, 266.225,
266.230(a),
266.230(b) intro,
266.230(b)(1)-(5),
266.235, 266.240(a)
intro, 266.240(a)(1)
intro, 266.240(a)(i)-
(iii),
266.240(a)(2),
266.240(b),
266.245(a) intro,
266.245(a)(1),
266.245(a)(2) intro,
266.245(a)(2)(i)-(iv
), 266.245(b),
266.250(a) intro,
266.250(a)(1)-(4),
266.250(b),
266.255(a)-(b),
266.260, 266.305,
266.310 intro,
266.310(a)-(b),
266.315 intro,
266.315(a)-(d),
266.320, 266.325,
266.330 intro,
266.330(a)-(d),
266.335, 266,
266.340 intro,
266.340(a)-(c),
266.345(a),
266.345(b) intro,
266.345(b)(1)-(7),
266.350 intro,
266.350(a)-(e),
266.355(a) intro,
266.355(a)(1)(i)-(ii
i), 266.355(a)(2),
266.355(b),
266.360(a) intro,
266.360(a)(1),
266.360(a)(2) intro,
266.360(a)(2)(i)-(iv
) and 266.360(b); as
amended December 9,
2005 effective March
23, 2006.
9. Mixture and Derived--From 66 FR 27266- Arkansas Code of 1987
Rules Revisions. (Checklist 27297, May 16, Annotated (A.C.A.)
192 A). 2001. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
261.3(a)(2)(iii),
261.3(a)(2)(iv),
261.3(c)(2)(i),
261.3(g)(1)-(2),
261.3(g)(2)(i)-(ii),
261.3(g)(3),
261.3(h)(1),
261.3(h)(2),
261.3(h)(2),
261.3(h)(2)(i)-(ii),
261.3(h)(3); as
amended December 9,
2005 effective March
23, 2006.
10. Land Disposal Restrictions 66 FR 27266- Arkansas Code of 1987
Corrections. (Checklist 192 27297, May 16, Annotated (A.C.A.)
B). 2001. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections Appendix
VII/Table 1; as
amended December 9,
2005 effective March
23, 2006.
11. Change of Official EPA 66 FR 34374- Arkansas Code of 1987
Mailing Address. (Checklist 34376, June 28, Annotated (A.C.A.)
193). 2001. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
260.11(a)(11); as
amended December 9,
2005 effective March
23, 2006.
12. Mixed and Derived-From 66 FR 50332- Arkansas Code of 1987
Rules Revision II. (Checklist 50334, October, Annotated (A.C.A.)
194). 3, 2001. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
261.3(a)(2)(iv)(A-G)
, and 261.3(g)(4);
as amended December
9, 2005 effective
March 23, 2006.
13. Inorganic Chemical 66 FR 58258, Arkansas Code of 1987
Manufacturing Waste November 20, Annotated (A.C.A.)
Identification and Listing. 2001; 67 FR as amended,
(Checklist 195). 17119-17120, effective August
April 9, 2002. 2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
261.4(b)(15),
261.4(b)(15)(i),
261.4(b)(15)(ii)-(iv
), 261.4(b)(15)(v),
261.32, 261 Appendix
VII, 268.36(a),
268.36(b) intro,
268.36(b)(1),
268.36(b)(2)-(5),
and 268.36(c); as
amended December 9,
2005 effective March
23, 2006.
[[Page 45667]]
14. Corrective Action 67 FR 2962-3029, Arkansas Code of 1987
Management Units Amendments. January 22, 2002. Annotated (A.C.A) as
(Checklist 196). amended, effective
August 2005.
Arkansas Pollution
Control and Ecology
(APC&E) Regulation
Number 23,
(Hazardous Waste
Management) (HWM)
Sections 260.10,
268.40/Table,
264.550(a)-(b),
264.551, 264.551(a)
intro, 264.552(a),
264.552(a)(1),
264.552(a)(1)(i)-(ii
),
264.552(a)(1)(ii)(A)
-(B),
264.552(a)(1)(iii),
264.552(a)(2)-(3),
264.552(a)(3)(i)-(iv
), 264.552(a)(4)-
(5), 264.552(b)(1),
264.552(b)(1)(i)-(ii
), 264.552(b)(2),
264.552(c),
264.552(c)(1)-(7),
264.552(d),
264.552(d)(1)-(3),
264.552(e),
264.552(e)(1)-(3),
264.552(e)(3)(i)-(ii
),
264.552(e)(3)(ii)(A)
-(B), 264.552(e)(4),
264.552(e)(4)(i),
264.552(e)(4)(i)(A),
264.552(e)(3)(ii)(A)
-(B), 264.552(e)(4),
264.552(e)(4)(i),
264.552(e)(4)(i)(A),
264.552(e)(4)(i)(A)(
1)-(2),
264.552(e)(4)(i)(B)-
(C),
264.552(e)(4)(ii)-(i
v),
264.552(e)(4)(iv)(A)
-(F),
264.552(e)(4)(v),
264.552(e)(v)(A)-(E)
,
264.552(e)(4)(v)(E)(
1)-(5),
264.552(e)(4)(vi)-(v
ii), 264.552(e)(5),
264.552(e)(5)(i)-(ii
i), 264.552(e)(6),
264.552(e)(6)(i),
264.552(e)(6)(i)(A)-
(B),
264.552(e)(6)(ii)(A)
-(B),
264.552(e)(6)(iii),
264.552(e)(6)(iii)(A
)-(F),
264.552(e)(6)(iv),
264.552(e)(6)(iv)(A)
,
264.552(e)(6)(iv)(A)
(1)-(5),
264.552(e)(6)(iv)(B)
, 264.552(e)(6)(v),
264.552(f),
264.552(f)(1)-(2),
264.552(f)(i)-(ii),
264.552(g)-(h),
264.552(i),
264.552(j),
264.552(k),
264.554(a)(1)-(2),
264.555(a),
264.555(a)(1),
264.555(a)(2),
264.555(a)(i)-(ii),
264.555(a)(2)(iii),
264.555(a)(3),
264.555(b)-(e),
264.555(e),
264.555(e)(1)-(6),
and 264.555(f)-(g);
as amended December
9, 2005 effective
March 23, 2006.
15. Hazardous Air Pollutant 67 FR 6792-6818, Arkansas Code of 1987
Standards for Combustors: February 13, Annotated (A.C.A.)
Interim Standards. (Checklist 2002. as amended,
197). effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
264.340(b)(1),
264.340(b)(4),
264.340(b)(i)-(ii),
265.340(b)(1),
265.340(b)(3),
264.340(b)(1),
264.340(b)(1),
264.340(b)(1),
266.100(b)(20)(i)-(v
), 270.19(e), 270.62
intro, 270.66 intro,
270.235(a),
270.235(a)(1),
270.235(a)(1)(i),
270.235(a)(1)(i)(A)-
(B),
270.235(a)(1)(ii)270
.235(a)(1)(ii)(A),
270.235(a)(1)(ii)(A)
(1)-(B),
270.235(a)(1)(ii)(B)
(1)-(2),
270.235(a)(1)(ii)(B)
(2)(i)-(ii),
270.235(a)(1)(iii),
270.235(a)(1)-(iii)(
A)-(B),
270.235(a)(2),
270.235(a)(2)(i),
270.235(a)(2)(i)(A)(
1),
270.235(a)(2)(i)(A)(
2),
270.235(a)(2)(ii),
270.235(a)(2)(ii)(A)
,
270.235(a)(2)(ii)(A)
(1)-(2),
270.235(a)(2)(ii)(B)
(2)(i)-(ii),
270.235(a)(2)(iii),
270.235(a)(iii)(A)-(
B), 270.235(b),
270.235(b)(1)(i)-(ii
), and
270.235(b)(2); as
amended December 9,
2005 effective March
23, 2006.
16. Hazardous Air Pollutant 67 FR 6968-6996, Arkansas Code of 1987
Standards for Combustors: February 14, Annotated (A.C.A.)
Corrections. (Checklist 198). 2002. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 266.100(a),
266.100(b)(1),
266.100(b)(1),
266.100(d)(1)(i)(B),
266.100(d)(2)(i),
266.100(d)(2)(ii),
266.100(d)(3) intro,
266.100(d)(3)(i)
intro,
266.100(d)(3)(i)(D),
and 270.42(j)(1),
261.24(a); as
amended December 9,
2005 effective March
23, 2006.
17. Vacatur of Mineral 67 FR 11251- Arkansas Code of 1987
Processing Spent Materials 11254, March 13, Annotated (A.C.A.)
Being Reclaimed as Solid 2002. as amended,
Waste and TCLP Use with MGP effective August
Waste. (Checklist 199). 2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections
261.2(c)(3),
261.4(a)(17),
261.4(a)(17)(i)-(iv)
,
261.4(a)(17)(iv)(A)-
(C), 261.4(a)(17)(v)-
(vi); as amended
December 9, 2005
effective March 23,
2006.
18. Zinc Fertilizer Rule. 67 FR 48393- Arkansas Code of 1987
(Checklist 200). 48415, July 24, Annotated (A.C.A.)
2002. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.4,
261.4(a)(20),
261.4(a)(i)-(ii),
261.4(a)(20)(ii)(A)-
(B),
261.4(a)(20)(ii)(B)(
1)-(3),
261.4(a)(20)(ii)(C)-
(D),
261.4(a)(20)(ii)(D)(
1)-(3),
261.4(a)(20)(iii),
261.4(a)(20)(iii)(A)
-(D), 261.4(a)(iv)-
(v), 261.4(a)(21),
261.4(a)(21)(i),
261.4(a)(21)(i)(A)-(
B), 261.4(a)(21)(ii)-
(iii),
261.4(a)(21)(iii)(A)
-(F), 266.20,
266.20(d),
266.20(d)(1)-(2),
and 268.40; as
amended December 9,
2005 effective March
23, 2006.
19. Treatment Variance for 67 FR 62618- Arkansas Code of 1987
Radioactively Contaminated 62624, October Annotated (A.C.A.)
Batteries. (Checklist 201). 7, 2002. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Section 268.40/
Table; as amended
December 9, 2005
effective March 23,
2006.
[[Page 45668]]
20. Hazardous Air Pollutant 67 FR 77687- Arkansas Code of 1987
Standards for Combustors-- 77692, December Annotated (A.C.A.)
Corrections 2. (Checklist 19, 2002. as amended,
202). effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 270.19(e),
270.22 intro, 270.62
intro, 270.66 intro;
as amended December
9, 2005 effective
March 23, 2006.
21. Recycled Used Oil 68 FR 44659- Arkansas Code of 1987
Management Standards; 44665, July 30, Annotated (A.C.A.)
Clarification. (Checklist 2003. as amended,
203). effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.5(j),
279.10, 279.10(j),
279.74, 279.74(b),
279.74(b)(1)-(4); as
amended December 9,
2005 effective March
23, 2006.
22. Performance Track. 69 FR 21737- Arkansas Code of 1987
(Checklist 204). 21754, April 22, Annotated (A.C.A.)
2004. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 262.34,
262.34(j),
262.34(j)(1)-(2),
262.34(j)(2)(i)-(iv)
, 262.34(j)(3),
262.34(j)(3)(i)-(iv)
, 262.34(j)(4)-(5),
262.34(j)(5)(i)-(ii)
, 262.34(j)(6)-(9),
262.34(j)(9)(i)-(iv)
, 262.34(k),
262.34(k)(1); as
amended December 9,
2005 effective March
23, 2006.
23. NESHAP: Surface Coating of 69 FR 22601- Arkansas Code of 1987
Automobiles and Light-Duty 22661, April 26, Annotated (A.C.A.)
Trucks. (Checklist 205). 2004. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 264.1050,
264.1050(h),
265.1050,
265.1050(g); as
amended December 9,
2005 effective March
23, 2006.
24. Nonwastewaters from Dyes 70 FR 9138-9180, Arkansas Code of 1987
and Pigments. (Checklist 206). February 24, Annotated (A.C.A.)
2005. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 261.4,
261.4(b)(15),
261.4(b)(15)(i)-(v),
261.32, 261.32(a)-
(d), 261.32(d)(1)-
(2), 261.32(d)(2)(i)-
(iv),
261.32(d)(2)(iv)(A)-
(C), 261.32(d)(3),
261.32(d)(3)(i)-(iii
),
261.32(d)(3)(iii)(A)
-(D),
261.32(d)(3)(iv),
261.32(d)(3)(iv)(A)-
(B), 261.32(d)(3)(v)-
(viii),
261.32(d)(ix)-(x),
261.32(d)(x)(A)-(D),
261.32(d)(3)(xi),
261.32(d)(xi(A)-(C),
261.32(d)(4)-(5),
261 Appendices VII
and VIII, 268.20,
268.20(a)-(b),
268.20(b)(1)-(5),
268.20(c), 268.40/
Table; as amended
December 9, 2005
effective March 23,
2006.
25. Uniform Hazardous Waste 70 FR 10776- Arkansas Code of 1987
Manifest Rule. (Checklist 10825, March 4, Annotated (A.C.A.)
207). 2005. as amended,
effective August
2005. Arkansas
Pollution Control
and Ecology (APC&E)
Regulation Number
23, (Hazardous Waste
Management) (HWM)
Sections 260.10,
261.7(b)(1)(iii)(A)-
(B), 262.20,
262.20(a)(1),
262.20(a)(2),
262.21, 262.21/
Section heading,
262.21(a)(1)-(2),
262.21(b),
262.21(b)(1)-(5),
262.21(5)(i)-(iii),
262.21(b)(6)-(8),
262.21(c),
262.21(d)(1),
262.21(d)(2),
262.21(d)(2)(i)-(iv)
, 262.21(d)(3),
262.21(e)-(f),
262.21(f)(1)-(6),
262.21(f)(6)(i)-(vi)
, 262.21(f)(7),
262.21(f)(7)(i),
262.21(f)(7)(i)(A)-(
C),
262.21(f)(7)(ii),
262.21(f)(7)(ii)(A)-
(C), 262.21(g)(1),
262.21(g)(1)(i)-(iv)
, 262.21(g)(2),
262.21(h)(1)-(3),
262.21(i)-(k),
262.21(1),
262.21(m)(1),
262.21(m)(1)(i)-(ii)
, 262.21(m)(2),
262.27, 262.27
heading, 262.27(a)-
(b), 262.32,
262.32(b), 262.33,
262.34, 262.34(m),
262.34(m)(1)-(2),
262.54, 262.54(c),
262.54(e), 262.60,
262.60(c)-(e), 262/
Appendix, 262/
Appendix/8700-22,
262/Appendix 8700-22/
I. Instructions for
Generators, 262/
Appendix/8700-22/II,
Instructions for
International
Shipment Block, 262/
Appendix/8700-22/
III, Instructions
for Transporters,
262/Appendix 8700-22/
IV, Instructions for
Owners and Operators
of Treatment,
Storage, and
Disposal Facilities,
262/Appendix 8700-
22A/Continuation
Sheet, 263.20,
263.20(a)(1),
263.20(a)(2)-(3),
263.20(g),
263.20(g)(1)-(4),
263.21, 263.21(b)(1)-
(2), 263.21(b)(2)(i)-
(ii), 264.70,
264.70(a)-(b),
264.71, 264.71(a)(1)-
(2), 264.71(a)(2)(i)-
(v), 264.71(a)(3),
264.71(b)(4),
264.71(e), 264.72,
264.72(a),
264.72(a)(1)-(3),
264.72(b)-(c),
264.72(d)(1)-(2),
264.72(e),
264.72(e)(1)-(7),
264.72(f),
264.72(f)(1),
264.72(f)(7),
264.72(g), 264.76,
264.76(a),
264.76(a)(1)-(7),
264.76(b), 265.70,
265.70(a)-(b),
265.71, 265.71(a)(1)-
(2), 265.71(a)(2)(i)-
(v), 265.71(a)(3)-
(4), 265.71(f),
265.72, 265.72(a),
265.72(a)(1)-(3),
265.72(b)-(c),
265.72(d)(1)-(2),
265.72(e),
265.72(e)(1)-(7),
265.72(f),
265.72(f)(1)-(7),
265.72(f)(7),
265.72(g), 265.76,
265.76(a)-(g); as
amended December 9,
2005 effective March
23, 2006.
------------------------------------------------------------------------
[[Page 45669]]
H. Where Are the Revised State Rules Different From the Federal Rules?
The State of Arkansas does not have an analog to 40 CFR 262.20(e)
which allows generators under certain specified conditions not to be
subject to the manifest requirements. This difference makes the State
provisions more stringent than the Federal regulations. The State does
not have an analog to 40 CFR 262.44 which subjects generators of
between 100 and 1000 kilograms per month to reduced recordkeeping
requirements. This difference makes the State program more stringent
than the Federal program. The State does not have direct statutory
analogs to RCRA sections 3004(d)-(k) and (m) which specifically
addresses land disposal restrictions. Instead, the State has a number
of very broad authorities to implement a hazardous waste management
program. Those authorities which are most relevant to the land disposal
restrictions include A.C.A. Sections 8-7-209(a)(10) which gives the
Department the authority to establish polices and standards for
effective hazardous waste management. Universal Treatment Standards
268.48/Table, and Generator's EPA Identification (ID) Number, ADEQ
inadvertently left the entries in Regulations 23 which the State will
add in the fall 2006 to update its regulations. Therefore, the
Universal Treatment Standards 268.48/Table and the Generator's EPA ID
will not be part of this authorization Federal Register notice.
To provide additional authority for corrective and remedial actions
that would be consistent on a statewide basis at active or inactive
sites, the State additionally cite to provisions of the Remedial Action
Trust Fund Act (Act 479 of 1985, as amended, Ark Code, Ann. Sections 8-
7-501 et seq. hereafter (RATFA)), provides ADEQ with broad authority to
compel a site investigation and clean-up. While illustrative of the
State's overall authority to perform corrective action and order
remedial actions, the EPA is supportive of the States having broad
authority to protect human health and the environment, but those
additional authorities are not being approved as part of Arkansas'
federally authorized RCRA corrective action program and are considered
State only programs.
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 ADEQ is
not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Arkansas?
The State of Arkansas Hazardous Program is not being authorized to
operate in Indian Country.
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. 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
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this
[[Page 45670]]
document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective October 15, 2007.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 25, 2007.
Lawrence Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E7-16009 Filed 8-14-07; 8:45 am]
BILLING CODE 6560-50-P