
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53025-53031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18433]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2016-0176; FRL-9950-13-Region 6]


Arkansas: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The State of Arkansas has applied to the United States 
Environmental Protection Agency (EPA) for final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for final authorization, and is 
authorizing the State's changes through this direct final rule. In the 
``Proposed Rules'' section of this Federal Register, EPA is also 
publishing a separate document that serves as the proposal to authorize 
these changes. EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives 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 EPA receives comments that oppose this action, EPA 
will publish a

[[Page 53026]]

document in the Federal Register withdrawing this direct final rule 
before it takes effect, and the separate document in the ``Proposed 
Rules'' section of this Federal Register will serve as the proposal to 
authorize the changes.

DATES: This final authorization is effective on October 11, 2016 unless 
the EPA receives adverse written comment by September 12, 2016. If the 
EPA receives such comment, EPA will publish a timely withdrawal of this 
direct final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: patterson.alima@epa.gov.
     Fax: (214) 665-6762 (prior to faxing, please notify Alima 
Patterson at (214) 665-8533).
     Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, RCRA Permit Section (RPM), Multimedia Planning and 
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas Texas 
75202-2733.
     Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, RCRA Permit 
Section (RPM), Multimedia Planning and Permitting Division, EPA Region 
6, 1445 Ross Avenue, Dallas Texas 75202-2733.
    Instructions: EPA must receive your comments by September 12, 2016. 
Direct your comments to Docket ID Number EPA-R06-RCRA-2016-0176. The 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI), or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov, or email. The 
Federal regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, the EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If the EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. (For additional 
information about the EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.)
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov, or in hard copy.
    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 
(ADEQ), 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, RCRA Permit Section (RPM), Multimedia 
Planning and Permitting Division, (214) 665-8533, EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, and email address 
patterson.alima@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 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 CFR parts 124, 260 
through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) take effect in authorized States 
at the same time that they take effect in unauthorized States. Thus, 
the EPA will implement those requirements and prohibitions in the State 
of Arkansas, including the issuance of new permits implementing those 
requirements, until the State is granted authorization to do so.

II. What decisions has the EPA made in this rule?

    On November 30, 2015, Arkansas submitted a final complete program 
revision application seeking authorization of changes to its hazardous 
waste program that correspond to certain Federal rules promulgated 
between October 4, 2005 and January 3, 2014, including the adoption of 
portions of RCRA Clusters XVI and XVII, and RCRA Clusters XXII and 
XXIII (Checklists 211, 213, 214, and 228 through 232). The EPA 
concludes that Arkansas' application to revise its authorized program 
meets all of the statutory and regulatory requirements established by 
RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 
CFR part 271. Therefore, the EPA grants Arkansas final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application, and as outlined below in Section G of this 
document. The State of Arkansas has responsibility for permitting 
treatment, storage, and disposal facilities (TSDFs) 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 HSWA, as discussed above. 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.

[[Page 53027]]

III. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Arkansas subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Arkansas has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but the EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions 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 this action are already effective under State law, and 
are not changed by this action.

IV. Why is EPA using a direct final rule?

    Along with this direct final rule, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this Federal Register 
that serves as the proposal to authorize these State program changes. 
The EPA did not publish a proposal before this rule because EPA views 
this as a routine program change and do not expect comments. The EPA 
also views the Arkansas program revisions as noncontroversial action 
and anticipates no adverse comment.
    EPA is providing an opportunity for public comment now, as 
described in Section E of this document.

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

    If the EPA receives comments that oppose this authorization, EPA 
will withdraw this direct final 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 section, after considering 
all comments received during the comment period. EPA 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 EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA 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.

VI. For what has Arkansas previously been authorized?

    Arkansas initially received final authorization on January 25, 
1985, (50 FR 1513) to implement its Base Hazardous Waste Management 
program. Arkansas received authorization for revisions to its program 
on January 11, 1985 (50 FR 1513), effective January 25, 1985; March 27, 
1990 (55 FR 11192), effective May 29, 1990; September 18, 1991 (56 FR 
47153), effective November 18, 1991; October 5, 1992 (57 FR 45721), 
effective December 4, 1992; October 7, 1994 (59 FR 51115), effective 
December 21, 1994; April 24, 2002 (67 FR 20038), effective June 24, 
2002; and August 15, 2007 (72 FR 45663), effective October 15, 2007. 
The authorized Arkansas RCRA program was incorporated by reference into 
the Code of Federal Regulations effective December 13, 1993 (58 FR 
52674); June 28, 2010 (75 FR 36538), effective August 27, 2010; August 
10, 2012 (77 FR 47779), effective October 9, 2012; and October 31, 2014 
(79 FR 64678), effective December 30, 2014. The authorized Arkansas 
RCRA program was incorporated by reference into the Code of Federal 
Regulations October 12, 1993 (58 FR 52674) effective December 13, 1993; 
June 20, 1995 (60 FR 32112) effective August 21, 1995; June 28, 2010 
(75 FR 36538) effective August 27, 2010; October 2, 2014 (79 FR 59438) 
effective December 1, 2014; January 29, 2016 (81 FR 4961) effective 
March 29, 2016. On November 30, 2015, Arkansas submitted a final 
complete program revision application seeking authorization of its 
program revision in accordance with 40 CFR 271.21.
    The ADEQ has re-organized its agency and division's program areas 
and subunits, but all duties and responsibilities remain the same. Any 
differences between the State's provisions and the Federal provisions 
are noted on the individual revision Checklists. The official State 
regulations may be found in Arkansas Pollution Control and Ecology 
Commission Regulation Number 23 (Hazardous Waste Management), last 
amended September 25, 2015, effective October 18, 2015.
    The provisions for which the State is seeking authorization are 
documented in the Rule Revision Checklists 211, 213, 214, and 228 
through 232, which are portions of RCRA Clusters XVI and XVII, and RCRA 
Clusters XXII and XXIII. Reference to Arkansas Code Annotate (A.C.A) of 
1987, Annotated, as amended August 2015. Reference to Arkansas 
Pollution Control and Ecology Commission (APC&EC) Regulations Number 
23, (Hazardous Waste Management) (formerly titled the Arkansas 
Hazardous Waste Management Code), last amended September 25, 2015, to 
adopt all final rules promulgated by the EPA through June 26 2014, 
which became, effective on October 18, 2015. Dates of enactment and 
adoption for other statutes or regulations are given when cited.

VII. What changes is the EPA authorizing with this action?

    On November 30, 2015, the State of Arkansas submitted a final 
complete program revision application, seeking authorization of their 
changes in accordance with 40 CFR 271.21. We now make a direct final 
decision, subject to receipt of written comments that oppose this 
action, that the State of Arkansas' hazardous waste program revision is 
equivalent to, consistent with, and no less stringent than the Federal 
program, and therefore satisfies all of the requirements necessary to 
qualify for final authorization. Therefore, the EPA grants the State of 
Arkansas final authorization for portions of RCRA Clusters XVI and 
XVII, and RCRA Clusters XXII and XXIII (Checklists 211, 213, 214, and 
228 through 232). The State of Arkansas program revisions consist of 
regulations which specifically govern Federal Hazardous Waste revisions 
promulgated October 4, 2005, April 4, 2006, July 14, 2006, April 13, 
2012, and July 2013 through June 2014, which are listed in a chart 
below.

[[Page 53028]]



------------------------------------------------------------------------
                               Federal Register
   Description of Federal     date and page (and/     Analogous state
    requirement (include       or RCRA statutory         authority
  checklist #, if relevant)       authority)
------------------------------------------------------------------------
1. Revision of Wastewater     70 FR 57769-57785   Arkansas Code of 1987
 Treatment Exemptions for      October 4, 2005.    Annotated (A.C.A.)
 Hazardous Waste Mixtures                          Sections 8-7-201
 (``Headworks exemptions'').                       through 8-7-226.
 (Checklist 211).                                  Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections
                                                   261.3(a)(2)(iv)(A),
                                                   (B), (D), (F), and
                                                   (G), as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
2. Burden Reduction           71 FR 16862-16915   Arkansas Code of 1987
 Initiative. (Checklist 213).  April 4, 2006.      Annotated (A.C.A.)
                                                   Sections 8-7-201
                                                   through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections
                                                   260.31(b)(2)-(b)(7),
                                                   261.4(a)(9)(iii)(E),
                                                   261.4(f)(9),
                                                   264.15(b)(4),
                                                   264.16(a)(4),
                                                   264.52(b), 264.56(i),
                                                   264.73(b)
                                                   introductory
                                                   paragraph, (b)(1),
                                                   (b)(2), (b)(6),
                                                   (b)(8), (b)(10),
                                                   (b)(18), and (19),
                                                   264.98(d),
                                                   264.98(g)(2) and
                                                   (g)(3), 264.99(f) and
                                                   (g), 264.100(g),
                                                   264.113(e)(5),
                                                   264.115 \1\, 264.120
                                                   \1\, 264.143(i) \1\,
                                                   264.145(i) \1\,
                                                   264.147(e) \1\,
                                                   264.174, 264.191(a)
                                                   \1\,
                                                   264.191(b)(5)(ii)
                                                   \1\, 264.192(a)
                                                   introductory
                                                   paragraph \1\ and (b)
                                                   introductory
                                                   paragraph \1\,
                                                   264.193(a)(1) and
                                                   (a)(2), 264.193(i)(2)
                                                   \1\, 264.195(b)-(g),
                                                   264.196(f) \1\,
                                                   264.251(c)
                                                   introductory
                                                   paragraph, 264.280(b)
                                                   \1\, 264.314,
                                                   264.343(a)(2),
                                                   264.347(d),
                                                   264.554(c)(2) \1\,
                                                   264.571(a)-(c) \1\,
                                                   264.573(a)(4)(ii)
                                                   \1\, 264.573(g) \1\,
                                                   264.574(a) \1\,
                                                   264.1061(b)(1) and
                                                   (b)(2), 264.1062(a),
                                                   264.1100 introductory
                                                   paragraph,
                                                   264.1101(c)(2) \1\,
                                                   265.15(b)(4),
                                                   265.16(a)(4),
                                                   265.52(b), 265.56(i),
                                                   265.73(b)
                                                   introductory
                                                   paragraph,
                                                   265.73(b)(1) and
                                                   (b)(2), 265.73(b)(6)-
                                                   (8), 265.73(b)(15),
                                                   265.90(d)(1) and
                                                   (d)(3), 265.93(d)(2)
                                                   and (d)(5),
                                                   265.113(e)(5),
                                                   265.115 \1\, 265.120
                                                   \1\, 265.143(h) \1\,
                                                   265.145(h) \1\,
                                                   265.147(e) \1\,
                                                   265.174, 265.191(a)
                                                   \1\,
                                                   265.191(b)(5)(ii)
                                                   \1\, 265.192(a)
                                                   introductory
                                                   paragraph \1\ and (b)
                                                   introductory
                                                   paragraph \1\,
                                                   265.193(a)(1)-(2),
                                                   265.193(i)(2) \1\,
                                                   265.195(a)-(c),
                                                   265.195(e)-(g),
                                                   265.196(f) \ 1\,
                                                   265.201(c)
                                                   introductory
                                                   paragraph,
                                                   265.201(d),
                                                   265.201(f)-(h),
                                                   265.221(a), 265.224,
                                                   265.259(a),
                                                   265.280(e) \1\,
                                                   265.301(a),
                                                   265.303(a), 265.314,
                                                   265.441(a)-(c) \1\,
                                                   265.443(a)(4)(ii)
                                                   \1\, 265.443(g) \ 1\,
                                                   265.444(a) \1\,
                                                   265.1061(b)(1) and
                                                   (b)(2), 265.1061(d),
                                                   265.1062(a), 265.1100
                                                   introductory
                                                   paragraph,
                                                   265.1101(c)(2) \1\,
                                                   266.102(e)(10),
                                                   266.103(d) and (k),
                                                   268.7(a)(1) and
                                                   (a)(2), 268.7(b)(6),
                                                   268.9(a) and (d),
                                                   270.14(a) \1\,
                                                   270.16(a) \1\,
                                                   270.26(c)(15) \1\,
                                                   and 270.42 Appendix
                                                   I, Item O except Item
                                                   O.1, as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
3. Correction to Errors in    71 FR 40254-40280   Arkansas Code of 1987
 the Code of Federal           July 14, 2006.      Annotated (A.C.A.)
 Regulations. (Checklist                           Sections 8-7-201
 214).                                             through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``Incompatible
                                                   Waste'', ``Personnel
                                                   or facility
                                                   personnel'',
                                                   ``Universal waste'',
                                                   and ``Used oil'',
                                                   260.22(a)(1),
                                                   260.22(d)(1)(ii),
                                                   260.40(a), 260.41
                                                   introductory
                                                   paragraph,
                                                   261.2(c)(1)(i),
                                                   261.3(a)(2)(i),
                                                   261.4(a)(20)(v),
                                                   261.4(b)(6)(i)(B),
                                                   261.4(b)(6)(ii)
                                                   introductory
                                                   paragraph,
                                                   261.4(b)(6)(ii)(D)
                                                   and (F), 261.4(b)(9),
                                                   261.4(e)(2)(vi),
                                                   261.4(e)(3)(i),
                                                   261.6(a)(2)(i)-(v),
                                                   261.6(c)(2),
                                                   261.21(a)(3) and
                                                   (a)(4), 261.21/Notes
                                                   1-4, 261.24(b),
                                                   261.31(a)/Table,
                                                   261.32/Table ``K107''
                                                   and ``K069'' entries,
                                                   261.33(e), 261.33(e)/
                                                   Comment, 261.33(e)/
                                                   Table, 261.33(f),
                                                   261.33(f)/Comment,
                                                   261.33(f)/Table,
                                                   261.38/Table 1,
                                                   261.38(c)(1)(i)(C)(4)
                                                   , Part 261, Appendix
                                                   VII, Part 261,
                                                   Appendix VIII,
                                                   262.34(a)(1)(iv),
                                                   262.53(b), 262.56(b),
                                                   262.58(a)(1), 262.70,
                                                   262.81(k),
                                                   262.82(a)(1)(ii),
                                                   262.83(b)(1)(i),
                                                   262.83(b)(2)(i),
                                                   262.84(e), 262.87(a),
                                                   262.87(a)(5)
                                                   introductory
                                                   paragraph,
                                                   264.1(g)(2), 264.4,
                                                   264.13(b)(7)(iii)(B),
                                                   264.17(b)
                                                   introductory
                                                   paragraph,
                                                   264.18(a)(2)(iii),
                                                   264.18(b)(2)(iii),
                                                   264.97(a)(1)
                                                   introductory
                                                   paragraph,
                                                   264.97(a)(1)(i),
                                                   264.97(i)(5),
                                                   264.98(a)(2),
                                                   264.98(g)(4)(i),
                                                   264.99(h)(2)
                                                   introductory text,
                                                   264.101(d),
                                                   264.111(c),
                                                   264.112(b)(8),
                                                   264.115, 264.116,
                                                   264.118(c),
                                                   264.119(b)(1)(ii),
                                                   264.140(d)(1),
                                                   264.142(b)(2),
                                                   264.143(b)(7) and
                                                   (b)(8),
                                                   264.143(e)(5),
                                                   264.145(a)(3)(i),
                                                   264.145(d)(6),
                                                   264.145(f)(11)
                                                   introductory
                                                   paragraph,
                                                   264.147(h)(1),
                                                   264.151(b),
                                                   264.151(f)
                                                   introductory
                                                   paragraph,
                                                   264.151(g), Letter
                                                   From Chief Financial
                                                   Officer, fifth
                                                   paragraph, item 3,
                                                   Part A, Alternative
                                                   I, item *3, Part B,
                                                   Alternative I, items
                                                   10 and 15, and Part
                                                   B, Alternative II,
                                                   item *7,
                                                   264.151(h)(2)
                                                   Guarantee For
                                                   Liability Coverage,
                                                   Certification of
                                                   Valid Claim Recitals,
                                                   item 13.(a), and
                                                   Recitals, item 14,
                                                   264.151(i), item
                                                   2.(e), 264.151(j),
                                                   item 2.(d),
                                                   264.151(k),
                                                   Irrevocable Standby
                                                   Letter of Credit and
                                                   CERTIFICATE OF VALID
                                                   CLAIM, 264.151(1),
                                                   264.151(1),
                                                   CERTIFICATION OF
                                                   VALID CLAIM,
                                                   264.151(m)(1),
                                                   CERTIFICATION OF
                                                   VALID CLAIM, Section
                                                   8.(c), 264.151(n)(1),
                                                   under STANDBY TRUST
                                                   AGREEMENT Section
                                                   3.(c)(1), Section
                                                   3.(e)(3), and
                                                   Sections 12 and 16,
                                                   264.175(b)(1),264.193
                                                   (c)(4) Note, (d)(4),
                                                   (e)(2)(ii) and (iii),
                                                   (e)(2)(v)(A) and (B),
                                                   (e)(3)(i) and (ii),
                                                   (g)(1)(iii) and (iv),
                                                   and (g)(2)(i)(A),
                                                   264.221(c)(1)(i)(B),
                                                   (c)(2)(ii), (e)(1),
                                                   and (e)(2)(i)(B) and
                                                   (C), 264.223(b)(1),
                                                   264.226(a)(2),
                                                   264.251(a)(2)(i)(A),

[[Page 53029]]

 
                                                   264.252(a) and (b),
                                                   264.259(b),
                                                   264.280(c)(7) and (d)
                                                   introductory
                                                   paragraph,
                                                   264.283(a),
                                                   264.301(c)(2),
                                                   264.301(e)(2)(i)(B),
                                                   264.302(a), (b) and
                                                   (b)(1),
                                                   264.314(e)(2),
                                                   264.317(a)
                                                   introductory
                                                   paragraph,
                                                   264.344(b),
                                                   264.552(e)(4)(iii),
                                                   (e)(4)(iv)(F), and
                                                   (e)(6)(iii)(E),
                                                   264.553(e)
                                                   introductory
                                                   paragraph, 264.554(a)
                                                   introductory
                                                   paragraph,
                                                   264.555(e)(6),
                                                   264.573(a)(1),
                                                   (a)(4)(i), (a)(5),
                                                   (b) introductory
                                                   paragraph, and (m)(2)
                                                   and (m)(3), 264.600,
                                                   264.601(a)
                                                   introductory
                                                   paragraph, (b)(11),
                                                   and (c)(4),
                                                   264.1030(c),
                                                   264.1033(f)(2)(vii)(B
                                                   ), 264.1034(b)(2),
                                                   264.1035(c)(4)(i) and
                                                   (ii), 264.1050(f),
                                                   264.1058(c)(1),
                                                   264.1064(c)(3),
                                                   264.1080(a) and (c),
                                                   264.1090(c),
                                                   264.1101(b)(3)(iii),(
                                                   c)(3) introductory
                                                   paragraph, (c)(3)(i),
                                                   and (d) introductory
                                                   paragraph,
                                                   264.1102(a), Part
                                                   264, Appendix I/Table
                                                   1, Part 264, Appendix
                                                   I/Table 2, Section
                                                   2.(d),
                                                   265.1(c)(4)(i),
                                                   265.1(c)(6),
                                                   265.12(a)(1),
                                                   265.14(b)(1),
                                                   265.16(b),
                                                   265.19(c)(2),
                                                   265.56(b), 265.90(d)
                                                   introductory
                                                   paragraph,
                                                   265.110(b)(4),
                                                   265.111(c),
                                                   265.112(b)(5),
                                                   265.112(d)(4),
                                                   265.113(b)
                                                   introductory
                                                   paragraph,
                                                   265.113(e)(4),
                                                   265.117(b)
                                                   introductory
                                                   paragraph,
                                                   265.119(b)(1)(ii),
                                                   265.140(b)
                                                   introductory
                                                   paragraph and (b)(2),
                                                   265.142(a),
                                                   265.145(e)(11),
                                                   265.147(a)(1)(i) and
                                                   (b)(1)(i) and (ii),
                                                   265.174,
                                                   265.193(e)(2)(v)(A)
                                                   and (B) and (i)(2),
                                                   265.194(b)(1) and
                                                   (2), 265.197(b),
                                                   265.201(c)
                                                   introductory
                                                   paragraph, 265.221(a)
                                                   and(d)(2)(i)(A) and
                                                   (B), 265.224(b)(1),
                                                   265.228(a)(2)(iii)(D)
                                                   and(b)(2),
                                                   265.229(b)(2) and
                                                   (b)(3), 265.255(b),
                                                   265.259(b)(1),
                                                   265.280(a)(4),
                                                   265.281(a)(1),
                                                   265.301(a), (d)(1),
                                                   and (d)(2)(i)(B),
                                                   265.302(b),
                                                   265.303(b)(1),
                                                   265.312(a)(1),
                                                   265.314(e)(1)(ii)
                                                   and(f)(2), 265.316
                                                   introductory
                                                   paragraph, (c) and
                                                   (d), 265.405(a)(1),
                                                   265.441(c),
                                                   265.443(a)(4)(i) and
                                                   (b) introductory
                                                   paragraph,
                                                   265.445(b),
                                                   265.1033(f)(2)(ii),
                                                   265.1035(b)(2)
                                                   introductory
                                                   paragraph, (b)(2)(i),
                                                   and
                                                   265.1035(c)(4)(i),
                                                   265.1063(b)(4)(ii),
                                                   265.1080(a),
                                                   265.1085(h)(3)
                                                   introductory
                                                   paragraph,
                                                   265.1087(b),
                                                   265.1090(f)(1),
                                                   265.1100(d),
                                                   265.1101(b)(3)(i)(B),
                                                   (b)(3)(iii), (c)(3)
                                                   introductory
                                                   paragraph, and (d)
                                                   introductory
                                                   paragraph, Part 265,
                                                   Appendix I/Tables 1-
                                                   2, Part 265, Appendix
                                                   V/Table, Part 265,
                                                   Appendix VI,
                                                   266.70(a), 266.80(a)/
                                                   Table,
                                                   266.100(b)(2)(iv),
                                                   266.100(d)(3)(i)(A),
                                                   266.100(g)
                                                   introductory
                                                   paragraph,
                                                   266.102(a)(2)(vi),
                                                   266.102(e)(3)(i)(E),
                                                   (e)(5)(i)(C),
                                                   (e)(6)(ii)(B)(2), and
                                                   (e)(8)(iii),
                                                   266.103(a)(4)(vii),
                                                   266.103(b)(2)(v)(B)(2
                                                   ), (b)(5)(ii)(A), and
                                                   (b)(6)(viii)(A),
                                                   266.103(c)(1)(i),
                                                   (c)(1)(ii)(A)(2),
                                                   (c)(1)(ix)
                                                   introductory
                                                   paragraph,
                                                   (c)(1)(ix)(A), and
                                                   (c)(4)(iv)(C)(1),
                                                   266.103(g)(1)(i),
                                                   266.106(d)(1),
                                                   266.109(a)(2)(ii) and
                                                   (b) introductory
                                                   paragraph, Part 266,
                                                   subpart N heading,
                                                   Part 266, Appendices
                                                   III through VI, Part
                                                   266, Appendix VIII,
                                                   3(b)(2), Part 266,
                                                   Appendix XIII,
                                                   267.147(f)(2)(i)(A),
                                                   268.2(g), 268.4(a)(3)
                                                   introductory
                                                   paragraph,
                                                   268.6(c)(5)
                                                   introductory
                                                   paragraph,
                                                   268.7(a)(1),
                                                   (a)(3)(ii), (a)(4)/
                                                   Table entry 8,
                                                   (b)(3)(ii)/Table,
                                                   entry 5, (b)(4)(ii),
                                                   (c)(2), (d)
                                                   introductory
                                                   paragraph, (d)(1)
                                                   introductory
                                                   paragraph, (d)(1)(i)-
                                                   (iii), and (d)(2) and
                                                   (d)(3), 268.14(b) and
                                                   (c), 268.40(g),
                                                   268.40/Table
                                                   ``TREATMENT STANDARDS
                                                   FOR HAZARDOUS
                                                   WASTES'', 268.42/
                                                   Table 1, 268.44(c),
                                                   268.45/Table 1,
                                                   268.48/Table
                                                   ``UNIVERSAL TREATMENT
                                                   STANDARDS'',
                                                   268.49(d), 268.50(c),
                                                   268.50(g), Part 268,
                                                   Appendix VIII,
                                                   270.1(a)(2)/Table,
                                                   270.1(b) introductory
                                                   paragraph,
                                                   270.1(c)(1)(iii),
                                                   270.1(c)(3)(i)
                                                   introductory
                                                   paragraph, 270.2 ``On-
                                                   site'' and ``Publicly
                                                   owned treatment works
                                                   (POTW)'', 270.10(j),
                                                   270.11(d)(1) and (2),
                                                   270.13(k)(7),
                                                   270.14(a),
                                                   (b)(11)(ii)(B),
                                                   (b)(19)(iii), and
                                                   (b)(21), 270.17(f),
                                                   270.18(b) and (g),
                                                   270.20(i)(2),
                                                   270.26(c)(15),
                                                   270.33(b)
                                                   introductory
                                                   paragraph, 270.41(c),
                                                   270.42(d)(2)(i),
                                                   270.42, Appendix I,
                                                   270.70(a)
                                                   introductory
                                                   paragraph,
                                                   270.72(b)(2), 273.9
                                                   ``Universal waste'',
                                                   273.13(b)
                                                   introductory
                                                   paragraph, 273.14(a),
                                                   273.34(a), 279.1
                                                   ``Petroleum refining
                                                   facility'',
                                                   279.10(b)(2)
                                                   introductory
                                                   paragraph, 279.11,
                                                   279.11/Table 1,
                                                   279.43(c)(3)(i) and
                                                   (c)(5), 279.44(a) and
                                                   (c)(2), 279.45(a),
                                                   279.52(a) and (b),
                                                   (b)(1)(ii) and
                                                   (b)(6)(ii) and (iii),
                                                   279.55(a)
                                                   introductory
                                                   paragraph, and
                                                   (b)(2)(i)(B),
                                                   279.56(a)(2),
                                                   279.57(a)(2)(ii),
                                                   279.59, 279.63(b)(3),
                                                   279.64(e), and
                                                   279.70(b)(1), as
                                                   amended September 25,
                                                   2015, effective on
                                                   October 18, 2015.
4. Hazardous Waste Technical  77 FR 22229-22232   Arkansas Code of 1987
 Corrections and               April 13, 2012.     Annotated (A.C.A.)
 Clarification Rule.                               Sections 8-7-201
 (Checklist 228).                                  through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections
                                                   261.32(a), entry for
                                                   K107, and 266.20(b),
                                                   as amended September
                                                   25, 2015, effective
                                                   on October 18, 2015.
5. Conditional Exclusions     78 FR 46448-46485   Arkansas Code of 1987
 for Solvent Contaminated      July 31, 2013.      Annotated (A.C.A.)
 Wipes. (Checklist 229).                           Sections 8-7-201
                                                   through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``No free liquids'',
                                                   260.10 ``Solvent-
                                                   contaminated wipe'',
                                                   260.10 ``Wipe'',
                                                   261.4(a)(26), and
                                                   261.4(b)(18), as
                                                   amended September 25,
                                                   2015, effective on
                                                   October 18, 2015.

[[Page 53030]]

 
6. Conditional Exclusion for  79 FR 350-364       Arkansas Code of 1987
 Carbon Dioxide (CO2)          January 3, 2014.    Annotated (A.C.A.)
 Streams in Geologic                               Sections 8-7-201
 Sequestration Activities.                         through 8-7-226.
 (Checklist 230).                                  Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``Carbon dioxide
                                                   stream'', and
                                                   261.4(h), as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
7. Hazardous Waste            79 FR 7518-7563     Arkansas Code of 1987
 Electronic Manifest Rule.     February 7, 2014.   Annotated (A.C.A.)
 (Checklist 231).                                  Sections 8-7-201
                                                   through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.2,
                                                   260.10 ``Electronic
                                                   manifest (or e-
                                                   manifest)'',
                                                   ``Electronic manifest
                                                   system (or e-manifest
                                                   system)'',
                                                   ``Manifest'', ``User
                                                   of the electronic
                                                   manifest system'',
                                                   262.20(a)(3), 262.24,
                                                   262.25, 263.20(a),
                                                   263.25(a),
                                                   264.71(a)(2),
                                                   264.71(g)-(l),
                                                   265.71(a)(2),
                                                   265.71(g)-(l), as
                                                   amended September 25,
                                                   2015, effective on
                                                   October 18, 2015.
                                                   (See Section I.
                                                   Electronic Manifest
                                                   provisions that are
                                                   non-delegable to
                                                   States.)
8. Revisions to the Export    79 FR 36220-36231   Arkansas Code of 1987
 Provisions of the Cathode     June 26, 2014.      Annotated (A.C.A.)
 Ray Tube (CRT) Rule.                              Sections 8-7-201
 (Checklist 232).                                  through 8-7-226.
                                                   Arkansas Pollution
                                                   Control and Ecology
                                                   (APC&E) Regulation
                                                   Number 23, (Hazardous
                                                   Waste Management)
                                                   (HWM) Sections 260.10
                                                   ``CRT exporter'',
                                                   261.39(a)(5)(i)(F),
                                                   and (a)(5)(x) and
                                                   (xi), and 261.41(a)
                                                   and (b), as amended
                                                   September 25, 2015,
                                                   effective on October
                                                   18, 2015.
------------------------------------------------------------------------
\1\ More stringent provisions.

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

    The State of Arkansas regulations that are more stringent than the 
Federal regulations are documented in the above chart. For enforcement 
purposes, the EPA does not enforce broader in scope provisions.

IX. Electronic manifest provisions that are non-delegable to States.

    The Federal Hazardous Waste Electronic Manifest Rule (79 FR 7518; 
February 7, 2014) contains several provisions which are non-delegable 
to States. Specifically, States cannot receive authorization to 
establish a Federal user under the electronic manifest requirements, 
nor can States receive authorization for the electronic signature 
requirements, resulting in the States' inability to implement the 
provisions listed below. However, EPA strongly recommends States adopt 
these provisions while retaining the EPA rule language unchanged; 
Arkansas has adopted the Electronic Manifest Rule using this approach. 
The non-delegable provisions and provisions where States must retain 
references to ``EPA'' are: 40 CFR 260.10 ``electronic manifest'', 
``electronic manifest system'', ``use of the electronic manifest 
system''; 262.24(g); 262.25; 263.20(a)(2); 262.20(a)(3)(ii); 
263.20(a)(8); 264.71(a)(2)(v); 264.71(j); 265.71(a)(2)(v); and 
265.71(j).

X. 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. EPA will not issue any more new permits or new portions 
of permits for the provisions listed in the chart 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.

XI. How does this 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.

XII. 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 document.

XIII. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. The 
reference to Executive Order 13563 (73 FR 3821, January 21, 2011) is 
also exempt from review under Executive orders 12866 (56 FR 51735, 
October 4, 1993). This action authorizes State requirements for the 
purpose of RCRA 3006 and imposes no additional requirements beyond 
those imposed by State law. Accordingly, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this action authorizes preexisting requirements under 
State law and does not impose any additional enforceable duty beyond 
that required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same 
reason, this action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as

[[Page 53031]]

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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective October 11, 2016.

List of Subjects in 40 CFR Part 271

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

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

    Dated: July 14, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-18433 Filed 8-10-16; 8:45 am]
 BILLING CODE 6560-50-P


