

[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
