81 FR 4961 - Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 19 (January 29, 2016)
Federal Register Volume 81, Issue 19 (January 29, 2016)
| Page Range | 4961-4969 | |
| FR Document | 2016-01657 |
[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)] [Rules and Regulations] [Pages 4961-4969] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01657] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 [EPA-R06-2015-2015-0661; FRL-9940-27-Region 6] Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: During a review of Arkansas' regulations, the Environmental Protection Agency (EPA) identified two State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this direct Final action. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management [[Page 4962]] Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Arkansas' hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations. DATES: This regulation is effective March 29, 2016, unless the EPA receives adverse written comment on this regulation by the close of business February 29, 2016. If the EPA receives such comments, it will publish a timely withdrawal of this direct final rule in the Federal Register informing the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of March 29, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: [email protected] or [email protected]. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. 4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD- O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. Instructions: Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The Federal http://www.regulations.gov Web site is an ``anonymous access'' system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. (For additional information about the EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm). You can view and copy the documents that form the basis for this codification and associated publicly available materials from 8:30 a.m. to 4:00 p.m. Monday through Friday at the following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number (214) 665-8533 or (214) 665-8178. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone numbers: (214) 665-8533 or (214) 665-8178, and Email address [email protected] or [email protected]. SUPPLEMENTARY INFORMATION: I. Authorization of State-Initiated Changes A. Why are revisions to State programs necessary? States which have received Final authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal program changes, the States must change their programs and ask the EPA to authorize the changes. Changes to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to the EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279. States can also initiate their own changes to their hazardous waste program and these changes must then be authorized. B. What decisions have we made in this rule? We conclude that Arkansas' revisions to its authorized program meet all of the statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make Arkansas' rules more clear or conform more closely to the Federal equivalents and are so minor in nature that a formal application is unnecessary. Therefore, we grant Arkansas final authorization to operate its hazardous waste program with the changes described in the table at Section G below. Arkansas has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out all authorized aspects of the RCRA program, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Arkansas, including issuing permits, until the State is granted authorization to do so. C. What is the effect of this authorization decision? The effect of this decision is that a facility in Arkansas subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. Arkansas has enforcement responsibilities under its State hazardous waste program for violations of such program, but the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to:Do inspections, and require monitoring, tests, analyses, or reports; Enforce RCRA requirements and suspend or revoke permits; and Take enforcement actions regardless of whether the State has taken its own actions. This action does not impose additional requirements on the regulated community because the statutes and regulations for which Arkansas is being authorized by this direct final action are already effective and are not changed by this action. D. Why wasn't there a proposed rule before this rule? The EPA did not publish a proposal before this rule because we view this as [[Page 4963]] a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the Proposed Rules section of this Federal Register we are publishing a separate document that proposes to authorize the State program changes. E. What happens if EPA receives comments that oppose this action? If the EPA receives comments that oppose the authorization of the State-initiated changes in this codification document, we will withdraw this rule by publishing a timely document in the Federal Register before the rule becomes effective. The EPA will base any further decision on the authorization of the State program changes on the proposal mentioned in the previous paragraph. We will then address all public comments in a later final rule. If you want to comment on this authorization, 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 may 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 above. The Federal Register withdrawal document will specify which part of the authorization of the State program will become effective and which part is being withdrawn. In addition to the authorizing of the rules described above in this document. The purpose of this Federal Register document is to codify Arkansas' base hazardous waste management program and its revisions to that program. The EPA has already provided notices and opportunity for comments on the Agency's decisions to authorize the Arkansas program, and the EPA is not now reopening the decisions, nor requesting comments, on the Arkansas authorizations as published in the Federal Register documents specified in Section I.F of this document. F. For what has Arkansas previously been authorized? Arkansas initially received final authorization on January 25, 1985 (50 FR 1513), to implement its Base Hazardous Waste Management program. Arkansas received authorization for revisions to its program on January 11, 1985 (50 FR 1513), effective January 25, 1985; March 27, 1990 (55 FR 11192), effective May 29, 1990; September 18, 1991 (56 FR 47153), effective November 18, 1991; October 5, 1992 (57 FR 45721), effective December 4, 1992; October 7, 1994 (59 FR 51115), effective December 21, 1994, April 24, 2002 (67 FR 20038), effective June 24, 2002, as amended June 28, 2010 (75 FR 36538); August 15, 2007 (72 FR 45663), effective October 15, 2007, as amended June 28, 2010 (75 FR 36538); June 28, 2010 (75 FR 36538), effective August 27, 2010; August 10, 2012 (77 FR 47779), effective October 9, 2012; October 2, 2014 (79 FR 59438), effective December 1, 2014; and October 31, 2014, 79 FR 64678, effective December 30, 2014. G. What changes are we authorizing with this action? The State has made amendments to Arkansas Regulation No. 23 Sections 264.1030(c) and 265.142(a) introductory paragraph, analogous to 40 CFR 264.1030(c) and 265.142(a) introductory paragraph, respectively. These amendments clarify the State's regulations and make the State's regulations more internally consistent. The State's laws and regulations, as amended by these provisions, provide authority which remains equivalent to and no less stringent than the Federal laws and regulations. These State-initiated changes satisfy the requirements of 40 CFR 271.21(a). We are granting Arkansas final authorization to carry out the following provisions of the State's program in lieu of the Federal program. These provisions are analogous to the indicated RCRA regulations found at 40 CFR as of July 1, 2011. The Arkansas provisions are from the Arkansas Pollution Control and Ecology Commission Regulation No. 23, Hazardous Waste Management, adopted on June 22, 2012, effective August 12, 2012. H. Who handles permits after the authorization takes effect? This authorization does not affect the status of State permits and those permits issued by the EPA because no new substantive requirements are a part of these revisions. I. How does this action affect Indian Country (18 U.S.C. 1151) in Arkansas? Arkansas is not authorized to carry out its Hazardous Waste Program in Indian Country within the State. This authority remains with EPA. Therefore, this action has no effect in Indian Country. II. Incorporation-by-Reference A. What is codification? Codification is the process of placing a State's statutes and regulations that comprise the State's authorized hazardous waste management program into the Code of Federal Regulations (CFR). Section 3006(b) of RCRA, as amended, allows the Environmental Protection Agency (EPA) to authorize State hazardous waste management programs to operate in lieu of the Federal hazardous waste management regulatory program. The EPA codifies its authorization of State programs in 40 CFR part 272 and incorporates by reference State statutes and regulations that the EPA will enforce under sections 3007 and 3008 of RCRA and any other applicable statutory provisions. The incorporation by reference of State authorized programs in the CFR should substantially enhance the public's ability to discern the current status of the authorized State program and State requirements that can be Federally enforced. This effort provides clear notice to the public of the scope of the authorized program in each State. B. What is the history of codification of Arkansas' hazardous waste management program? The EPA incorporated by reference Arkansas' then authorized hazardous waste program effective December 13, 1993 (58 FR 52674), August 21, 1995 (60 FR 32112), August 27, 2010 (75 FR 36538) and December 1, 2014 (79 FR 59438). Note: At 79 FR 59443, the State agency acronym should be referenced as ``(ADEQ)'' with regard to the State's Memorandum of Agreement with the EPA. In this document, the EPA is revising subpart E of 40 CFR part 272 to include the authorization revision action effective December 30, 2014 (79 FR 64678). C. What codification decisions have we made in this rule? In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Arkansas rules described in the amendments to 40 CFR part 272 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). The purpose of this Federal Register document is to codify Arkansas' base hazardous waste management program and its revisions to that program. The document incorporates by reference Arkansas' hazardous waste statutes and regulations and clarifies which of these provisions are included in the [[Page 4964]] authorized and Federally enforceable program. By codifying Arkansas' authorized program and by amending the Code of Federal Regulations, the public will be more easily able to discern the status of Federally approved requirements of the Arkansas hazardous waste management program. The EPA is incorporating by reference the Arkansas authorized hazardous waste management program in subpart E of 40 CFR part 272. Section 272.201 incorporates by reference Arkansas' authorized hazardous waste statutes and regulations. Section 272.201 also references the statutory provisions (including procedural and enforcement provisions) which provide the legal basis for the State's implementation of the hazardous waste management program, the Memorandum of Agreement, the Attorney General's Statements and the Program Description, which are approved as part of the hazardous waste management program under Subtitle C of RCRA. D. What is the effect of Arkansas' codification on enforcement? The EPA retains its authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions and to issue orders in authorized States. With respect to these actions, the EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than any authorized State analogues to these provisions. Therefore, the EPA is not incorporating by reference such particular, approved Arkansas procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR lists the statutory provisions which provide the legal basis for the State's implementation of the hazardous waste management program, as well as those procedural and enforcement authorities that are part of the State's approved program, but these are not incorporated by reference. E. What state provisions are not part of the codification? The public needs to be aware that some provisions of Arkansas' hazardous waste management program are not part of the Federally authorized State program. These non-authorized provisions include: (1) provisions that are not part of the RCRA subtitle C program because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 271.1(i)); (2) Federal rules adopted by Arkansas but for which the State is not authorized; (3) Unauthorized amendments to authorized State provisions; (4) New unauthorized State requirements; (5) A Federal program which has since been withdrawn by the U.S. EPA; and (6) Federal rules for which Arkansas is authorized but which were vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, June 27, 2014). State provisions that are ``broader in scope'' than the Federal program are not part of the RCRA authorized program and the EPA will not enforce them. Therefore, they are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists the Arkansas regulatory provisions which are ``broader in scope'' than the Federal program and which are not part of the authorized program being incorporated by reference. ``Broader in scope'' provisions cannot be enforced by the EPA; the State, however, may enforce such provisions under State law. Additionally, Arkansas' hazardous waste regulations include amendments which have not been authorized by the EPA. Since the EPA cannot enforce a State's requirements which have not been reviewed and authorized in accordance with RCRA section 3006 and 40 CFR part 271, it is important to be precise in delineating the scope of a State's authorized hazardous waste program. Regulatory provisions that have not been authorized by the EPA include amendments to previously authorized State regulations as well as certain Federal rules and new State requirements. Arkansas has adopted but is not authorized for the following Federal rules published in the Federal Register on July 15, 1985 (50 FR 28702; amendments to 40 CFR 260.22 only); April 12, 1996 (61 FR 16290); October 4, 2005 (70 FR 57769); April 4, 2006 (71 FR 16862); July 14, 2006 (71 FR 40254); and January 8, 2010 (75 FR 1236). Therefore, these Federal amendments included in Arkansas' regulations, are not part of the State's authorized program and are not part of the incorporation by reference addressed by this Federal Register document. Arkansas adopted and was authorized for the following Federal Performance Track program, which has since been terminated by the U.S. EPA: published in the Federal Register on April 22, 2004 (69 FR 21737), as amended October 25, 2004 (69 FR 62217). Arkansas has also adopted but is not authorized for the April 4, 2006 (71 FR 16862) Burden Reduction Initiative amendments to the following provisions regarding Performance Track: 40 CFR 260.10, 265.15, 265.174, 265.195, 265.201, 265.1101, 270.42(l) and Item O.1 of appendix I to Sec. 270.42. Arkansas has adopted and was authorized for the following Federal rules which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, respectively; June 27, 2014): (1) The Comparable Fuels Exclusion at 40 CFR 261.4(a)(16) and 261.38 published in the Federal Register on June 19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and (2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR 57). State regulations that are not incorporated by reference in this rule at 40 CFR 272.201(c)(1), or that are not listed in 40 CFR 272.201(c)(2) (``legal basis for the State's implementation of the hazardous waste management program''), 40 CFR 272.201(c)(3) (``broader in scope'') or 40 CFR 272.201(c)(4) (``unauthorized state amendments''), are considered new unauthorized State requirements. These requirements are not Federally enforceable. With respect to any requirement pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has not yet been authorized, the EPA will continue to enforce the Federal HSWA standards until the State is authorized for these provisions. F. What will be the effect of federal HSWA requirements on the codification? The EPA is not amending 40 CFR part 272 to include HSWA requirements and prohibitions that are implemented by the EPA. Section 3006(g) of RCRA provides that any HSWA requirement or prohibition (including implementing regulations) takes effect in authorized and not authorized States at the same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA has the authority to implement HSWA requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise their programs to adopt the HSWA requirements and prohibitions, and then to seek [[Page 4965]] authorization for those revisions pursuant to 40 CFR part 271. Instead of amending 40 CFR part 272 every time a new HSWA provision takes effect under the authority of RCRA section 3006(g), the EPA will wait until the State receives authorization for its analog to the new HSWA provision before amending the State's 40 CFR part 272 incorporation by reference. Until then, persons wanting to know whether a HSWA requirement or prohibition is in effect should refer to 40 CFR 271.1(j), as amended, which lists each such provision. Some existing State requirements may be similar to the HSWA requirement implemented by the EPA. However, until the EPA authorizes those State requirements, the EPA can only enforce the HSWA requirements and not the State analogs. The EPA will not codify those State requirements until the State receives authorization for those requirements. Statutory and Executive Order Reviews The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This rule incorporates by reference Arkansas' authorized hazardous waste management regulations 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 rule merely incorporates by reference certain existing State hazardous waste management program requirements which the EPA already approved under 40 CFR part 271, and with which regulated entities must already comply, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely incorporates by reference existing authorized State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249, November 6, 2000). This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This 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. The requirements being codified are the result of Arkansas' voluntary participation in the EPA's State program authorization process under RCRA Subtitle C. 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 amended 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). List of Subjects 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. 40 CFR Part 272 Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply. Authority: This rule 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: November 16, 2015. Ron Curry, Regional Administrator, Region 6. For the reasons set forth in the preamble, under the authority at 42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final authorization under part 271 to the State of Arkansas for revisions to its hazardous waste program under the Resource Conservation and Recovery Act and is amending 40 CFR part 272 as follows. PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 0 1. The authority citation for part 272 continues to read as follows: Authority: Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 0 2. Revise Sec. 272.201 to read as follows: Sec. 272.201 Arkansas State-administered program: Final authorization. (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Arkansas final authorization for the following elements as submitted to EPA in Arkansas' base program application for final authorization which was approved by EPA effective on January 25, 1985. Subsequent program revision applications were approved effective on May 29, 1990; November 18, 1991; December 4, 1992; December 21, 1994; June 24, 2002; October 15, 2007; August 27, 2010; October 9, 2012, December 1, 2014, December 30, 2014 and March 29, 2016. (b) The State of Arkansas has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to [[Page 4966]] exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions. (c) State statutes and regulations. (1) The Arkansas statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Arkansas statutes that are incorporated by reference from Michie Publishing, 1275 Broadway, Albany, New York 12204, Phone: (800) 223-1940. Copies of the Arkansas regulations that are incorporated by reference are available from the Arkansas Department of Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682-0923. You may inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (Phone number (214) 665-8533), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (i) The binder entitled ``EPA-Approved Arkansas Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program'', dated December 2014. (ii) [Reserved] (2) The following provisions provide the legal basis for the State's implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities: (i) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 4, Business and Commercial Law, Chapter 75: Section 4-75-601(4) ``Trade Secret''. (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 1: Section 8-1-107. (iii) Arkansas Hazardous Waste Management Act of 1979, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-204 (except 8- 7-204(e)(3)(B)), 8-7-205 through 8-7-214, 8-7-217, 8-7-218, 8-7-220, 8- 7-222, 8-7-224, 8-7-225(b) through 8-7-225(d), and 8-7-227. (iv) Arkansas Resource Reclamation Act of 1979, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 3: Sections 8-7-302(3), 8-7- 303 and 8-7-308. (v) Remedial Action Trust Fund Act of 1985, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-503(6) and (7), 8-7-505(3), 8-7-507, 8-7-508, 8-7-511 and 8-7-512. (vi) Arkansas Freedom of Information Act (FOIA) of 1967, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 25, State Government, Chapter 19: Sections 25-19-103(1), 25-19- 105, 25-19-107. (vii) Arkansas Pollution Control and Ecology (APC&E) Commission Regulation No. 23, Hazardous Waste Management, as amended June 22, 2012, effective August 12, 2012, Chapter One; Chapter Two, Sections 1, 2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX, 270.7(h) and (j), 270.10(e)(8), 270.34, Chapter Three, Sections 19, 21 and 22; Chapter Five, Section 28. (viii) Arkansas Pollution Control and Ecology (APC&E) Commission, Regulation No. 7, Civil Penalties, July 24, 1992. (ix) Arkansas Pollution Control and Ecology (APC&E) Commission, Regulation No. 8, Administrative Procedures, February 12, 2009. (3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference: (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 2: Section 8-7-226. (ii) Arkansas Pollution Control and Ecology (APC&E) Commission Regulation No. 23, Hazardous Waste Management, as amended June 22, 2012, effective August 12, 2012, Chapter Two, Sections 6, 262.13(c), 262.24(d), 263.10(e), 263.13, 264.71(e), and 265.71(e). (4) Unauthorized State amendments and provisions. (i) Arkansas has partially or fully adopted, but is not authorized to implement, the Federal rules that are listed in the table in this paragraph (c)(4)(i). The EPA will continue to implement the Federal HSWA requirements for which Arkansas is not authorized until the State receives specific authorization for those requirements. The EPA will not enforce the non- HSWA Federal rules although they may be enforceable under State law. For those Federal rules that contain both HSWA and non-HSWA requirements, the EPA will enforce only the HSWA portions of the rules. ------------------------------------------------------------------------ Federal Federal requirement Register Publication date reference ------------------------------------------------------------------------ HSWA Codification Rule-- 50 FR 28702 July 15, 1985. Delisting (HSWA) (Checklist 17B--amendments to 40 CFR 260.22 only). Revision of Wastewater 70 FR 57769 October 4, 2005. Treatment Exemptions for Hazardous Waste Mixtures (``Headworks exemptions'') (Non-HSWA) (Checklist 211). Burden Reduction Initiative 71 FR 16862 April 4, 2006. (HSWA and Non-HSWA) (Checklist 213). Corrections to Errors in the 71 FR 40254 July 14, 2006. Code of Federal Regulations (HSWA and Non-HSWA) (Checklist 214). ------------------------------------------------------------------------ (ii) The Federal rules listed in the table in this paragraph (c)(4)(ii) are not delegable to States. Arkansas has adopted these provisions and left the authority to the EPA for implementation and enforcement. [[Page 4967]] ------------------------------------------------------------------------ Federal Federal requirement Register Publication date reference ------------------------------------------------------------------------ Imports and Exports of 61 FR 16290 April 12, 1996. Hazardous Waste: Implementation of OECD Council Decision (HSWA) (Checklist 152). OECD Requirements; Export 75 FR 1236 January 8, 2010. Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222). ------------------------------------------------------------------------ (5) Terminated Federal program. Arkansas adopted and was authorized for the following Federal program as amended, which has since been terminated by the U.S. EPA. In addition, Arkansas has adopted and is not authorized for the April 4, 2006 Burden Reduction Initiative (71 FR 16862; Checklist 213) amendments to these provisions affecting the Performance Track program: 40 CFR 260.10, 265.15, 265.174, 265.195, 265.201, 265.1101, 270.42(l) and Item O.1 of appendix I to Sec. 270.42. ------------------------------------------------------------------------ Federal Federal requirement Register Publication date reference ------------------------------------------------------------------------ National Environmental 69 FR 21737 April 22, 2004. Performance Track Program (Checklist 204). National Environmental 69 FR 62217 October 25, 2004. Performance Track Program; Corrections (Rule 204.1). ------------------------------------------------------------------------ (6) Vacated Federal rules. Arkansas adopted and was authorized for the following Federal rules which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, respectively; June 27, 2014): ------------------------------------------------------------------------ Federal Federal requirement Register Publication date reference ------------------------------------------------------------------------ Hazardous Waste Combustors; 63 FR 33782 June 19, 1998. Revised Standards (HSWA) (Checklist 168--40 CFR 261.4(a)(16) and 261.38 only). Exclusion of Oil-Bearing 73 FR 57 January 2, 2008. Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Checklist 216-- Definition of ``Gasification'' at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i)). Expansion of RCRA Comparable 73 FR 77954 December 19, 2008. Fuel Exclusion (Checklist 221--amendments to 40 CFR 261.4(a)(16) and 261.38). ------------------------------------------------------------------------ (7) Memorandum of Agreement. The Memorandum of Agreement between EPA Region VI and the State of Arkansas, signed by the Executive Director of the Arkansas Department of Environmental Quality (ADEQ) on June 27, 2012, and by the EPA Regional Administrator on July 10, 2012, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (8) Statement of legal authority. ``Attorney General's Statement for Final Authorization'', signed by the Attorney General of Arkansas on July 9, 1984 and revisions, supplements, and addenda to that Statement dated September 24, 1987, February 24, 1989, December 11, 1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994, February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997, December 12, 2001, July 27, 2006, December 12, 2010 and October 1, 2012 are referenced as part of the authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. (9) Program Description. The Program Description and any other materials submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. 0 3. Appendix A to part 272 is amended by revising the listing for ``Arkansas'' to read as follows: Appendix A to Part 272--State Requirements * * * * * Arkansas The statutory provisions include: Arkansas Hazardous Waste Management Act of 1979, as amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-202, 8-7- 203, 8-7-215, 8-7-216, 8-7-219, 8-7-221, 8-7-223 and 8-7-225(a). Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8, Environmental Law, Chapter 10, Subchapter 3: Section 8-10- 301(d). Copies of the Arkansas statutes that are incorporated by reference are available from Michie Publishing, 1275 Broadway Albany, New York 12204, Phone: (800) 223-1940. The regulatory provisions include: Arkansas Pollution Control and Ecology (APC&E) Commission Regulation No. 23, Hazardous Waste Management, as amended June 22, 2012, effective August 12, 2012. Please note that the 2012 APC&E Commission Regulation No. 23, is the most recent version of the Arkansas authorized hazardous waste regulations. For a few provisions, the authorized versions are found in the APC&E Commission Regulation 23, effective January 21, 1996, March 23, 2006 or June 13, 2010. Arkansas made subsequent changes to these provisions but these changes have not been authorized by EPA. The provisions from the January 21, 1996, March 23, 2006 or June 13, 2010 regulations are noted below. Chapter Two, Sections 3(b) introductory paragraph; 3(b)(2); 3(b)(4); Section 260--Hazardous Waste Management System--General-- 260.1; 260.3; 260.10 (except the definitions of ``consolidation'', ``gasification'', ``Performance Track member facility'', the phrase ``a written permit issued by the Arkansas Highway and Transportation Department authorizing a person to transport hazardous waste (Hazardous Waste Transportation Permit), or'' in the definition for ``permit'') 260.11 (except reserved provisions); 260.20 (except 260.20(c) through (f)); 260.21; 260.23; 260.30; 260.31(a); [[Page 4968]] 260.31(b) introductory paragraph; 260.31 (b)(1) through (8) (March 23, 2006); 260.31(c); 260.32; 260.33; 260.40; and 260.41. Section 261--Identification and Listing of Hazardous Waste-- 261.1; 261.2; 261.3 (except 261.3(a)(2)(iv) and reserved provisions); 261.3(a)(2)(iv) (March 23, 2006); 261.4(a) (except 261.4(a)(9)(iii), 261.4(a)(12)(i), and 261.4(a)(16)); 261.4(a)(9)(iii) (March 23, 2006); 261.4(b) through (e); 261.4(f) (except 261.4(f)(9)); 261.4(f)(9) (March 23, 2006); 261.4(g); 261.5; 261.6 (except (a)(5)); 261.7; 261.8; 261.9; 261.10; 261.11; 261.20 through 261.24; 261.30 through 261.33; 261.35; 261.39, 261.40, 261.41, Appendices I, VII and VIII. Section 262--Standards Applicable to Generators of Hazardous Waste--262.10 (except 262.10(d)); 262.11; 262.12; 262.13 (except 262.13(c)); 262.20 (except reserved provision); 262.21; 262.22; 262.23; 262.24 (except 262.24(d)); 262.27; 262.30; 262.31 through 262.33; 262.34 (except 262.34(j)-(l)); 262.35 (except the phrase ``and the requirements of Sec. 262.13(d) and Sec. 263.10(d)'' at 262.35(a)(2)); 262.40; 262.41 (except references to PCBs) (January 21, 1996); 262.42; 262.43; 262.50 through 262.58; 262.60 (except 262.60(e)); 262.70; 262.200 through 262.216; and Appendix I. Section 263--Standards Applicable to Transporters of Hazardous Waste--263.10 (except 263.10(d) and (e)), 263.11, 263.12, 263.20 (except 263.20(g)(4) and reserved provision), 263.21, 263.22, 263.30 and 263.31. Section 264--Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities--264.1 (except reserved provisions); 264.3; 264.4; 264.10; 264.11; 264.12 (except 264.12(a)(2)); 264.13 through 264.19; 264.20(a) through (c); 264.30 through 264.35; 264.37; 264.50 through 264.56; 264.70; 264.71 (except 264.71(a)(3), (d) and (e)); 264.72; 264.73 (except 264.73(b)(18) and (b)(19)); 264.74; 264.75 (except first occurrence of 264.75(a) through (d) and 264.75(g)); 264.75(g) (January 21, 1996); 264.75(h) (January 21, 1996); 264.76(a); 264.77; 264.90 through 264.101; 264.110 through 264.120; 264.140; 264.141 (except the definition of ``captive insurance'' at 264.141(f)); 264.142; 264.143 (except the last sentence of 264.143(e)(1)); 264.144; 264.145 (except the last sentence of 264.145(e)(1)); 264.146; 264.147 (except the last sentences of 264.147(a)(1)(i) and 264.147(b)(1)(ii) and reserved provision); 264.148; 264.151; 264.170 through 264.174; 264.175 (except reserved provision); 264.176 through 264.179; 264.190 through 264.200; 264.220 through 264.223; 264.226 through 264.232; 264.250 through 264.254; 264.256 through 264.259; 264.270 through 264.273; 264.276; 264.278 through 264.283; 264.300 through 264.304; 264.309; 264.310; 264.312(a); 264.313; 264.314 (except 264.314(a)(2) and (a)(3)) (June 13, 2010); 264.315; 264.316 (except 264.316(b)); 264.316(b) (June 13, 2010); 264.317; 264.340 through 264.345; 264.347 (March 23, 2006); 264.351; 264.550, 264.551; 264.552 (except 264.552 (a)(3)(ii)-(iv)); 264.552 (a)(3)(ii)-(iv) (June 13, 2010); 264.553 through 264.555 (except reserved provision); 264.570 through 264.575; 264.600 through 264.603; 264.1030 through 264.1036; 264.1050 through 264.1061(except reserved provision); 264.1062 (June 13, 2010); 264.1063 through 264.1065; 264.1080 through 264.1090; 264.1100 through 264.1102; 264.1200; 264.1201; 264.1202; Appendix I; and Appendices IV, V and IX. Section 265--Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities-- 265.1 (except 265.1(c)(4) and reserved provisions); 265.4, 265.10, 265.11, 265.12 (except 265.12(a)(2)), 265.13, 265.14, 265.15 (except the phrase ``, except for Performance Track member facilities . . . as described in paragraph (b)(5) of this section'' at 265.15(b)(4) and 265.15(b)(5)); 265.16 (except 265.16(a)(4)); 265.17 through 265.19; 265.30 through 265.35; 265.37; 265.50; 265.51; 265.52 (except the last three sentences of 265.52(b)); 265.53 through 265.55; 265.56 (except 265.56(i)); 265.56(i) and (j) (March 23, 2006); 265.70, 265.71 (except 265.71(a)(3), (d) and (e)), 265.72; 265.73 (March 23, 2006); 265.74; 265.75 (except 265.75(g)); 265.75(g) and (h) (January 21, 1996); 265.76(a); 265.77; 265.90 (except the last sentence of 265.90(d)(1), and in 265.90(d)(3) the phrase ``and place it in the facility's . . . closure of the facility''); 265.91; 265.92; 265.93 (except the last sentence of 265.93(d)(2) and the last sentence of 265.93(d)(5)); 265.94; 265.110 through 265.112; 265.113 (except 265.113(e)(5)); 265.113(e)(5) (March 23, 2006); 265.114 through 265.121; 265.140, 265.141 (except the definition of ``captive insurance'' at 265.141(f)); 265.142; 265.143 (except the last sentence of 265.143(d)(1) and ``qualified'' before ``Arkansas-registered Professional Engineer'' in 265.143(h)); 265.144; 265.145; 265.146; 265.147 (except the last sentences of 265.147(a)(1) and 265.147(b)(1), ``qualified'' before ``Arkansas- registered Professional Engineer'' in 265.147(e) and reserved provision); 265.148; 265.170 through 265.173; 265.174 (March 23, 2006); 265.176; 265.177, 265.178, 265.190; 265.191; 265.192; 265.193(a) (March 23, 2006); 265.193(b) through 265.193(i); 265.194; 265.195 (March 23, 2006); 265.196 through 265.200; 265.201 (March 23, 2006); 265.202; 265.220; 265.221 (except 265.221(a)); 265.221(a) (March 23, 2006); 265.222; 265.223 and 265.224 (March 23, 2006); 265.225; 265.226; 265.228 through 265.231; 265.250 through 265.258; 265.259(a) (March 23, 2006); 265.259(b) and (c); 265.260; 265.270; 265.272; 265.273; 265.276; 265.278; 265.279; 265.280 (except the word ``qualified'' before ``Arkansas-registered professional engineer'' in 265.180(e)); 265.281; 265.282; 265.300; 265.301(a) (March 23, 2006); 265.301(b) through 265.301(i); 265.302; 265.303(a) (March 23, 2006); 265.303(b) and (c); 265.304; 265.309; 265.310; 265.312(a); 265.313; 265.314(a) (except 265.314(a)(2) and (a)(3)) (March 23, 2006); 265.314(b) (except the last sentence) (March 23, 2006); 265.314(c) through (g) (March 23, 2006); 265.315; 265.316; 265.340; 265.341; 265.345; 265.347; 265.351; 265.352; 265.370; 265.373; 265.375; 265.377; 265.381; 265.382; 265.383; 265.400 through 265.406; 265.430; 265.440 through 265.445; 265.1030 through 265.1035 (except reserved provision); 265.1050 (except reserved provision); 265.1051 through 265.1060; 265.1061 (March 23, 2006); 265.1062 (March 23, 2006); 265.1063; 265.1064; 265.1080 through 265.1090; 265.1100 (March 23, 2006); 265.1101 (except (c)(2) and the phrase ``, except for Performance Track . . . director'' and the last sentence in 265.1101(c)(4)); 265.1101 (c)(2) (March 23, 2006); 265.1102; 265.1200; 265.1201; 265.1202; Appendix I; and Appendices III through VI. Section 266--Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities-- 266.20 through 266.23; 266.70 (except 266.70(b)(3)); 266.80 (except items 6 and 7 to the 266.80(a) table); 266.100; 266.101; 266.102 (except 266.102(e)(10)); 266.102(e)(10) (March 23, 2006); 266.103 (except 266.103(d) and (k)); 266.103(d) and (k) (March 23, 2006); 266.104 through 266.112; 266.200 through 266.206; 266.210; 266.220; 266.225; 266.230; 266.235; 266.240; 266.245; 266.250; 266.255; 266.260; 266.305; 266.310; 266.315; 266.320; 266.325; 266.330; 266.335; 266.340; 266.345; 266.350; 266.355; 266.360; and Appendices I through XIII. Section 267--Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit--267.1 through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50 through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110 through 267.113; 267.115 through 267.117; 267.140 through 267.143; 267.147 through 267.151; 267.170 through 267.177; 267.190 through 267.204; and 267.1100 through 267.1108. Section 268--Land Disposal Restrictions--268.1; 268.2 through 268.4, 268.7(a) (except 268.7(a)(1) and reserved provisions); 268.7(a)(1) (March 23, 2006); 268.7(b) (except 268.7(b)(6)); 268.7(b)(6) (March 23, 2006); 268.7(c) through (e); 268.9(a) (except second sentence); 268.9(b) and (c); 268.9(d) introductory paragraph (March 23, 2006); 268.9(d) (1) and (2) (except reserved provision); 268.13; 268.14; 268.20, 268.30 through 268.39; 268.40 (except 268.40(e)(1)-(4) and 268.40(i)); 268.41; 268.42 (except 268.42(b)); 268.43; 268.45; 268.46; 268.48; 268.49; 268.50; and Appendices III, IV, VI through IX and XI. Section 270--Administered Permit Programs: The Hazardous Waste Permit Program--270.1; 270.2; 270.3 (except reserved provision); 270.4; 270.5; 270.6; 270.7 (except 270.7(h) and (j)); 270.10 (except 270.10(e)(8) and (k)); 270.11 through 270.33; 270.40; 270.41; 270.42 (except 270.42(l)); 270.42 Appendix I (except entry at item O); 270.43; 270.50; 270.51; 270.60 (except reserved provision); 270.61 through 270.68; 270.70 through 270.73; 270.79; 270.80; 270.85; 270.90; 270.95; 270.100; 270.105; 270.110; 270.115; 270.120; 270.125; 270.130; 270.135; 270.140; 270.145; 270.150; 270.155; 270.160; 270.165; 270.170; 270.175; 270.180; 270.185; 270.190; 270.195; 270.200; 270.205; 270.210; 270.215; 270.220; 270.225; 270.230; 270.235; 270.250; 270.255; 270.260; 270.265; 270.270; 270.275; 270.280; 270.290; 270.300; 279.305; 270.310; 270.315; and 270.320. Section 273--Standards for Universal Waste Management--273.1 through 273.4; [[Page 4969]] 273.5 (except 273.5(b)(3)); 273.6; 273.8 through 273.20; 273.30 through 273.40; 273.50 through 273.56; 273.60; 273.61; 273.62; 273.70 (except 273.70 (d)); 273.80; and 273.81. Section 279--Standards for the Management of Used Oil--279.1; 279.10; 279.11; 279.12; 279.20 through 279.24; 279.30; 279.31; 279.32; 279.40 through 279.47; 279.50 through 279.67; 279.70 through 279.75; 279.80; 279.81; and 279.82(a). Copies of the Arkansas regulations that are incorporated by reference are available from the Arkansas Department of Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682- 0923. * * * * * [FR Doc. 2016-01657 Filed 1-28-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4961
practicable and legally permissible requirements, Sulfur oxides, Volatile (C) Title R307 of the Utah
methods, under Executive Order 12898 organic compounds. Administrative Code, Environmental
(59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. Quality, Air Quality, R307–101, General
The SIP is not approved to apply on Requirements; effective November 8,
any Indian reservation land or in any Dated: August 4, 2015. 2012, as proposed in the Utah State
other area where EPA or an Indian tribe Shaun L. McGrath, Bulletin on September 1, 2012, and
has demonstrated that a tribe has Regional Administrator, Region 8. published as effective in the Utah State
jurisdiction. In those areas of Indian Editorial Note: This document was Bulletin on December 1, 2012.
country, the rule does not have tribal received for publication by the Office of (D) Title R307 of the Utah
implications and will not impose Federal Register on January 14, 2016. Administrative Code, Environmental
substantial direct costs on tribal Quality, Air Quality, R307–102, General
governments or preempt tribal law as 40 CFR part 52 is amended to read as Requirements: Broadly Applicable
specified by Executive Order 13175 (65 follows: Requirements; effective November 8,
FR 67249, November 9, 2000). 2012, as proposed in the Utah State
The Congressional Review Act, 5 PART 52—APPROVAL AND
PROMULGATION OF Bulletin on September 1, 2012, and
U.S.C. 801 et seq, as added by the Small published as effective in the Utah State
Business Regulatory Enforcement IMPLEMENTATION PLANS
Bulletin on December 1, 2012.
Fairness Act of 1996, generally provides (E) Title R307 of the Utah
■ 1. The authority citation for part 52
that before a rule may take effect, the Administrative Code, Environmental
continues to read as follows:
agency promulgating the rule must Quality, Air Quality, R307–307, Davis,
submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq. Salt Lake, and Utah Counties: Road
copy of the rule, to each House of the Salting and Sanding; effective
Congress and to the Comptroller General Subpart TT—Utah
November 8, 2012, as proposed in the
of the United States. EPA will submit a Utah State Bulletin on September 1,
■ 2. Section 52.2320 is amended by
report containing this rule and other 2012, and published as effective in the
adding paragraph (c)(81) to read as
required information to the U.S. Senate, Utah State Bulletin on December 1,
the U.S. House of Representatives, and follows:
2012.
the Comptroller General of the United § 52.2320 Identification of plan. [FR Doc. 2016–01022 Filed 1–28–16; 8:45 am]
States prior to publication of the rule in * * * * * BILLING CODE 6560–50–P
the Federal Register. A major rule (c) * * *
cannot take effect until 60 days after it
(81) On February 25, 2013, August 5,
is published in the Federal Register. ENVIRONMENTAL PROTECTION
2013, and March 5, 2014, the Governor
This action is not a ‘‘major rule’’ as
submitted revisions to the Utah State AGENCY
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Implementation Plan (SIP) rules. The
February 25, 2013 submittal renumbers 40 CFR Parts 271 and 272
Air Act, petitions for judicial review of
this action must be filed in the United Interstate Transport to R307–110–37. [EPA–R06–2015–2015–0661; FRL–9940–27–
States Court of Appeals for the The August 5, 2013 SIP revisions give Region 6]
appropriate circuit by March 29, 2016. the Director of the Division of Air
Quality the authority to make regulatory Arkansas: Final Authorization of State-
Filing a petition for reconsideration by
decisions that were previously made by Initiated Changes and Incorporation by
the Administrator of this final rule does
either the Air Quality Board or the Reference of Approved State
not affect the finality of this action for
Executive Secretary of the Air Quality Hazardous Waste Management
the purposes of judicial review nor does
Board. The March 5, 2014 submittal Program
it extend the time within which a
petition for judicial review may be filed, establishes a 30-day public comment AGENCY: Environmental Protection
and shall not postpone the effectiveness period for the public notice and Agency (EPA).
of such rule or action. Parties with comment period for all actions for new
ACTION: Direct final rule.
objections to this direct final rule are or modified sources. EPA is approving
encouraged to file a comment in these revisions. SUMMARY: During a review of Arkansas’
response to the parallel notice of (i) Incorporation by reference. regulations, the Environmental
proposed rulemaking for this action (A) Title R307 of the Utah Protection Agency (EPA) identified two
published in the proposed rules section Administrative Code, Environmental State-initiated changes to its hazardous
of today’s Federal Register, rather than Quality, Air Quality, R307–110, General waste program under the Resource
file an immediate petition for judicial Requirements: State Implementation Conservation and Recovery Act (RCRA).
review of this direct final rule, so that Plan, R307–110–37, Section XXIII, We have determined that these changes
EPA can withdraw this direct final rule Interstate Transport; effective December are minor and satisfy all requirements
and address the comment in the 6, 2012, as proposed in the Utah State needed to qualify for Final authorization
proposed rulemaking. This action may Bulletin on October 1, 2012, and and are authorizing the State-initiated
not be challenged later in proceedings to published as effective in the Utah State changes through this direct Final action.
enforce its requirements. (See section Bulletin on January 1, 2013. The Solid Waste Disposal Act, as
307(b)(2).) (B) Title R307 of the Utah amended, commonly referred to as the
Administrative Code, Environmental Resource Conservation and Recovery
jstallworth on DSK7TPTVN1PROD with RULES
List of Subjects in 40 CFR Part 52 Quality, Air Quality, R307–401, Permit: Act (RCRA), allows the Environmental
Environmental protection, Air New and Modified Sources, R307–401– Protection Agency (EPA) to authorize
pollution control, Carbon monoxide, 7, Public Notice; effective October 3, States to operate their hazardous waste
Incorporation by reference, 2013, as proposed in the Utah State management programs in lieu of the
Intergovernmental relations, Lead, Bulletin on August 1, 2013, and Federal program. The EPA uses the
Nitrogen dioxide, Ozone, Particulate published as effective in the Utah State regulations entitled ‘‘Approved State
matter, Reporting and recordkeeping Bulletin on November 1, 2013. Hazardous Waste Management
VerDate Sep<11>2014 12:10 Jan 28, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1](https://thefederalregister.org/doc/81_FR_4980/page/1.svg)
![4966 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations
exercise its inspection and enforcement (2) The following provisions provide Appendix IX, 270.7(h) and (j),
authorities in accordance with sections the legal basis for the State’s 270.10(e)(8), 270.34, Chapter Three,
3007, 3008, 3013, 7003 of RCRA, 42 implementation of the hazardous waste Sections 19, 21 and 22; Chapter Five,
U.S.C. 6927, 6928, 6934, 6973, and any management program, but they are not Section 28.
other applicable statutory and being incorporated by reference and do (viii) Arkansas Pollution Control and
regulatory provisions, regardless of not replace Federal authorities: Ecology (APC&E) Commission,
whether the State has taken its own (i) Arkansas Code of 1987 Annotated Regulation No. 7, Civil Penalties, July
actions, as well as in accordance with (A.C.A.), 2011 Replacement, Title 4, 24, 1992.
other statutory and regulatory Business and Commercial Law, Chapter
(ix) Arkansas Pollution Control and
provisions. 75: Section 4–75–601(4) ‘‘Trade Secret’’.
(ii) Arkansas Code of 1987 Annotated Ecology (APC&E) Commission,
(c) State statutes and regulations. (1) Regulation No. 8, Administrative
The Arkansas statutes and regulations (A.C.A.), 2011 Replacement, Title 8,
Environmental Law, Chapter 1: Section Procedures, February 12, 2009.
cited in paragraph (c)(1)(i) of this
8–1–107. (3) The following statutory and
section are incorporated by reference as
(iii) Arkansas Hazardous Waste regulatory provisions are broader in
part of the hazardous waste
Management Act of 1979, as amended, scope than the Federal program, are not
management program under subtitle C
Arkansas Code of 1987 Annotated part of the authorized program, and are
of RCRA, 42 U.S.C. 6921 et seq. The
(A.C.A.), 2011 Replacement, Title 8, not incorporated by reference:
Director of the Federal Register
approves this incorporation by reference Environmental Law, Chapter 7, (i) Arkansas Hazardous Waste
in accordance with 5 U.S.C. 552(a) and Subchapter 2: Sections 8–7–204 (except Management Act, as amended, Arkansas
8–7–204(e)(3)(B)), 8–7–205 through 8– Code of 1987 Annotated (A.C.A.), 2011
1 CFR part 51. You may obtain copies
7–214, 8–7–217, 8–7–218, 8–7–220, 8– Replacement, Title 8, Environmental
of the Arkansas statutes that are
7–222, 8–7–224, 8–7–225(b) through 8– Law, Chapter 7, Subchapter 2: Section
incorporated by reference from Michie
7–225(d), and 8–7–227. 8–7–226.
Publishing, 1275 Broadway, Albany, (iv) Arkansas Resource Reclamation
New York 12204, Phone: (800) 223– (ii) Arkansas Pollution Control and
Act of 1979, as amended, Arkansas Code Ecology (APC&E) Commission
1940. Copies of the Arkansas regulations of 1987 Annotated (A.C.A.), 2011
that are incorporated by reference are Regulation No. 23, Hazardous Waste
Replacement, Title 8, Environmental
available from the Arkansas Department Management, as amended June 22, 2012,
Law, Chapter 7, Subchapter 3: Sections
of Environmental Quality Web site at effective August 12, 2012, Chapter Two,
8–7–302(3), 8–7–303 and 8–7–308.
http://www.adeq.state.ar.us/regs/ (v) Remedial Action Trust Fund Act Sections 6, 262.13(c), 262.24(d),
default.htm or the Public Outreach of 1985, as amended, Arkansas Code of 263.10(e), 263.13, 264.71(e), and
Office, ADEQ, 5301 Northshore Drive, 1987 Annotated (A.C.A.), 2011 265.71(e).
North Little Rock, Arkansas 72118– Replacement, Title 8, Environmental (4) Unauthorized State amendments
5317, Phone: (501) 682–0923. You may Law, Chapter 7, Subchapter 5: Sections and provisions. (i) Arkansas has
inspect a copy at EPA Region 6, 1445 8–7–503(6) and (7), 8–7–505(3), 8–7– partially or fully adopted, but is not
Ross Avenue, Dallas, Texas 75202 507, 8–7–508, 8–7–511 and 8–7–512. authorized to implement, the Federal
(Phone number (214) 665–8533), or at (vi) Arkansas Freedom of Information rules that are listed in the table in this
the National Archives and Records Act (FOIA) of 1967, as amended, paragraph (c)(4)(i). The EPA will
Administration (NARA). For Arkansas Code of 1987 Annotated continue to implement the Federal
information on the availability of this (A.C.A.), 2011 Replacement, Title 25, HSWA requirements for which
material at NARA, call 202–741–6030, State Government, Chapter 19: Sections Arkansas is not authorized until the
or go to: http://www.archives.gov/ 25–19–103(1), 25–19–105, 25–19–107. State receives specific authorization for
federal-register/cfr/ibr-locations.html. (vii) Arkansas Pollution Control and those requirements. The EPA will not
(i) The binder entitled ‘‘EPA- Ecology (APC&E) Commission enforce the non-HSWA Federal rules
Approved Arkansas Statutory and Regulation No. 23, Hazardous Waste although they may be enforceable under
Regulatory Requirements Applicable to Management, as amended June 22, 2012, State law. For those Federal rules that
the Hazardous Waste Management effective August 12, 2012, Chapter One; contain both HSWA and non-HSWA
Program’’, dated December 2014. Chapter Two, Sections 1, 2, 3(a), 3(b)(3), requirements, the EPA will enforce only
(ii) [Reserved] 4, 260.2, 260.20(c) through (f), 261 the HSWA portions of the rules.
Federal
Federal requirement Register Publication date
reference
HSWA Codification Rule—Delisting (HSWA) (Checklist 17B—amendments to 40 CFR 260.22 only) ......... 50 FR 28702 July 15, 1985.
Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (‘‘Headworks exemptions’’) 70 FR 57769 October 4, 2005.
(Non-HSWA) (Checklist 211).
Burden Reduction Initiative (HSWA and Non-HSWA) (Checklist 213) .......................................................... 71 FR 16862 April 4, 2006.
Corrections to Errors in the Code of Federal Regulations (HSWA and Non-HSWA) (Checklist 214) .......... 71 FR 40254 July 14, 2006.
(ii) The Federal rules listed in the delegable to States. Arkansas has authority to the EPA for implementation
jstallworth on DSK7TPTVN1PROD with RULES
table in this paragraph (c)(4)(ii) are not adopted these provisions and left the and enforcement.
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![Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4969
273.5 (except 273.5(b)(3)); 273.6; 273.8 and Innovation Opportunities of operations’’ in this Commencing
through 273.20; 273.30 through 273.40; Spectrum Through Incentive Auctions, Operations R&O.
273.50 through 273.56; 273.60; 273.61; GN Docket No. 12–268, FCC 15–140,
273.62; 273.70 (except 273.70 (d)); 273.80; Report to Small Business
adopted October 21, 2015
and 273.81. Administration
Section 279—Standards for the
(‘‘Commencing Operations R&O’’).
§§ 15.713(b)(2)(iv), 15.713(j)(10) The Commission will send a copy of
Management of Used Oil—279.1; 279.10;
279.11; 279.12; 279.20 through 279.24; introductory text, 15.715(n), and this Commencing Operations R&O,
279.30; 279.31; 279.32; 279.40 through 73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), including this Supplemental FRFA, to
279.47; 279.50 through 279.67; 279.70 and (g)(4)(v) of the rules contain the Chief Counsel for Advocacy of the
through 279.75; 279.80; 279.81; and previously adopted new or modified Small Business Administration.
279.82(a). information collection requirements that Paperwork Reduction Act
Copies of the Arkansas regulations that are the Commission previously stated
incorporated by reference are available from would require approval by the Office of This document does not contain new
the Arkansas Department of Environmental Management and Budget under the or modified information collection
Quality Web site at http:// requirements subject to the Paperwork
www.adeq.state.ar.us/regs/default.htm or the
Paperwork Reduction Act. 79 FR 48539
(Aug. 15, 2014); and 80 FR 73070 (Nov. Reduction Act of 1995 (PRA), Public
Public Outreach Office, ADEQ, 5301 Law 104–13.
Northshore Drive, North Little Rock, 23, 2015). The Commission will publish
Arkansas 72118–5317, Phone: (501) 682– a notice in the Federal Register Congressional Review Act
0923. announcing the effective date for these
The Commission will send a copy of
* * * * * rules, which will be different than the
the Commencing Operations R&O,
[FR Doc. 2016–01657 Filed 1–28–16; 8:45 am] notice for the other adopted rules. The
including this Supplemental FRFA, in a
complete text of this document is
BILLING CODE 6560–50–P report to be sent to Congress and the
available for public inspection and
Government Accountability Office
copying from 8:00 a.m. to 4:30 p.m.
pursuant to the Congressional Review
FEDERAL COMMUNICATIONS Eastern Time (ET) Monday through
Act. A copy of the Commencing
COMMISSION Thursday or from 8:00 a.m. to 11:30 a.m.
Operations R&O and Supplemental
ET on Fridays in the FCC Reference
FRFA (or summaries thereof) will also
47 CFR Parts 15, 27, 73, and 74 Information Center, 445 12th Street SW.,
be published in the Federal Register.
Room CY–A257, Washington, DC
[GN Docket No. 12–268, FCC 15–140] 200554. It is also available on the I. Introduction
Commission’s Web site at http:// 1. In the Incentive Auction R&O, the
Expanding the Economic and
wireless.fcc.gov, or by using the search Commission adopted transition rules
Innovation Opportunities of Spectrum function on the ECFS Web page at
Through Incentive Auctions that permit low power television and
http://www.fcc.gov/cgb/ecfs/. To request TV translator (‘‘LPTV’’) stations, fixed
AGENCY: Federal Communications materials in accessible formats for broadcast auxiliary service operations
Commission. people with disabilities (Braille, large (‘‘BAS’’), and unlicensed white space
ACTION: Final rule. print, electronic files, audio format), devices (hereinafter, collectively,
send an email to fcc504@fcc.gov or ‘‘secondary and unlicensed users’’) to
SUMMARY: In this document, the Federal telephone the Consumer and continue operating in the 600 MHz
Communications Commission Governmental Affairs Bureau at (202) Band, under specified conditions, after
(‘‘Commission’’ or ‘‘FCC’’) defines when 418–0530 (voice), (202) 18–0432 (TTY). the spectrum has been licensed to new
and in what areas 600 MHz Band Supplemental Final Regulatory 600 MHz Band wireless licensees. The
wireless licensees will be deemed to Flexibility Analysis secondary and unlicensed users must
‘‘commence operations’’ for the purpose vacate the band once the wireless
of establishing when secondary and As required by the Regulatory
Flexibility Act of 1980, as amended licensee ‘‘commences operations’’ in its
unlicensed users must cease operations licensed 600 MHz spectrum, or on a
and vacate the 600 MHz Band. (‘‘RFA’’), an Initial Regulatory
Flexibility Analysis (‘‘IRFA’’) was date certain.1 In this Commencing
DATES: The rules will become effective Operations R&O, the Commission
incorporated in the Expanding the
February 29, 2016, except for defines when and in what areas 600
Economic and Innovation Opportunities
§§ 15.713(b)(2)(iv), 15.713(j)(10) MHz Band wireless licensees will be
of Spectrum Through Incentive
introductory text, 15.715(n), and deemed to ‘‘commence operations’’ for
Auctions 77 FR 69934, Nov. 21, 2012
73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), the purpose of establishing when the
(‘‘Incentive Auction NPRM’’). The
and (g)(4)(v), which contain new or secondary and unlicensed users must
Commission sought written public
modified information collection cease operations and vacate the 600
comment on the proposals in the
requirements that require approval by Incentive Auction NPRM, including MHz Band in those areas. Specifically,
the Office of Management and Budget comment on the IRFA. The Commission
under the Paperwork Reduction Act. subsequently incorporated a Final
1 See Incentive Auction R&O. This Commencing
The Commission will publish a Regulatory Flexibility Analysis
Operations R&O only addresses the requirements
document in the Federal Register relating to secondary and unlicensed users vacating
(‘‘FRFA’’) in Expanding the Economic the 600 MHz Band where 600 MHz Band wireless
announcing the effective date for those and Innovation Opportunities of licensees commence operations. Secondary and
rules. Spectrum Through Incentive Auctions unlicensed users also may be required to vacate
jstallworth on DSK7TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: Paul portions of the 600 MHz Band to the extent the
79 FR 48442, (Aug. 15, 2014) (‘‘Incentive auction system assigns a television station to a
Malmud of the Wireless Auction R&O’’).This Supplemental channel in the 600 MHz Band. See Broadcast
Telecommunications Bureau, FRFA conforms to the RFA and Incentive Auction Scheduled to Begin March 29,
Broadband Division, at 202–418–0006 incorporates by reference the FRFA in 2016; Procedures for Competitive Bidding in
or paul.malmud@fcc.gov. Auction 1000, Including Initial Clearing Target
the Incentive Auction R&O. It reflects Determination, Qualifying to Bid, and Bidding in
SUPPLEMENTARY INFORMATION: This is a changes to the Commission’s rules Auctions 1001 (Reverse) and 1002 (Forward), 80 FR
summary of Expanding the Economic arising from defining ‘‘commence 61918, Oct. 14, 2014.
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Document Created: 2016-01-29 00:41:10
Document Modified: 2016-01-29 00:41:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This regulation is effective March 29, 2016, unless the EPA receives adverse written comment on this regulation by the close of business February 29, 2016. If the EPA receives such comments, it will publish a timely withdrawal of this direct final rule in the Federal Register informing the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of March 29, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. | |
| Contact | Alima Patterson, Region 6 Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone numbers: (214) 665-8533 or (214) 665-8178, and Email | |
| FR Citation | 81 FR 4961 | |
| CFR Citation | 40
CFR
271 40 CFR 272 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Hazardous Materials Transportation; Incorporation by Reference; Water Pollution Control and Water Supply |
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