81_FR_53180 81 FR 53025 - Arkansas: Final Authorization of State Hazardous Waste Management Program Revision

81 FR 53025 - Arkansas: Final Authorization of State Hazardous Waste Management Program Revision

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range53025-53031
FR Document2016-18433

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 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.

Federal Register, Volume 81 Issue 155 (Thursday, August 11, 2016)
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 53025-53031]
From the Federal Register Online  [www.thefederalregister.org]
[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: [email protected].
     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 
[email protected].

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



                                                               Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                                     53025

                                              quantifiable in any of the residue field                responsibilities established by Congress              halauxifen-methyl, including its
                                              trials. Therefore, the values for                       in the preemption provisions of FFDCA                 metabolites and degradates, in or on the
                                              measuring compliance with these                         section 408(n)(4). As such, the Agency                commodities in the table below.
                                              tolerances only include residues of                     has determined that this action will not              Compliance with the tolerance levels
                                              halauxifen-methyl. With the exception                   have a substantial direct effect on States            specified below is to be determined by
                                              of wheat, hay, this revision to the                     or tribal governments, on the                         measuring only halauxifen-methyl
                                              residues of concern for tolerance                       relationship between the national                     (methyl (4-amino-3-chloro-6-(4-chloro-
                                              enforcement had no impact on the plant                  government and the States or tribal                   2-fluoro-3-methoxyphenyl)-2-pyridine
                                              commodity tolerances.                                   governments, or on the distribution of                carboxylate).
                                                                                                      power and responsibilities among the
                                              V. Conclusion
                                                                                                      various levels of government or between                         Commodity                    Parts per million
                                                 Therefore, tolerances are established                the Federal Government and Indian
                                              for residues of halauxifen-methyl,                      tribes. Thus, the Agency has determined               Barley, grain .....................                0.01
                                              (methyl 4-amino-3-chloro-6-(4-chloro-2-                 that Executive Order 13132, entitled                  Barley, hay ........................               0.01
                                              fluoro-3-methoxyphenyl) pyridine-2-                                                                           Barley, straw .....................                0.01
                                                                                                      ‘‘Federalism’’ (64 FR 43255, August 10,
                                              carboxylate) and its major metabolite,                                                                        Wheat, forage ...................                  0.50
                                                                                                      1999) and Executive Order 13175,                      Wheat, grain .....................                 0.01
                                              XDE–729 acid, expressed as halauxifen-                  entitled ‘‘Consultation and Coordination              Wheat, hay .......................                 0.03
                                              methyl (parent) equivalents, in or on                   with Indian Tribal Governments’’ (65 FR               Wheat, straw .....................                0.015
                                              barley, (grain, hay, straw) and wheat,                  67249, November 9, 2000) do not apply
                                              grain at 0.01 ppm; wheat, forage at 0.50                to this action. In addition, this action                (b) Section 18 emergency exemptions.
                                              ppm; wheat, hay at 0.03 ppm; and                        does not impose any enforceable duty or               [Reserved]
                                              wheat, straw at 0.015 ppm.                              contain any unfunded mandate as                         (c) Tolerances with regional
                                              VI. Statutory and Executive Order                       described under Title II of the Unfunded              registrations. [Reserved]
                                              Reviews                                                 Mandates Reform Act (UMRA) (2 U.S.C.                    (d) Indirect or inadvertent residues.
                                                                                                      1501 et seq.).                                        [Reserved]
                                                 This action establishes tolerances                      This action does not involve any                   [FR Doc. 2016–19118 Filed 8–10–16; 8:45 am]
                                              under FFDCA section 408(d) in                           technical standards that would require                BILLING CODE 6560–50–P
                                              response to a petition submitted to the                 Agency consideration of voluntary
                                              Agency. The Office of Management and                    consensus standards pursuant to section
                                              Budget (OMB) has exempted these types                   12(d) of the National Technology                      ENVIRONMENTAL PROTECTION
                                              of actions from review under Executive                  Transfer and Advancement Act                          AGENCY
                                              Order 12866, entitled ‘‘Regulatory                      (NTTAA) (15 U.S.C. 272 note).
                                              Planning and Review’’ (58 FR 51735,                                                                           40 CFR Part 271
                                              October 4, 1993). Because this action                   VII. Congressional Review Act
                                              has been exempted from review under                       Pursuant to the Congressional Review                [EPA–R06–RCRA–2016–0176; FRL–9950–
                                              Executive Order 12866, this action is                   Act (5 U.S.C. 801 et seq.), EPA will                  13–Region 6]
                                              not subject to Executive Order 13211,                   submit a report containing this rule and              Arkansas: Final Authorization of State
                                              entitled ‘‘Actions Concerning                           other required information to the U.S.
                                                                                                                                                            Hazardous Waste Management
                                              Regulations That Significantly Affect                   Senate, the U.S. House of
                                                                                                                                                            Program Revision
                                              Energy Supply, Distribution, or Use’’ (66               Representatives, and the Comptroller
                                              FR 28355, May 22, 2001) or Executive                    General of the United States prior to                 AGENCY: Environmental Protection
                                              Order 13045, entitled ‘‘Protection of                   publication of the rule in the Federal                Agency (EPA).
                                              Children from Environmental Health                      Register. This action is not a ‘‘major                ACTION: Direct final rule.
                                              Risks and Safety Risks’’ (62 FR 19885,                  rule’’ as defined by 5 U.S.C. 804(2).
                                              April 23, 1997). This action does not                                                                         SUMMARY:    The State of Arkansas has
                                                                                                      List of Subjects in 40 CFR Part 180                   applied to the United States
                                              contain any information collections
                                              subject to OMB approval under the                         Environmental protection,                           Environmental Protection Agency (EPA)
                                              Paperwork Reduction Act (PRA) (44                       Administrative practice and procedure,                for final authorization of the changes to
                                              U.S.C. 3501 et seq.), nor does it require               Agricultural commodities, Pesticides                  its hazardous waste program under the
                                              any special considerations under                        and pests, Reporting and recordkeeping                Resource Conservation and Recovery
                                              Executive Order 12898, entitled                         requirements.                                         Act (RCRA). EPA has determined that
                                              ‘‘Federal Actions to Address                              Dated: July 28, 2016.                               these changes satisfy all requirements
                                              Environmental Justice in Minority                       Jack E. Housenger,                                    needed to qualify for final authorization,
                                              Populations and Low-Income                              Director, Office of Pesticide Programs.               and is authorizing the State’s changes
                                              Populations’’ (59 FR 7629, February 16,                   Therefore, 40 CFR chapter I is                      through this direct final rule. In the
                                              1994).                                                  amended as follows:                                   ‘‘Proposed Rules’’ section of this
                                                 Since tolerances and exemptions that                                                                       Federal Register, EPA is also publishing
                                              are established on the basis of a petition              PART 180—[AMENDED]                                    a separate document that serves as the
                                              under FFDCA section 408(d), such as                                                                           proposal to authorize these changes.
                                              the tolerances in this final rule, do not               ■ 1. The authority citation for part 180              EPA believes this action is not
                                              require the issuance of a proposed rule,                continues to read as follows:                         controversial and does not expect
                                              the requirements of the Regulatory                          Authority: 21 U.S.C. 321(q), 346a and 371.        comments that oppose it. Unless EPA
sradovich on DSK3GMQ082PROD with RULES




                                              Flexibility Act (RFA) (5 U.S.C. 601 et                                                                        receives written comments which
                                                                                                      ■ 2. Add § 180.691 to subpart C to read
                                              seq.), do not apply.                                                                                          oppose this authorization during the
                                                                                                      as follows:
                                                 This action directly regulates growers,                                                                    comment period, the decision to
                                              food processors, food handlers, and food                § 180.691 Halauxifen-methyl; tolerances               authorize Arkansas’ changes to its
                                              retailers, not States or tribes, nor does               for residues.                                         hazardous waste program will take
                                              this action alter the relationships or                    (a) General. Tolerances are                         effect. If EPA receives comments that
                                              distribution of power and                               established for residues of the herbicide,            oppose this action, EPA will publish a


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                                              53026            Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                              document in the Federal Register                        comment, the EPA recommends that                      modified or when certain other changes
                                              withdrawing this direct final rule before               you include your name and other                       occur. Most commonly, States must
                                              it takes effect, and the separate                       contact information in the body of your               change their programs because of
                                              document in the ‘‘Proposed Rules’’                      comment and with any disk or CD–ROM                   changes to the EPA’s regulations in 40
                                              section of this Federal Register will                   you submit. If the EPA cannot read your               CFR parts 124, 260 through 268, 270,
                                              serve as the proposal to authorize the                  comment due to technical difficulties                 273, and 279.
                                              changes.                                                and cannot contact you for clarification,
                                                                                                                                                              New Federal requirements and
                                              DATES:   This final authorization is                    the EPA may not be able to consider
                                                                                                                                                            prohibitions imposed by Federal
                                              effective on October 11, 2016 unless the                your comment. Electronic files should
                                                                                                                                                            regulations that the EPA promulgates
                                              EPA receives adverse written comment                    avoid the use of special characters, any
                                                                                                      form of encryption, and be free of any                pursuant to the Hazardous and Solid
                                              by September 12, 2016. If the EPA                                                                             Waste Amendments of 1984 (HSWA)
                                              receives such comment, EPA will                         defects or viruses. (For additional
                                                                                                      information about the EPA’s public                    take effect in authorized States at the
                                              publish a timely withdrawal of this                                                                           same time that they take effect in
                                              direct final rule in the Federal Register               docket, visit the EPA Docket Center
                                                                                                      homepage at http://www.epa.gov/                       unauthorized States. Thus, the EPA will
                                              and inform the public that this                                                                               implement those requirements and
                                              authorization will not take effect.                     epahome/dockets.htm.)
                                                                                                         Docket: All documents in the docket                prohibitions in the State of Arkansas,
                                              ADDRESSES: Submit your comments by                                                                            including the issuance of new permits
                                                                                                      are listed in the http://
                                              one of the following methods:                                                                                 implementing those requirements, until
                                                                                                      www.regulations.gov index. Although
                                                 • Federal eRulemaking Portal: http://                                                                      the State is granted authorization to do
                                                                                                      listed in the index, some information is
                                              www.regulations.gov. Follow the on-line                                                                       so.
                                                                                                      not publicly available, e.g., CBI or other
                                              instructions for submitting comments.
                                                 • Email: patterson.alima@epa.gov.                    information whose disclosure is
                                                                                                                                                            II. What decisions has the EPA made in
                                                 • Fax: (214) 665–6762 (prior to                      restricted by statute. Certain other
                                                                                                                                                            this rule?
                                              faxing, please notify Alima Patterson at                material, such as copyrighted material,
                                              (214) 665–8533).                                        will be publicly available only in hard                 On November 30, 2015, Arkansas
                                                 • Mail: Alima Patterson, Region 6,                   copy. Publicly available docket                       submitted a final complete program
                                              Regional Authorization Coordinator,                     materials are available either                        revision application seeking
                                              RCRA Permit Section (RPM),                              electronically in http://                             authorization of changes to its
                                              Multimedia Planning and Permitting                      www.regulations.gov, or in hard copy.                 hazardous waste program that
                                              Division, EPA Region 6, 1445 Ross                          You can view and copy Arkansas’                    correspond to certain Federal rules
                                              Avenue, Dallas Texas 75202–2733.                        application and associated publicly                   promulgated between October 4, 2005
                                                 • Hand Delivery or Courier: Deliver                  available materials from 8:30 a.m. to 4               and January 3, 2014, including the
                                              your comments to Alima Patterson,                       p.m. Monday through Friday at the
                                                                                                                                                            adoption of portions of RCRA Clusters
                                              Region 6, Regional Authorization                        following locations: Arkansas
                                                                                                                                                            XVI and XVII, and RCRA Clusters XXII
                                              Coordinator, RCRA Permit Section                        Department of Environmental Quality
                                                                                                                                                            and XXIII (Checklists 211, 213, 214, and
                                              (RPM), Multimedia Planning and                          (ADEQ), 8101 Interstate 30, Little Rock,
                                                                                                      Arkansas 72219–8913, (501) 682–0876,                  228 through 232). The EPA concludes
                                              Permitting Division, EPA Region 6, 1445                                                                       that Arkansas’ application to revise its
                                              Ross Avenue, Dallas Texas 75202–2733.                   and EPA, Region 6, 1445 Ross Avenue,
                                                                                                      Dallas, Texas 75202–2733, phone                       authorized program meets all of the
                                                 Instructions: EPA must receive your                                                                        statutory and regulatory requirements
                                              comments by September 12, 2016.                         number (214) 665–8533. Interested
                                                                                                      persons wanting to examine these                      established by RCRA, as set forth in
                                              Direct your comments to Docket ID
                                                                                                      documents should make an                              RCRA section 3006(b), 42 U.S.C.
                                              Number EPA–R06–RCRA–2016–0176.
                                                                                                      appointment with the office at least two              6926(b), and 40 CFR part 271. Therefore,
                                              The EPA’s policy is that all comments
                                                                                                      weeks in advance.                                     the EPA grants Arkansas final
                                              received will be included in the public
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            authorization to operate its hazardous
                                              docket without change and may be
                                                                                                      Alima Patterson, Region 6 Regional                    waste program with the changes
                                              made available online at http://
                                              www.regulations.gov, including any                      Authorization Coordinator, RCRA                       described in the authorization
                                              personal information provided, unless                   Permit Section (RPM), Multimedia                      application, and as outlined below in
                                              the comment includes information                        Planning and Permitting Division, (214)               Section G of this document. The State
                                              claimed to be Confidential Business                     665–8533, EPA Region 6, 1445 Ross                     of Arkansas has responsibility for
                                              Information (CBI), or other information                 Avenue, Dallas, Texas 75202–2733, and                 permitting treatment, storage, and
                                              whose disclosure is restricted by statute.              email address patterson.alima@epa.gov.                disposal facilities (TSDFs) within its
                                              Do not submit information that you                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                            borders (except in Indian Country) and
                                              consider to be CBI or otherwise                                                                               for carrying out the aspects of the RCRA
                                              protected through regulations.gov, or                   I. Why are revisions to State programs                program described in its revised
                                              email. The Federal regulations.gov Web                  necessary?                                            program application, subject to the
                                              site is an ‘‘anonymous access’’ system,                   States which have received final                    limitations of HSWA, as discussed
                                              which means the EPA will not know                       authorization from the EPA under RCRA                 above. New Federal requirements and
                                              your identity or contact information                    section 3006(b), 42 U.S.C. 6926(b), must              prohibitions imposed by Federal
                                              unless you provide it in the body of                    maintain a hazardous waste program                    regulations that the EPA promulgates
                                              your comment. If you send an email                      that is equivalent to, consistent with,               under the authority of HSWA take effect
sradovich on DSK3GMQ082PROD with RULES




                                              comment directly to the EPA without                     and no less stringent than the Federal                in authorized States before they are
                                              going through regulations.gov, your                     program. As the Federal program                       authorized for the requirements. Thus,
                                              email address will be automatically                     changes, States must change their                     the EPA will implement those
                                              captured and included as part of the                    programs and ask the EPA to authorize                 requirements and prohibitions in
                                              comment that is placed in the public                    the changes. Changes to State programs                Arkansas, including issuing permits,
                                              docket and made available on the                        may be necessary when Federal or State                until the State is granted authorization
                                              Internet. If you submit an electronic                   statutory or regulatory authority is                  to do so.


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                                                               Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                        53027

                                              III. What is the effect of this                         then address all public comments in a                 responsibilities remain the same. Any
                                              authorization decision?                                 later final rule. You may not have                    differences between the State’s
                                                                                                      another opportunity to comment. If you                provisions and the Federal provisions
                                                 The effect of this decision is that a
                                                                                                      want to comment on this authorization,                are noted on the individual revision
                                              facility in Arkansas subject to RCRA
                                                                                                      you must do so at this time.                          Checklists. The official State regulations
                                              will now have to comply with the
                                                                                                         If EPA receives comments that oppose               may be found in Arkansas Pollution
                                              authorized State requirements instead of
                                                                                                      only the authorization of a particular                Control and Ecology Commission
                                              the equivalent Federal requirements in
                                                                                                      change to the State hazardous waste                   Regulation Number 23 (Hazardous
                                              order to comply with RCRA. Arkansas
                                                                                                      program, EPA will withdraw only that                  Waste Management), last amended
                                              has enforcement responsibilities under
                                                                                                      part of this rule, but the authorization of           September 25, 2015, effective October
                                              its State hazardous waste program for
                                                                                                      the program changes that the comments                 18, 2015.
                                              violations of such program, but the EPA                 do not oppose will become effective on
                                              retains its authority under RCRA                                                                                The provisions for which the State is
                                                                                                      the date specified in this document. The
                                              sections 3007, 3008, 3013, and 7003,                                                                          seeking authorization are documented
                                                                                                      Federal Register withdrawal document
                                              which include, among others, authority                                                                        in the Rule Revision Checklists 211,
                                                                                                      will specify which part of the
                                              to:                                                                                                           213, 214, and 228 through 232, which
                                                                                                      authorization will become effective, and
                                                 • Do inspections, and require                        which part is being withdrawn.
                                                                                                                                                            are portions of RCRA Clusters XVI and
                                              monitoring, tests, analyses, or reports;                                                                      XVII, and RCRA Clusters XXII and
                                                 • Enforce RCRA requirements and                      VI. For what has Arkansas previously                  XXIII. Reference to Arkansas Code
                                              suspend or revoke permits; and                          been authorized?                                      Annotate (A.C.A) of 1987, Annotated, as
                                                 • Take enforcement actions after                        Arkansas initially received final                  amended August 2015. Reference to
                                              notice to and consultation with the                     authorization on January 25, 1985, (50                Arkansas Pollution Control and Ecology
                                              State.                                                  FR 1513) to implement its Base                        Commission (APC&EC) Regulations
                                                 This action does not impose                          Hazardous Waste Management program.                   Number 23, (Hazardous Waste
                                              additional requirements on the                          Arkansas received authorization for                   Management) (formerly titled the
                                              regulated community because the                         revisions to its program on January 11,               Arkansas Hazardous Waste Management
                                              regulations for which Arkansas is being                 1985 (50 FR 1513), effective January 25,              Code), last amended September 25,
                                              authorized by this action are already                   1985; March 27, 1990 (55 FR 11192),                   2015, to adopt all final rules
                                              effective under State law, and are not                  effective May 29, 1990; September 18,                 promulgated by the EPA through June
                                              changed by this action.                                 1991 (56 FR 47153), effective November                26 2014, which became, effective on
                                                                                                      18, 1991; October 5, 1992 (57 FR 45721),              October 18, 2015. Dates of enactment
                                              IV. Why is EPA using a direct final                                                                           and adoption for other statutes or
                                                                                                      effective December 4, 1992; October 7,
                                              rule?                                                                                                         regulations are given when cited.
                                                                                                      1994 (59 FR 51115), effective December
                                                Along with this direct final rule, the                21, 1994; April 24, 2002 (67 FR 20038),               VII. What changes is the EPA
                                              EPA is publishing a separate document                   effective June 24, 2002; and August 15,               authorizing with this action?
                                              in the ‘‘Proposed Rules’’ section of this               2007 (72 FR 45663), effective October
                                              Federal Register that serves as the                     15, 2007. The authorized Arkansas                        On November 30, 2015, the State of
                                              proposal to authorize these State                       RCRA program was incorporated by                      Arkansas submitted a final complete
                                              program changes. The EPA did not                        reference into the Code of Federal                    program revision application, seeking
                                              publish a proposal before this rule                     Regulations effective December 13, 1993               authorization of their changes in
                                              because EPA views this as a routine                     (58 FR 52674); June 28, 2010 (75 FR                   accordance with 40 CFR 271.21. We
                                              program change and do not expect                        36538), effective August 27, 2010;                    now make a direct final decision,
                                              comments. The EPA also views the                        August 10, 2012 (77 FR 47779), effective              subject to receipt of written comments
                                              Arkansas program revisions as                           October 9, 2012; and October 31, 2014                 that oppose this action, that the State of
                                              noncontroversial action and anticipates                 (79 FR 64678), effective December 30,                 Arkansas’ hazardous waste program
                                              no adverse comment.                                     2014. The authorized Arkansas RCRA                    revision is equivalent to, consistent
                                                EPA is providing an opportunity for                   program was incorporated by reference                 with, and no less stringent than the
                                              public comment now, as described in                     into the Code of Federal Regulations                  Federal program, and therefore satisfies
                                              Section E of this document.                             October 12, 1993 (58 FR 52674) effective              all of the requirements necessary to
                                                                                                      December 13, 1993; June 20, 1995 (60                  qualify for final authorization.
                                              V. What happens if the EPA receives                                                                           Therefore, the EPA grants the State of
                                                                                                      FR 32112) effective August 21, 1995;
                                              comments that oppose this action?                                                                             Arkansas final authorization for
                                                                                                      June 28, 2010 (75 FR 36538) effective
                                                 If the EPA receives comments that                    August 27, 2010; October 2, 2014 (79 FR               portions of RCRA Clusters XVI and
                                              oppose this authorization, EPA will                     59438) effective December 1, 2014;                    XVII, and RCRA Clusters XXII and XXIII
                                              withdraw this direct final rule by                      January 29, 2016 (81 FR 4961) effective               (Checklists 211, 213, 214, and 228
                                              publishing a document in the Federal                    March 29, 2016. On November 30, 2015,                 through 232). The State of Arkansas
                                              Register before the rule becomes                        Arkansas submitted a final complete                   program revisions consist of regulations
                                              effective. The EPA will base any further                program revision application seeking                  which specifically govern Federal
                                              decision on the authorization of the                    authorization of its program revision in              Hazardous Waste revisions promulgated
                                              State program changes on the proposal                   accordance with 40 CFR 271.21.                        October 4, 2005, April 4, 2006, July 14,
                                              mentioned in the previous section, after                   The ADEQ has re-organized its agency               2006, April 13, 2012, and July 2013
sradovich on DSK3GMQ082PROD with RULES




                                              considering all comments received                       and division’s program areas and                      through June 2014, which are listed in
                                              during the comment period. EPA will                     subunits, but all duties and                          a chart below.




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                                              53028            Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                                  Description of
                                               Federal requirement          Federal Register date and page                                             Analogous state authority
                                               (include checklist #,        (and/or RCRA statutory authority)
                                                    if relevant)

                                              1. Revision of Waste-      70 FR 57769–57785 October 4, 2005 ..            Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                water Treatment                                                            226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                Exemptions for                                                             23, (Hazardous Waste Management) (HWM) Sections 261.3(a)(2)(iv)(A), (B),
                                                Hazardous Waste                                                            (D), (F), and (G), as amended September 25, 2015, effective on October 18,
                                                Mixtures                                                                   2015.
                                                (‘‘Headworks ex-
                                                emptions’’).
                                                (Checklist 211).
                                              2. Burden Reduction        71 FR 16862–16915 April 4, 2006 .......         Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                Initiative. (Checklist                                                     226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                213).                                                                      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 Er-       71 FR 40254–40280 July 14, 2006 ......          Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                rors in the Code of                                                        226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                Federal Regula-                                                            23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘Incompatible
                                                tions. (Checklist                                                          Waste’’, ‘‘Personnel or facility personnel’’, ‘‘Universal waste’’, and ‘‘Used oil’’,
                                                214).                                                                      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’’ en-
                                                                                                                           tries, 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) intro-
                                                                                                                           ductory 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) introduc-
                                                                                                                           tory 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, Cer-
                                                                                                                           tification 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),
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                                                                                                                           264.151(1), CERTIFICATION OF VALID CLAIM, 264.151(m)(1), CERTIFI-
                                                                                                                           CATION 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),



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                                                               Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                                 53029

                                                  Description of
                                               Federal requirement          Federal Register date and page                                             Analogous state authority
                                               (include checklist #,        (and/or RCRA statutory authority)
                                                    if relevant)

                                                                                                                           264.252(a) and (b), 264.259(b), 264.280(c)(7) and (d) introductory para-
                                                                                                                           graph, 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 para-
                                                                                                                           graph, 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) introduc-
                                                                                                                           tory 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) intro-
                                                                                                                           ductory 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, Ap-
                                                                                                                           pendix       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 para-
                                                                                                                           graph, 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        77 FR 22229–22232 April 13, 2012 .....           Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                Technical Correc-                                                          226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                tions and Clarifica-                                                       23, (Hazardous Waste Management) (HWM) Sections 261.32(a), entry for
                                                tion Rule. (Check-                                                         K107, and 266.20(b), as amended September 25, 2015, effective on October
                                                list 228).                                                                 18, 2015.
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                                              5. Conditional Exclu-     78 FR 46448–46485 July 31, 2013 ......           Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                sions for Solvent                                                          226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                Contaminated                                                               23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘No free liq-
                                                Wipes. (Checklist                                                          uids’’, 260.10 ‘‘Solvent-contaminated wipe’’, 260.10 ‘‘Wipe’’, 261.4(a)(26),
                                                229).                                                                      and 261.4(b)(18), as amended September 25, 2015, effective on October 18,
                                                                                                                           2015.




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                                              53030             Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                                  Description of
                                               Federal requirement           Federal Register date and page                                             Analogous state authority
                                               (include checklist #,         (and/or RCRA statutory authority)
                                                    if relevant)

                                              6. Conditional Exclu-      79 FR 350–364 January 3, 2014 ..........         Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                sion for Carbon Di-                                                         226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                oxide (CO2)                                                                 23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘Carbon diox-
                                                Streams in Geo-                                                             ide stream’’, and 261.4(h), as amended September 25, 2015, effective on
                                                logic Sequestration                                                         October 18, 2015.
                                                Activities. (Check-
                                                list 230).
                                              7. Hazardous Waste         79 FR 7518–7563 February 7, 2014 ....            Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                Electronic Manifest                                                         226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                Rule. (Checklist                                                            23, (Hazardous Waste Management) (HWM) Sections 260.2, 260.10 ‘‘Elec-
                                                231).                                                                       tronic 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        79 FR 36220–36231 June 26, 2014 .....            Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–
                                                Export Provisions                                                           226. Arkansas Pollution Control and Ecology (APC&E) Regulation Number
                                                of the Cathode                                                              23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘CRT ex-
                                                Ray Tube (CRT)                                                              porter’’, 261.39(a)(5)(i)(F), and (a)(5)(x) and (xi), and 261.41(a) and (b), as
                                                Rule. (Checklist                                                            amended September 25, 2015, effective on October 18, 2015.
                                                232).
                                                 1 More   stringent provisions.


                                              VIII. Where are the revised State rules                  X. Who handles permits after the                      XIII. Administrative Requirements
                                              different from the Federal rules?                        authorization takes effect?
                                                                                                                                                                The Office of Management and Budget
                                                The State of Arkansas regulations that                    The State of Arkansas will issue                   (OMB) has exempted this action from
                                                                                                       permits for all the provisions for which              the requirements of Executive Order
                                              are more stringent than the Federal
                                                                                                       it is authorized and will administer the
                                              regulations are documented in the above                                                                        12866 (58 FR 51735, October 4, 1993),
                                                                                                       permits it issues. The EPA will continue
                                              chart. For enforcement purposes, the                                                                           and therefore this action is not subject
                                                                                                       to administer any RCRA hazardous
                                              EPA does not enforce broader in scope                                                                          to review by OMB. The reference to
                                                                                                       waste permits or portions of permits
                                              provisions.                                                                                                    Executive Order 13563 (73 FR 3821,
                                                                                                       which we issued prior to the effective
                                                                                                                                                             January 21, 2011) is also exempt from
                                              IX. Electronic manifest provisions that                  date of this authorization. EPA will not
                                                                                                                                                             review under Executive orders 12866
                                              are non-delegable to States.                             issue any more new permits or new
                                                                                                                                                             (56 FR 51735, October 4, 1993). This
                                                                                                       portions of permits for the provisions
                                                                                                                                                             action authorizes State requirements for
                                                 The Federal Hazardous Waste                           listed in the chart in this document after
                                                                                                       the effective date of this authorization.             the purpose of RCRA 3006 and imposes
                                              Electronic Manifest Rule (79 FR 7518;                                                                          no additional requirements beyond
                                              February 7, 2014) contains several                       The EPA will continue to implement
                                                                                                       and issue permits for HSWA                            those imposed by State law.
                                              provisions which are non-delegable to                                                                          Accordingly, I certify that this action
                                              States. Specifically, States cannot                      requirements for which ADEQ is not yet
                                                                                                       authorized.                                           will not have a significant economic
                                              receive authorization to establish a                                                                           impact on a substantial number of small
                                              Federal user under the electronic                        XI. How does this action affect Indian                entities under the Regulatory Flexibility
                                              manifest requirements, nor can States                    Country (18 U.S.C. 1151) in Arkansas?                 Act (5 U.S.C. 601 et seq.). Because this
                                              receive authorization for the electronic                   The State of Arkansas Hazardous                     action authorizes preexisting
                                              signature requirements, resulting in the                 Program is not being authorized to                    requirements under State law and does
                                              States’ inability to implement the                       operate in Indian Country.                            not impose any additional enforceable
                                              provisions listed below. However, EPA                                                                          duty beyond that required by State law,
                                              strongly recommends States adopt these                   XII. What is codification and is the EPA              it does not contain any unfunded
                                              provisions while retaining the EPA rule                  codifying Arkansas’ hazardous waste                   mandate or significantly or uniquely
                                              language unchanged; Arkansas has                         program as authorized in this rule?                   affect small governments, as described
                                              adopted the Electronic Manifest Rule                       Codification is the process of placing              in the Unfunded Mandates Reform Act
                                              using this approach. The non-delegable                   the State’s statutes and regulations that             of 1995 (Pub. L. 104–4). For the same
                                              provisions and provisions where States                   comprise the State’s authorized                       reason, this action also does not
                                              must retain references to ‘‘EPA’’ are: 40                hazardous waste program into the CFR.                 significantly or uniquely affect the
                                              CFR 260.10 ‘‘electronic manifest’’,                      We do this by referencing the                         communities of Tribal governments, as
                                              ‘‘electronic manifest system’’, ‘‘use of                 authorized State rules in 40 CFR part                 specified by Executive Order 13175 (65
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                                              the electronic manifest system’’;                        272. We reserve the amendment of 40                   FR 67249, November 9, 2000). This
                                              262.24(g); 262.25; 263.20(a)(2);                         CFR part 272, subpart E for this                      action will not have substantial direct
                                                                                                       authorization of Arkansas’ program                    effects on the States, on the relationship
                                              262.20(a)(3)(ii); 263.20(a)(8);
                                                                                                       changes until a later date. In this                   between the national government and
                                              264.71(a)(2)(v); 264.71(j);
                                                                                                       authorization application the EPA is not              the States, or on the distribution of
                                              265.71(a)(2)(v); and 265.71(j).
                                                                                                       codifying the rules documented in this                power and responsibilities among the
                                                                                                       Federal Register document.                            various levels of government, as


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                                                               Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                           53031

                                              specified in Executive Order 13132 (64                  Because this rule authorizes pre-existing             ACTION: Final rule; correction and
                                              FR 43255, August 10, 1999), because it                  State rules which are at least equivalent             correcting amendment.
                                              merely authorizes State requirements as                 to, and no less stringent than existing
                                              part of the State RCRA hazardous waste                  federal requirements, and imposes no                  SUMMARY:    This document corrects
                                              program without altering the                            additional requirements beyond those                  technical and typographical errors that
                                              relationship or the distribution of power               imposed by State law, and there are no                appeared in the final rule published in
                                              and responsibilities established by                     anticipated significant adverse human                 the March 8, 2016 Federal Register (81
                                              RCRA. This action also is not subject to                health or environmental effects, the rule             FR 12204 through 12352) entitled
                                              Executive Order 13045 (62 FR 19885,                     is not subject to Executive Order 12898.              ‘‘Patient Protection and Affordable Care
                                              April 23, 1997), because it is not                         The Congressional Review Act, 5                    Act; HHS Notice of Benefit and Payment
                                              economically significant and it does not                U.S.C. 801 et seq., as added by the Small             Parameters for 2017.’’ The effective date
                                              make decisions based on environmental                   Business Regulatory Enforcement                       for the rule was May 9, 2016.
                                              health or safety risks. This rule is not                Fairness Act of 1996, generally provides              DATES:
                                              subject to Executive Order 13211,                       that before a rule may take effect, the                  Effective Date: This correcting
                                              ‘‘Actions Concerning Regulations That                   agency promulgating the rule must                     document is effective August 11, 2016.
                                              Significantly Affect Energy Supply,                     submit a rule report, which includes a                   Applicability Date: The corrections
                                              Distribution, or Use’’ (66 FR 28355, May                copy of the rule, to each House of the                indicated in this document are
                                              22, 2001) because it is not a significant               Congress and to the Comptroller General               applicable beginning May 9, 2016.
                                              regulatory action under Executive Order                 of the United States. The EPA will                    FOR FURTHER INFORMATION CONTACT:
                                              12866.                                                  submit a report containing this                       Allison Yadsko (410) 786–1740.
                                                 Under RCRA 3006(b), the EPA grants                   document and other required                           SUPPLEMENTARY INFORMATION:
                                              a State’s application for authorization as              information to the U.S. Senate, the U.S.
                                                                                                      House of Representatives, and the                     I. Background
                                              long as the State meets the criteria
                                              required by RCRA. It would thus be                      Comptroller General of the United                       In FR Doc. 2016–04439 (81 FR 12204),
                                              inconsistent with applicable law for the                States prior to publication in the                    the final rule entitled ‘‘Patient
                                              EPA, when it reviews a State                            Federal Register. A major rule cannot                 Protection and Affordable Care Act;
                                              authorization application; to require the               take effect until 60 days after it is                 HHS Notice of Benefit and Payment
                                              use of any particular voluntary                         published in the Federal Register. This               Parameters for 2017’’ (2017 Payment
                                              consensus standard in place of another                  action is not a ‘‘major rule’’ as defined             Notice), there were technical errors that
                                              standard that otherwise satisfies the                   by 5 U.S.C. 804(2). This action will be               are identified and corrected in section
                                              requirements of RCRA. Thus, the                         effective October 11, 2016.                           IV, the Correction of Errors. These
                                              requirements of section 12(d) of the                                                                          corrections are applicable as of May 9,
                                                                                                      List of Subjects in 40 CFR Part 271
                                              National Technology Transfer and                                                                              2016.
                                              Advancement Act of 1995 (15 U.S.C.                         Environmental protection,
                                                                                                      Administrative practice and procedure,                II. Summary of Errors
                                              272 note) do not apply. As required by
                                              section 3 of Executive Order 12988 (61                  Confidential business information,                    A. Summary of Errors in the Preamble
                                              FR 4729, February 7, 1996), in issuing                  Hazardous waste, Hazardous waste
                                                                                                                                                               On page 12296, the phrase
                                              this rule, the EPA has taken the                        transportation, Indian lands,
                                                                                                                                                            ‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of
                                              necessary steps to eliminate drafting                   Intergovernmental relations, Penalties,
                                                                                                                                                            this paragraph’’ should include a
                                              errors and ambiguity, minimize                          Reporting and recordkeeping
                                                                                                                                                            reference to ‘‘(c)(3)(ii).’’ This correction
                                              potential litigation, and provide a clear               requirements.
                                                                                                                                                            clarifies how the provisions are at least
                                              legal standard for affected conduct. The                  Authority: This action is issued under the          as stringent as the requirements of
                                              EPA has complied with Executive Order                   authority of sections 2002(a), 3006, and              paragraph (c) and aligns with the next
                                              12630 (53 FR 8859, March 15, 1988) by                   7004(b) of the Solid Waste Disposal Act as            paragraph that clarifies we do not
                                              examining the takings implications of                   amended 42 U.S.C. 6912(a), 6926, 6974(b).
                                                                                                                                                            believe that applying timeframes less
                                              the rule in accordance with the                           Dated: July 14, 2016.                               stringent than those in the current
                                              ‘‘Attorney General’s Supplemental                       Ron Curry,                                            § 156.122(c) would benefit enrollees.
                                              Guidelines for the Evaluation of Risk                   Regional Administrator, Region 6.                        On pages 12310 and 12311 the word
                                              and Avoidance of Unanticipated                          [FR Doc. 2016–18433 Filed 8–10–16; 8:45 am]           ‘‘consecutive’’ should have been
                                              Takings’’ issued under the Executive                    BILLING CODE 6560–50–P                                attached to the description of the grace
                                              Order. This rule does not impose an                                                                           period for enrollees receiving advance
                                              information collection burden under the                                                                       payments of the premium tax credit
                                              provisions of the Paperwork Reduction                                                                         (APTC), for the description to be
                                              Act of 1995 (44 U.S.C. 3501 et seq.).                   DEPARTMENT OF HEALTH AND
                                                                                                                                                            consistent with the regulation text that
                                              Executive Order 12898 (59 FR 7629,                      HUMAN SERVICES
                                                                                                                                                            was promulgated prior to the Patient
                                              Feb. 16, 1994) establishes federal                      45 CFR Parts 144, 147, 153, 154, 155,                 Protection and Affordable Care Act;
                                              executive policy on environmental                       156, and 158                                          HHS Notice of Benefit and Payment
                                              justice. Its main provision directs                                                                           Parameters for 2017; Final Rule. This
                                              federal agencies, to the greatest extent                [CMS–9937–F2]                                         correction accurately reflects the length
                                              practicable and permitted by law, to                                                                          of the grace period for enrollees
                                              make environmental justice part of their                RIN–0938–AS57
                                                                                                                                                            receiving APTC as being 3 consecutive
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                                              mission by identifying and addressing,                  Patient Protection and Affordable Care                months.
                                              as appropriate, disproportionately high                 Act; HHS Notice of Benefit and
                                              and adverse human health or                                                                                   B. Summary of Errors in Regulation Text
                                                                                                      Payment Parameters for 2017;
                                              environmental effects of their programs,                Corrections                                              On page 12349, in
                                              policies, and activities on minority                                                                          § 156.122(c)(4)(i)(D), we inadvertently
                                              populations and low-income                              AGENCY: Centers for Medicare &                        omitted a cross-reference to paragraph
                                              populations in the United States.                       Medicaid Services (CMS), HHS.                         (c)(3)(ii).


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Document Created: 2018-02-09 11:27:05
Document Modified: 2018-02-09 11:27:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactAlima Patterson, Region 6 Regional Authorization Coordinator, RCRA Permit Section (RPM), Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region 6, 1445
FR Citation81 FR 53025 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements

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