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

quantifiable in any of the residue field 

trials. Therefore, the values for 

measuring compliance with these 

tolerances only include residues of 

halauxifen-methyl. With the exception 

of wheat, hay, this revision to the 

residues of concern for tolerance 

enforcement had no impact on the plant 

commodity tolerances. 

V. Conclusion 

Therefore, tolerances are established 

for residues of halauxifen-methyl, 

(methyl 4-amino-3-chloro-6-(4-chloro-2- 

fluoro-3-methoxyphenyl) pyridine-2- 

carboxylate) and its major metabolite, 

XDE–729 acid, expressed as halauxifenmethyl (parent) equivalents, in or on 

barley, (grain, hay, straw) and wheat, 

grain at 0.01 ppm; wheat, forage at 0.50 

ppm; wheat, hay at 0.03 ppm; and 

wheat, straw at 0.015 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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 of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 28, 2016. 

Jack E. Housenger, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.691 to subpart C to read 

as follows: 

§ 180.691 Halauxifen-methyl; tolerances 

for residues. 

(a) General. Tolerances are 

established for residues of the herbicide, 

halauxifen-methyl, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only halauxifen-methyl 

(methyl (4-amino-3-chloro-6-(4-chloro2-fluoro-3-methoxyphenyl)-2-pyridine 

carboxylate). 

Commodity Parts per million 

Barley, grain ..................... 0.01 

Barley, hay ........................ 0.01 

Barley, straw ..................... 0.01 

Wheat, forage ................... 0.50 

Wheat, grain ..................... 0.01 

Wheat, hay ....................... 0.03 

Wheat, straw ..................... 0.015 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2016–19118 Filed 8–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

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 


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

document in the Federal Register 

withdrawing this direct final rule before 

it takes effect, and the separate 

document in the ‘‘Proposed Rules’’ 

section of this Federal Register will 

serve as the proposal to authorize the 

changes. 

DATES: This final authorization is 

effective on October 11, 2016 unless the 

EPA receives adverse written comment 

by September 12, 2016. If the EPA 

receives such comment, EPA will 

publish a timely withdrawal of this 

direct final rule in the Federal Register 

and inform the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: patterson.alima@epa.gov. 

• Fax: (214) 665–6762 (prior to 

faxing, please notify Alima Patterson at 

(214) 665–8533). 

• Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

RCRA Permit Section (RPM), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas Texas 75202–2733. 

• Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, RCRA Permit Section 

(RPM), Multimedia Planning and 

Permitting Division, EPA Region 6, 1445 

Ross Avenue, Dallas Texas 75202–2733. 

Instructions: EPA must receive your 

comments by September 12, 2016. 

Direct your comments to Docket ID 

Number EPA–R06–RCRA–2016–0176. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI), or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov, or 

email. The Federal regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. (For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm.) 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov, or in hard copy. 

You can view and copy Arkansas’ 

application and associated publicly 

available materials from 8:30 a.m. to 4 

p.m. Monday through Friday at the 

following locations: Arkansas 

Department of Environmental Quality 

(ADEQ), 8101 Interstate 30, Little Rock, 

Arkansas 72219–8913, (501) 682–0876, 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, RCRA 

Permit Section (RPM), Multimedia 

Planning and Permitting Division, (214) 

665–8533, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

email address patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

CFR parts 124, 260 through 268, 270, 

273, and 279. 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) 

take effect in authorized States at the 

same time that they take effect in 

unauthorized States. Thus, the EPA will 

implement those requirements and 

prohibitions in the State of Arkansas, 

including the issuance of new permits 

implementing those requirements, until 

the State is granted authorization to do 

so. 

II. What decisions has the EPA made in 

this rule? 

On November 30, 2015, Arkansas 

submitted a final complete program 

revision application seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated between October 4, 2005 

and January 3, 2014, including the 

adoption of portions of RCRA Clusters 

XVI and XVII, and RCRA Clusters XXII 

and XXIII (Checklists 211, 213, 214, and 

228 through 232). The EPA concludes 

that Arkansas’ application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA, as set forth in 

RCRA section 3006(b), 42 U.S.C. 

6926(b), and 40 CFR part 271. Therefore, 

the EPA grants Arkansas final 

authorization to operate its hazardous 

waste program with the changes 

described in the authorization 

application, and as outlined below in 

Section G of this document. The State 

of Arkansas has responsibility for 

permitting treatment, storage, and 

disposal facilities (TSDFs) within its 

borders (except in Indian Country) and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of HSWA, as discussed 

above. New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Arkansas, including issuing permits, 

until the State is granted authorization 

to do so. 


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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. 


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

Description of 

Federal requirement 

(include checklist #, 

if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

1. Revision of Wastewater Treatment 

Exemptions for 

Hazardous Waste 

Mixtures 

(‘‘Headworks exemptions’’). 

(Checklist 211).

70 FR 57769–57785 October 4, 2005 .. Arkansas Code of 1987 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 261.3(a)(2)(iv)(A), (B), 

(D), (F), and (G), as amended September 25, 2015, effective on October 18, 

2015. 

2. Burden Reduction 

Initiative. (Checklist 

213).

71 FR 16862–16915 April 4, 2006 ....... Arkansas Code of 1987 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 the Code of 

Federal Regulations. (Checklist 

214).

71 FR 40254–40280 July 14, 2006 ...... Arkansas Code of 1987 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 260.10 ‘‘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), 


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

Description of 

Federal requirement 

(include checklist #, 

if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

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 Corrections and Clarification Rule. (Checklist 228).

77 FR 22229–22232 April 13, 2012 ..... Arkansas Code of 1987 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 261.32(a), entry for 

K107, and 266.20(b), as amended September 25, 2015, effective on October 

18, 2015. 

5. Conditional Exclusions for Solvent 

Contaminated 

Wipes. (Checklist 

229).

78 FR 46448–46485 July 31, 2013 ...... Arkansas Code of 1987 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 260.10 ‘‘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. 


sradovich on DSK3GMQ082PROD with RULES
53030 Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations 

Description of 

Federal requirement 

(include checklist #, 

if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

6. Conditional Exclusion for Carbon Dioxide (CO2) 

Streams in Geologic Sequestration 

Activities. (Checklist 230).

79 FR 350–364 January 3, 2014 .......... Arkansas Code of 1987 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 260.10 ‘‘Carbon dioxide stream’’, and 261.4(h), as amended September 25, 2015, effective on 

October 18, 2015. 

7. Hazardous Waste 

Electronic Manifest 

Rule. (Checklist 

231).

79 FR 7518–7563 February 7, 2014 .... Arkansas Code of 1987 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 260.2, 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 Provisions 

of the Cathode 

Ray Tube (CRT) 

Rule. (Checklist 

232).

79 FR 36220–36231 June 26, 2014 ..... Arkansas Code of 1987 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 260.10 ‘‘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 


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

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Parts 144, 147, 153, 154, 155, 

156, and 158 

[CMS–9937–F2] 

RIN–0938–AS57 

Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and 

Payment Parameters for 2017; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction and 

correcting amendment. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the March 8, 2016 Federal Register (81 

FR 12204 through 12352) entitled 

‘‘Patient Protection and Affordable Care 

Act; HHS Notice of Benefit and Payment 

Parameters for 2017.’’ The effective date 

for the rule was May 9, 2016. 

DATES:

Effective Date: This correcting 

document is effective August 11, 2016. 

Applicability Date: The corrections 

indicated in this document are 

applicable beginning May 9, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Allison Yadsko (410) 786–1740. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2016–04439 (81 FR 12204), 

the final rule entitled ‘‘Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2017’’ (2017 Payment 

Notice), there were technical errors that 

are identified and corrected in section 

IV, the Correction of Errors. These 

corrections are applicable as of May 9, 

2016. 

II. Summary of Errors 

A. Summary of Errors in the Preamble 

On page 12296, the phrase 

‘‘paragraphs (c)(1)(ii) and (c)(2)(iii) of 

this paragraph’’ should include a 

reference to ‘‘(c)(3)(ii).’’ This correction 

clarifies how the provisions are at least 

as stringent as the requirements of 

paragraph (c) and aligns with the next 

paragraph that clarifies we do not 

believe that applying timeframes less 

stringent than those in the current 

§ 156.122(c) would benefit enrollees. 

On pages 12310 and 12311 the word 

‘‘consecutive’’ should have been 

attached to the description of the grace 

period for enrollees receiving advance 

payments of the premium tax credit 

(APTC), for the description to be 

consistent with the regulation text that 

was promulgated prior to the Patient 

Protection and Affordable Care Act; 

HHS Notice of Benefit and Payment 

Parameters for 2017; Final Rule. This 

correction accurately reflects the length 

of the grace period for enrollees 

receiving APTC as being 3 consecutive 

months. 

B. Summary of Errors in Regulation Text 

On page 12349, in 

§ 156.122(c)(4)(i)(D), we inadvertently 

omitted a cross-reference to paragraph 

(c)(3)(ii). 


sradovich on DSK3GMQ082PROD with RULES