82 FR 43185 - Arkansas: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 177 (September 14, 2017)

During a review of Arkansas' regulations, the Environmental Protection Agency (EPA) identified State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for final authorization and are authorizing the State-initiated changes through this direct final action.

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Rules and Regulations]
[Pages 43185-43192]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18874]



[[Page 43185]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2016-0680; FRL-9966-55-Region 6]


Arkansas: Final Authorization of State-Initiated Changes and 
Incorporation by Reference of Approved State Hazardous Waste Management 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: During a review of Arkansas' regulations, the Environmental 
Protection Agency (EPA) identified State-initiated changes to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA). We have determined that these changes are minor and satisfy 
all requirements needed to qualify for final authorization and are 
authorizing the State-initiated changes through this direct final 
action.

DATES: This regulation is effective November 13, 2017, unless the EPA 
receives adverse written comment on this regulation by the close of 
business October 16, 2017. If the EPA receives such comments, it will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that this rule will not take effect. The 
Director of the Federal Register approves the incorporation by 
reference of certain publications listed in the rule as of November 13, 
2017 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2016-0680 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, RCRA Permit Section (RPM), Multimedia Division, EPA Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, RCRA Permit 
Section (RPM), Multimedia Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2016-0680. EPA's policy is that all comments received will be included 
in the public docket without change and may be 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 Confidential Business Information (CBI) or otherwise 
protected through http://www.regulations.gov or email. The Federal 
http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties, and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses.
    You can view and copy the documents that form the basis for this 
authorization and codification and associated publicly available 
materials from 8:30 a.m. to 4:00 p.m. Monday through Friday at the 
following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, Phone number (214) 665-8533. 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, EPA Region 6 Regional 
Authorization Coordinator, RCRA Permit Section (RPM), Multimedia 
Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
Phone number: (214) 665-8533 Email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the EPA to 
authorize States to operate their hazardous waste management programs 
in lieu of the Federal program. The EPA uses the regulations entitled 
``Approved State Hazardous Waste Management Programs'' to provide 
notice of the authorization status of State programs and to incorporate 
by reference those provisions of the State statutes and regulations 
that will be subject to the EPA's inspection and enforcement. This rule 
also codifies in the regulations the prior approval of Arkansas' 
hazardous waste management program and incorporates by reference 
authorized provisions of the State's statutes and regulations.
    The EPA is publishing this rule to authorize the State-initiated 
changes and incorporate by reference the State's hazardous waste 
program without a prior proposal because we believe these actions are 
not controversial and do not expect comments that oppose them. Unless 
we receive written comments which oppose the authorization in this 
codification document during the comment period, the decision to 
authorize Arkansas' State-initiated changes to its hazardous waste 
program will take effect. If we receive comments that oppose the 
authorization, we will publish a document in the Federal Register 
withdrawing this rule before it takes effect, and a separate document 
in the proposed rules section of this Federal Register will serve as a 
proposal to authorize the State-initiated changes.

II. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste programs may 
be necessary when Federal or State statutory or regulatory authority is 
modified or when certain other changes occur. Most commonly, States 
must change their programs because of changes to the EPA's regulations 
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 
270, 273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Arkansas' revisions to its authorized program meet 
all of the

[[Page 43186]]

statutory and regulatory requirements established by RCRA. We found 
that the State-initiated changes make Arkansas' rules more clear or 
conform more closely to the Federal equivalents and are so minor in 
nature that a formal application is unnecessary. Therefore, we grant 
Arkansas final authorization to operate its hazardous waste program 
with the changes described in the table at Section G below. Arkansas 
has responsibility for permitting Treatment, Storage, and Disposal 
Facilities (TSDFs) within its borders (except in Indian Country) and 
for carrying out all authorized aspects of the RCRA program, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in Arkansas, including issuing permits, until the State is 
granted authorization to do so.

C. What is the effect of this authorization decision?

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

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the Proposed Rules section of this Federal 
Register we are publishing a separate document that proposes to 
authorize the State program changes.

E. What happens if EPA receives comments opposing this action?

    If the EPA receives comments that oppose the authorization of the 
State-initiated changes in this codification document, we will withdraw 
this rule by publishing a timely document in the Federal Register 
before the rule becomes effective. The EPA will base any further 
decision on the authorization of the State program changes on the 
proposal mentioned in the previous paragraph. We will then address all 
public comments in a later Federal Register document. You may not have 
another opportunity to comment, therefore, if you want to comment on 
this authorization, you must do so at this time. If we receive comments 
that oppose only the authorization of a particular change to the State 
hazardous waste program, we may withdraw only that part of this rule, 
but the authorization of the program changes that the comments do not 
oppose will become effective on the date specified above. The Federal 
Register withdrawal document will specify which part of the 
authorization of the State program will become effective and which part 
is being withdrawn.
    In addition to the authorization of the rules described above in 
this document, the purpose of this Federal Register document is to 
codify Arkansas' base hazardous waste management program and its 
revisions to that program. The EPA has already provided notices and 
opportunity for comments on the Agency's decisions to codify the 
Arkansas program, and the EPA is not now reopening the decisions, nor 
requesting comments, on the Arkansas authorization as published in the 
Federal Register documents in Section I.F. of this preamble.

F. For what has Arkansas previously been authorized?

    Arkansas initially received final authorization on January 11, 
1985, effective January 25, 1985 (50 FR 1513), to implement its Base 
Hazardous Waste Management program. We granted authorization for 
changes to their program on August 23, 1985, via EPA letter, effective 
August 23, 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 12, 1993 (58 
FR 52674), effective December 13, 1993; October 7, 1994 (59 FR 51115), 
effective December 21, 1994; June 20, 1995 (60 FR 32112), effective 
August 21, 1995; April 24, 2002 (67 FR 20038), effective June 24, 2002, 
as amended June 28, 2010 (75 FR 36538); August 15, 2007 (72 FR 45663), 
effective October 15, 2007, as amended June 28, 2010 (75 FR 36538); 
June 28, 2010 (75 FR 36538), effective August 27, 2010; August 10, 2012 
(77 FR 47779), effective October 9, 2012; October 2, 2014 (79 FR 
59438), effective December 1, 2014; October 31, 2014 (79 FR 64678), 
effective December 30, 2014; January 29, 2016 (81 FR 4961), effective 
March 29, 2016; and August 11, 2016. (81 FR 53025), effective October 
11, 2016.

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
which follows. These amendments clarify the State's regulations and 
make the State's regulations more internally consistent. The State's 
laws and regulations, as amended by these provisions, provide authority 
which remains equivalent to and no less stringent than, and not broader 
in scope than the Federal laws and regulations. These State-initiated 
changes satisfy the requirements of 40 CFR 271.21(a). We are granting 
Arkansas final authorization to carry out the following provisions of 
the State's program in lieu of the Federal program. These provisions 
are analogous to the indicated RCRA regulations found at 40 CFR as of 
July 1, 2014. The Arkansas provisions are from the Arkansas Pollution 
Control and Ecology (APC&E) Commission Regulation No. 23, Hazardous 
Waste Management, adopted on September 25, 2015, effective October 18, 
2015.

------------------------------------------------------------------------
State requirement (APC&E Regulation No.   Analogous Federal requirement
                  23)                                (40 CFR)
------------------------------------------------------------------------
262.13(f)..............................  No direct Federal analog; 262
                                          related.
262.26(a)..............................  No direct Federal analog; 262
                                          related.

[[Page 43187]]

 
262.26(b)..............................  No direct Federal analog;
                                          related to 262 and 263.30.
262.26(c)..............................  No direct Federal analog; 262
                                          related.
262.26(e)..............................  No direct Federal analog; 262
                                          related.
262.26(f)..............................  No direct Federal analog; 262
                                          related.
262.26(g)..............................  No direct Federal analog;
                                          related to 262, Subpart E,
                                          263.20(g)(4), 264.12(a), and
                                          265.55.
262.32(b)..............................  262.32(b).
262.34(j)..............................  262.34(m).
262.35(a)(2)...........................  261.5 related.
262.41 introductory paragraph-(d) and    262.41(a) intro.-(a)(4) and
 (g)-(i).                                 (a)(6)-(a)(8).
262.54(c)..............................  262.54(c).
262, Appendix I........................  262, Appendix I.
264.75(g)-(j)..........................  264.75(g)-(j).
264.316(b).............................  264.316(b).
264.552(a)(3)(ii)-(iv).................  264.552(a)(3)(ii)-(iv).
265.75(g)-(j)..........................  265.75(g)-(j).
265.147(a)(1)(i) & (ii)................  265.147(a)(1)(i) & (ii).
265.316(b).............................  265.316(b).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and 
those permits issued by the EPA because no new substantive requirements 
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in 
Arkansas?

    Arkansas is not authorized to carry out its Hazardous Waste Program 
in Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian Country.

III. Incorporation by Reference

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the CFR. Section 3006(b) of RCRA, as amended, 
allows the EPA to authorize State hazardous waste management programs 
to operate in lieu of the Federal hazardous waste management regulatory 
program. The EPA codifies its authorization of State programs in 40 CFR 
part 272 and incorporates by reference State statutes and regulations 
that the EPA will enforce under sections 3007 and 3008 of RCRA and any 
other applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of codification of Arkansas' hazardous waste 
management program?

    The EPA incorporated by reference Arkansas' then authorized 
hazardous waste program effective December 13, 1993 (58 FR 52674), 
August 21, 1995 (60 FR 32112), August 27, 2010 (75 FR 36538), December 
1, 2014 (79 FR 59438), and March 29, 2016 (81 FR 4961). Note that at 79 
FR 59443, the State agency acronym should be referenced as ``(ADEQ)'' 
with regard to the State's Memorandum of Agreement with the EPA. In 
this document, the EPA is revising subpart E of 40 CFR part 272 to 
include the authorization revision actions effective October 11, 2016 
(81 FR 53025).

C. What codification decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Arkansas rules described in the amendments to 40 CFR part 272 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through http://www.regulations.gov and in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    The purpose of this Federal Register document is to codify 
Arkansas' base hazardous waste management program and its revisions to 
that program. The document incorporates by reference Arkansas' 
hazardous waste statutes and regulations and clarifies which of these 
provisions are included in the authorized and Federally enforceable 
program. By codifying Arkansas' authorized program and by amending the 
CFR, the public will be more easily able to discern the status of 
Federally approved requirements of the Arkansas hazardous waste 
management program. The EPA is not requesting comments on its decisions 
published in the Federal Register documents referenced in Section I.F 
of this preamble concerning revisions to the authorized program in 
Arkansas.
    The EPA is incorporating by reference the Arkansas authorized 
hazardous waste management program in subpart E of 40 CFR part 272. 
Section 272.201 incorporates by reference Arkansas' authorized 
hazardous waste statutes and regulations. Section 272.201 also 
references the statutory provisions (including procedural and 
enforcement provisions) which provide the legal basis for the State's 
implementation of the hazardous waste management program, the 
Memorandum of Agreement, the Attorney General's Statements, and the 
Program Description, which are approved as part of the hazardous waste 
management program under Subtitle C of RCRA.

D. What is the effect of Arkansas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Arkansas

[[Page 43188]]

procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR 
lists the statutory and regulatory provisions which provide the legal 
basis for the State's implementation of the hazardous waste management 
program, as well as those procedural and enforcement authorities that 
are part of the State's approved program, but these are not 
incorporated by reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Arkansas' 
hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Arkansas is not authorized, but which 
have been incorporated into the State regulations because of the way 
the State adopted Federal regulations by reference;
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements; and
    (5) Federal rules for which Arkansas is authorized but which were 
vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 08-1144, June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and the EPA will 
not enforce them. Therefore, they are not incorporated by reference in 
40 CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists 
the Arkansas regulatory provisions which are ``broader in scope'' than 
the Federal program and which are not part of the authorized program 
being incorporated by reference. ``Broader in scope'' provisions cannot 
be enforced by the EPA; the State, however, may enforce such provisions 
under State law.
    Additionally, Arkansas' hazardous waste regulations include 
amendments which have not been authorized by the EPA. Since the EPA 
cannot enforce a State's requirements which have not been reviewed and 
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it 
is important to be precise in delineating the scope of a State's 
authorized hazardous waste program. Regulatory provisions that have not 
been authorized by the EPA include amendments to previously authorized 
State regulations as well as certain Federal rules and new State 
requirements.
    Arkansas has adopted but is not authorized for the following 
Federal rules published in the Federal Register on July 15, 1985 (50 FR 
28702), April 12, 1996 (61 FR 16290), and January 8, 2010 (75 FR 1236). 
Therefore, these Federal amendments included in Arkansas' regulations, 
are not part of the State's authorized program and are not part of the 
incorporation by reference addressed by this Federal Register action.
    Arkansas has adopted and was authorized for the Federal Exclusion 
of Oil-Bearing Secondary Materials Processed in a Gasification System 
to Produce Synthesis Gas rule which has since been vacated by the U.S. 
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 
08-1144; June 27, 2014): The gasification exclusion rule was published 
on January 2, 2008 (73 FR 57) and added 40 CFR 260.10 ``Gasification'' 
and revised 40 CFR 261.4(a)(12)(i).
    State regulations that are not incorporated by reference in this 
action at 40 CFR 272.201(c)(1), or that are not listed in 40 CFR 
272.201(c)(2) (``legal basis for the State's implementation of the 
hazardous waste management program''), 40 CFR 272.201(c)(3) (``broader 
in scope''), or 40 CFR 272.201(c)(4) (``unauthorized State 
amendments''), are considered new unauthorized State requirements. 
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by the EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.

IV. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
rule incorporates by reference Arkansas' authorized hazardous waste 
management regulations and imposes no additional requirements beyond 
those imposed by State law. Accordingly, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this rule merely incorporates by reference certain 
existing State hazardous waste management program requirements which 
the EPA already approved under 40 CFR part 271, and with which 
regulated entities must already comply, it does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing State hazardous waste management program

[[Page 43189]]

requirements without altering the relationship or the distribution of 
power and responsibilities established by RCRA. This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Arkansas' 
voluntary participation in the EPA's State program authorization 
process under RCRA Subtitle C. Thus, the requirements of section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) do not apply. As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. The EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes Federal 
executive policy on environmental justice. Because this rule codifies 
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 amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this document and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

40 CFR Part 271

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

40 CFR Part 272

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, Intergovernmental 
relations, Water pollution control, Water supply.

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

    Dated: July 27, 2017.
Samuel Coleman,
Acting Regional Administrator Region 6.

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final 
authorization under 40 CFR part 271 to the State of Arkansas for 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act and is amending 40 CFR part 272 as 
follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Revise Sec.  272.201 to read as follows:


Sec.  272.201   Arkansas State-administered program: Final 
authorization.

    (a) History of the State of Arkansas authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Arkansas 
final authorization for the following elements as submitted to EPA in 
Arkansas' Base program application for final authorization which was 
approved by EPA effective on January 25, 1985. Subsequent program 
revision applications were approved effective on May 29, 1990; November 
18, 1991; December 4, 1992; December 21, 1994; June 24, 2002; October 
15, 2007; August 27, 2010; October 9, 2012, December 1, 2014, December 
30, 2014, March 29, 2016, and October 11, 2016, and November 13, 2017.
    (b) Enforcement authority. The State of Arkansas has primary 
responsibility for enforcing its hazardous waste management program. 
However, EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other 
applicable statutory and regulatory provisions, regardless of whether 
the State has taken its own actions, as well as in accordance with 
other statutory and regulatory provisions.
    (c) State statutes and regulations. (1) Incorporation by reference. 
The Arkansas statutes and regulations cited in paragraph (c)(1)(i) of 
this section are incorporated by reference as part of the hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq. This incorporation by reference is approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
You may obtain copies of the Arkansas statutes that are incorporated by 
reference in this paragraph from LexisNexis, 9443 Springboro Pike, 
Miamisburg, Ohio 45342; Phone: (800) 833-9844; Web site: http://www.lexisnexis.com/store/us. Copies of the Arkansas regulations that 
are incorporated by reference are available from the Arkansas 
Department of Environmental Quality (ADEQ) Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, 
ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317; 
Phone number: (501) 682-0923. You may inspect a copy at EPA Region 6, 
1445 Ross Avenue, Dallas, Texas 75202-2733; Phone number: (214) 665-
8533, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Arkansas Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated October 2016.
    (ii) [Reserved]

[[Page 43190]]

    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste management 
program, but they are not being incorporated by reference and do not 
replace Federal authorities:
    (i) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 4, Business and Commercial Law, 
Chapter 75: Section 4-75-601(4) ``Trade Secret''.
    (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter 1: 
Section 8-1-107.
    (iii) Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended 
by the 2015 Supplement, Title 8, Environmental Law, Chapter 7, 
Subchapter 2: Sections 8-7-204 (except 8-7-204(e)(3)(B)), 8-7-205 
through 8-7-214, 8-7-217, 8-7-218, 8-7-220, 8-7-222, 8-7-224, 8-7-
225(b) through 8-7-225(d), and 8-7-227.
    (iv) Arkansas Resource Reclamation Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended 
by the 2015 Supplement, Title 8, Environmental Law, Chapter 7, 
Subchapter 3: Sections 8-7-302(3), 8-7-303 and 8-7-308.
    (vi) Remedial Action Trust Fund Act of 1985, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the 
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 5: 
Sections 8-7-503(6) and (7), 8-7-505(3), 8-7-507, 8-7-508, 8-7-511 and 
8-7-512.
    (vii) Arkansas Freedom of Information Act (FOIA) of 1967, as 
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 25, State Government, Chapter 19: 
Sections 25-19-103(1), 25-19-105, 25-19-107.
    (viii) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended September 25, 
2015, effective October 18, 2015, Chapter One; Chapter Two, Sections 1, 
2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX, 
270.7(h) and (j), 270.10(e)(8), 270.34, 19, Chapter Three, Sections 21 
and 22; Chapter Five, Section 28.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 7, Civil Penalties, July 24, 1992.
    (x) Arkansas Pollution Control and Ecology (APC&E) Commission, 
Regulation No. 8, Administrative Procedures, February 12, 2009.
    (3) Related legal provisions. The following statutory and 
regulatory provisions are broader in scope than the Federal program, 
are not part of the authorized program, and are not incorporated by 
reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas 
Code of 1987 Annotated (A.C.A.), 2011 Replacement, as amended by the 
2015 Supplement, Title 8, Environmental Law, Chapter 7, Subchapter 2: 
Section 8-7-226.
    (ii) Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended September 25, 
2015, effective October 18, 2015, Chapter Two, Sections 6, 262.13(c), 
262.26(d), 263.10(e), 263.13, 264.71(e), and 265.71(e).
    (4) Unauthorized State amendments and provisions. (i) Arkansas has 
partially or fully adopted, but is not authorized to implement, the 
Federal rule listed in the following table. The EPA will continue to 
implement the Federal HSWA requirements for which Arkansas is not 
authorized until the State receives specific authorization for those 
requirements.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register  reference               Publication date
----------------------------------------------------------------------------------------------------------------
HSWA Codification Rule--Delisting        50 FR 28702.......................  July 15, 1985.
 (HSWA) (Checklist 17B--amendments to
 40 CFR 260.22 only).
----------------------------------------------------------------------------------------------------------------

    (ii) The Federal rules listed in the following table are not 
delegable to States. Arkansas has adopted these provisions and left the 
authority to the EPA for implementation and enforcement.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register  reference               Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste:  61 FR 16290.......................  April 12, 1996.
 Implementation of OECD Council
 Decision (HSWA) (Checklist 152).
OECD Requirements; Export Shipments of   75 FR 1236........................  January 8, 2010.
 Spent Lead-Acid Batteries (Non-HSWA)
 (Checklist 222).
----------------------------------------------------------------------------------------------------------------

    (5) Vacated Federal rule. Arkansas adopted and was authorized for 
the following Federal rule which has since been vacated by the U.S. 
Court of Appeals for the District of Columbia Circuit (D.C. Cir. 08-
1144; June 27, 2014). As a result, the Arkansas provisions at Reg. 23, 
260.10 ``Gasification'' and 261.4(a)(12)(i) are no longer considered to 
be part of the State's authorized program. Consistent with the Court's 
vacatur, EPA removed the vacated provisions from the CFR on April 8, 
2015.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register  reference               Publication date
----------------------------------------------------------------------------------------------------------------
Exclusion of Oil-Bearing Secondary       73 FR 57..........................  January 2, 2008.
 Materials Processed in a Gasification
 System to Produce Synthesis Gas (Non-
 HSWA) (Checklist 216--Definition of
 ``Gasification'' at 40 CFR 260.10 and
 amendment to 40 CFR 261.4(a)(12)(i)).
----------------------------------------------------------------------------------------------------------------

    (6) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region VI and the State of Arkansas, signed by the Executive 
Director of the Arkansas Department of Environmental Quality (ADEQ) on 
June

[[Page 43191]]

27, 2012, and by the EPA Regional Administrator on July 10, 2012, is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Arkansas 
on July 9, 1984 and revisions, supplements, and addenda to that 
Statement dated September 24, 1987, February 24, 1989, December 11, 
1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994, 
February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997, 
December 12, 2001, July 27, 2006, December 12, 2010, October 1, 2012, 
and December 7, 2015 are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    (8) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

0
3. Appendix A to part 272 is amended by revising the listing for 
``Arkansas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act of 1979, as amended, 
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter 
7, Subchapter 2: Sections 8-7-202, 8-7-203, 8-7-215, 8-7-216, 8-7-
219, 8-7-221, 8-7-223 and 8-7-225(a).
    Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, as 
amended by the 2015 Supplement, Title 8, Environmental Law, Chapter 
10, Subchapter 3: Section 8-10-301(d).
    Copies of the Arkansas statutes that are incorporated by 
reference are available from LexisNexis, 9443 Springboro Pike, 
Miamisburg, Ohio 45342; Phone: (800) 833-9844; Web site: http://www.lexisnexis.com/store/us.
    The regulatory provisions include:
    Arkansas Pollution Control and Ecology (APC&E) Commission 
Regulation No. 23, Hazardous Waste Management, as amended September 
25, 2015 effective October 18, 2015. Please note that the 2015 APC&E 
Commission Regulation No. 23, is the most recent version of the 
Arkansas authorized hazardous waste regulations. For a few 
provisions, the authorized versions are found in the APC&E 
Commission Regulation 23, effective January 21, 1996, March 23, 
2006, June 13, 2010, or August 12, 2012. Arkansas made subsequent 
changes to these provisions but these changes have not been 
authorized by EPA. The provisions from the January 21, 1996, March 
23, 2006, June 13, 2010, or August 12, 2012 regulations are noted 
below.
    Chapter Two, Sections 3(b) introductory paragraph; 3(b)(2); 
3(b)(4); Section 260--Hazardous Waste Management System--General--
260.1; 260.3; 260.10 (except the definitions of ``consolidation'', 
``gasification'', and the phrase ``a written permit issued by the 
Arkansas Highway and Transportation Department authorizing a person 
to transport hazardous waste (Hazardous Waste Transportation 
Permit), or'' in the definition for ``permit''; 260.11; 260.20 
(except 260.20(c) through (f); 260.21; 260.23; 260.30 through 
260.33; 260.40; and 260.41.
    Section 261--Identification and Listing of Hazardous Waste -
261.1; 261.2; 261.3; 261.4(a) (except the phrase ``gasification (as 
defined in Sec.  260.10 of this Regulation),'' in 261.4(a)(12)(i); 
261.4(b) through (h); 261.5; 261.6 (except (a)(5)); 261.7 through 
261.11; 261.20 through 261.24; 261.30 through 261.33; 261.35; 261.39 
through 261.41; and Appendices I, VII, and VIII.
    Section 262--Standards Applicable to Generators of Hazardous 
Waste--262.10 (except 262.10(d)); 262.11; 262.12; 262.13 (except 
262.13(c)); 262.20; 262.22 through 262.25; 262.26 (except 
262.26(d)); 262.27; 262.30; 262.31 through 262.35; 262.40; 262.41 
(except 262.41(e) and (f)); 262.41(e) (except references to PCBs) 
(January 21, 1996); 262.42; 262.43; 262.50 through 262.58; 262.60 
(except 262.60(e)); 262.70; 262.200 through 262.216; and Appendix I.
    Section 263--Standards Applicable to Transporters of Hazardous 
Waste--263.10 (except 263.10(d) and (e)); 263.11; 263.12; 263.20 
(except 263.20(g)(4)); 263.21; 263.22; 263.25; 263.30; and 263.31.
    Section 264--Standards for Owners and Operators of Hazardous 
Waste Treatment, Storage, and Disposal Facilities--264.1; 264.3; 
264.4; 264.10; 264.11; 264.12 (except 264.12(a)(2)); 264.13 through 
264.19; 264.20(a) through (c); 264.30 through 264.35; 264.37; 264.50 
through 264.56; 264.70; 264.71 (except 264.71(a)(3), (d), and (e)); 
264.72 through 264.74; 264.75; 264.76(a); 264.77; 264.90 through 
264.101; 264.110 through 264.120; 264.140; 264.141 (except the 
definition of ``captive insurance'' at 264.141(f)); 264.142; 264.143 
(except the last sentence of 264.143(e)(1)); 264.144; 264.145 
(except the last sentence of 264.145(e)(1)); 264.146; 264.147 
(except the last sentences of 264.147(a)(1)(i) and 
264.147(b)(1)(ii)); 264.148; 264.151; 264.170 through 264.179; 
264.190 through 264.200; 264.220 through 264.223; 264.226 through 
264.232; 264.250 through 264.254; 264.256 through 264.259; 264.270 
through 264.273; 264.276; 264.278 through 264.283; 264.300 through 
264.304; 264.309; 264.310; 264.312(a); 264.313; 264.314; 
264.314(a)(4) (June 13, 2010); 264.315 through 264.317; 264.340 
through 264.345; 264.347; 264.351; 264.550 through 264.555; 264.570 
through 264.575; 264.600 through 264.603; 264.1030 through 264.1036; 
264.1050 through 264.1065; 264.1080 through 264.1090; 264.1100 
through 264.1102; 264.1200 through.1202; and Appendices I, IV, V, 
and IX.
    Section 265--Interim Status Standards for Owners and Operators 
of Hazardous Waste Treatment, Storage, and Disposal Facilities--
265.1; 265.4; 265.10; 265.11; 265.12 (except 265.12(a)(2)); 265.13 
through 265.19; 265.30 through 265.35; 265.37; 265.50 through 
265.56; 265.70; 265.71 (except 265.71(a)(3), (d), and (e)); 265.72 
through 265.75; 265.76(a); 265.77; 265.90 through 265.94; 265.110 
through 265.121; 265.140; 265.141 (except the definition of 
``captive insurance'' at 265.141(f)); 265.142; 265.143 (except the 
last sentence of 265.143(d)(1)); 265.144; 265.145; 265.146; 265.147 
(except the last sentences of 265.147(a)(1) and 265.147(b)(1)); 
265.148; 265.170 through 265.174; 265.176 through 265.178; 265.190 
through 265.202; 265.220 through 265.226; 265.228 through 265.231; 
265.250 through 265.260; 265.270; 265.272; 265.273; 265.276; 265.278 
through 265.282; 265.300 through 265.304; 265.309; 265.310; 
265.312(a); 265.313; 265.314; 265.314(a)(4) (March 23, 2006); 
265.315; 265.316; 265.340; 265.341; 265.345; 265.347; 265.351; 
265.352; 265.370; 265.373; 265.375; 265.377; 265.381 through 
265.383; 265.400 through 265.406; 265.430; 265.440 through 265.445; 
265.1030 through 265.1035; 265.1050 through 265.1064; 265.1080 
through 265.1090; 265.1100 through 265.1102; 265.1200 through 
265.1202; Appendix I; and Appendices III through VI.
    Section 266--Standards for the Management of Specific Hazardous 
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23; 266.70(a); 266.70(b) introductory paragraph 
through (b)(2) (August 12, 2012); 266.70(c) and (d); 266.80 (except 
items 6 and 7 to the 266.80(a) table); 266.100 through 266.112; 
266.200 through 266.206; 266.210; 266.220; 266.225; 266.230; 
266.235; 266.240; 266.245; 266.250; 266.255; 266.260; 266.305; 
266.310; 266.315; 266.320; 266.325; 266.330; 266.335; 266.340; 
266.345; 266.350; 266.355; 266.360; and Appendices I through XIII.
    Section 267--Standards for Owners and Operators of Hazardous 
Waste Facilities Operating Under a Standardized Permit--267.1 
through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50 
through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110 
through 267.113; 267.115 through 267.117; 267.140 through 267.143; 
267.147 through 267.151; 267.170 through 267.177; 267.190 through 
267.204; and 267.1100 through 267.1108.
    Section 268--Land Disposal Restrictions--268.1; 268.2 through 
268.4, 268.7; 268.9; 268.13; 268.14; 268.20, 268.30 through 268.39; 
268.40 (except 268.40(e)(1)--(4) and 268.40(i)); 268.41; 268.42 
(except 268.42(b)); 268.43; 268.45; 268.46; 268.48 through 268.50; 
and Appendices III, IV, VI through IX and XI.
    Section 270--Administered Permit Programs: The Hazardous Waste 
Permit Program--270.1 through 270.6; 270.7 (except 270.7(h) and 
(j)); 270.10 (except 270.10(e)(8)); 270.11 through 270.33; 270.40; 
270.41; 270.42; 270.42 Appendix I; 270.43; 270.50; 270.51; 270.60 
through 270.68; 270.70 through 270.73; 270.79; 270.80; 270.85; 
270.90; 270.95; 270.100; 270.105; 270.110;

[[Page 43192]]

270.115; 270.120; 270.125; 270.130; 270.135; 270.140; 270.145; 
270.150; 270.155; 270.160; 270.165; 270.170; 270.175; 270.180; 
270.185; 270.190; 270.195; 270.200; 270.205; 270.210; 270.215; 
270.220; 270.225; 270.230; 270.235; 270.250; 270.255; 270.260; 
270.270; 270.275; 270.280; 270.290; 270.300; 279.305; 270.310; 
270.315; and 270.320.
    Section 273--Standards for Universal Waste Management--273.1 
through 273.4; 273.5 (except 273.5(b)(3)); 273.6; 273.8 through 
273.20; 273.30 through 273.40; 273.50 through 273.56; 273.60; 
273.61; 273.62; 273.70 (except 273.70(d)); 273.80; and 273.81.
    Section 279--Standards for the Management of Used Oil--279.1; 
279.10; 279.11; 279.12; 279.20 through 279.24; 279.30 through 
279.32; 279.40 through 279.47; 279.50 through 279.67; 279.70 through 
279.75; 279.80; 279.81; and 279.82(a).
    Copies of the Arkansas regulations that are incorporated by 
reference are available from the Arkansas Department of 
Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore 
Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682-
0923.
* * * * *
[FR Doc. 2017-18874 Filed 9-13-17; 8:45 am]
 BILLING CODE 6560-50-P