59438 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 

■ 3. Section 52.672 is amended by 

revising paragraph (e)(2) and adding 

paragraph (e)(3) to read as follows: 

§ 52.672 Approval of plans. 

* * * * * 

(e) * * * 

(2) EPA approves as a revision to the 

Idaho State Implementation Plan, the 

Northern Ada County PM10 Second TenYear Maintenance Plan adopted by the 

State on March 11, 2013. 

(3) EPA approves as a revision to the 

Idaho State Implementation Plan, the 

Pinehurst PM10 Contingency Measures, 

adopted by the State on July 13, 1995. 

* * * * * 

[FR Doc. 2014–23365 Filed 10–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2012–0793; FRL–9916– 

02–Region 6] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: During a review of Arkansas’ 

regulations, the Environmental 

Protection Agency (EPA) identified a 

variety of State-initiated changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). We have determined that 

these changes are minor and satisfy all 

requirements needed to qualify for Final 

authorization and are authorizing the 

State-initiated changes through this 

Direct Final action. 

The Solid Waste Disposal Act, as 

amended, commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA), allows the Environmental 

Protection Agency (EPA) to authorize 

States to operate their hazardous waste 

management programs in lieu of the 

Federal program. The EPA uses the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. The 

rule codifies in the regulations the prior 

approval of Arkansas’ hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s statutes and regulations. 

DATES: This regulation is effective 

December 1, 2014, unless the EPA 

receives adverse written comment on 

the codification of the Arkansas 

authorized RCRA program by the close 

of business November 3, 2014. 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 incorporation by 

reference of authorized provisions in the 

Arkansas statutes and regulations 

contained in this rule is approved by the 

Director of the Federal Register as of 

December 1, 2014 in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2 Email: patterson.alima@epa.gov or 

banks.julia@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, Codification Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, or Julia Banks, Codification 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2012– 

XXXX. EPA’s policy is that all 

comments received will be included in 

the public docket without change, 

including 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 http://

www.regulations.gov, or email. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/

dockets.htm). 

You can view and copy the 

documents that form the basis for this 

authorization and codification and 

associated publicly available materials 

from 8:30 a.m. to 4 p.m. Monday 

through Friday at the following location: 

EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number: (214) 665–8533 or (214) 665– 

8178. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6 Regional 

Authorization Coordinator, or Julia 

Banks, Codification Coordinator, State/

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

Phone numbers: (214) 665–8533 and 

(214) 665–8178, and Email address: 

patterson.alima@epa.gov or 

banks.julia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated 

Changes 

A. Why are revisions to State programs 

necessary? 

States which have received Final 

authorization from the EPA under RCRA 

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

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

hazardous waste program. As the 

Federal program changes, the States 

must change their programs and ask the 

EPA to authorize the changes. Changes 

to State hazardous waste programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

States can also initiate their own 


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Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 59439 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What decisions have we made in this 

rule? 

We conclude that Arkansas’ revisions 

to its authorized program meet all of the 

statutory and regulatory requirements 

established by RCRA. We found that the 

State-initiated changes make Arkansas’ 

rules more clear or conform more 

closely to the Federal equivalents and 

are of such 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 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 that oppose this action? 

If the EPA receives comments that 

oppose this authorization or the 

incorporation-by-reference of the State 

program, 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, or the incorporation-byreference, on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. If you want to comment on 

this authorization and incorporation-byreference, 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 or the incorporation-byreference of the State program, we may 

withdraw only that part of this rule, but 

the authorization of the program 

changes or the incorporation-byreference of the State program 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 or incorporation-byreference of the State program will 

become effective and which part is 

being withdrawn. 

F. For what has Arkansas previously 

been authorized? 

Arkansas initially received final 

authorization on January 25, 1985 (50 

FR 1513), to implement its Base 

Hazardous Waste Management program. 

Arkansas received authorization for 

revisions to its program on January 11, 

1985 (50 FR 1513), effective January 25, 

1985; March 27, 1990 (55 FR 11192), 

effective May 29, 1990; September 18, 

1991 (56 FR 47153), effective November 

18, 1991; October 5, 1992 (57 FR 45721), 

effective December 4, 1992; October 7, 

1994 (59 FR 51115), effective December 

21, 1994, April 24, 2002 (67 FR 20038), 

effective June 24, 2002; 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; and August 

10, 2012 (77 FR 47779), effective 

October 9, 2012. 

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, 

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, 2008. Arkansas 

Pollution Control and Ecology 

Commission Regulation No. 23, 

Hazardous Waste Management, as 

amended April 23, 2010, effective June 

13, 2010. 

State requirement Analogous Federal 

requirement 

Reg. No. 23 

260.20(d)–(f).

40 CFR 260.20 (d)– 

(e) related. 

Reg. No. 23 261.21 

(a)(3) and 

261.21(a)(4); Notes 

1–4.

40 CFR 261.21(a)(3) 

and 261.21(a)(4); 

Notes 1–4. 

Reg. No. 23 

261.33(e) and (f).

40 CFR 261.33(e) 

and (f). 

Reg. No. 23 262.12 .. 40 CFR 262.12. 

Reg. No. 23 

263.20(h)(1) [reserved].

40 CFR 263.20(h)(1). 

Reg. No. 23 270.7 

(e)(2)(ii) introductory paragraph.

40 CFR 124.32(b)(2) 

introductory paragraph. 

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. 


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59440 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 

II. Incorporation-by-Reference 

A. What is codification? 

Codification is the process of placing 

a State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste management program 

into the Code of Federal Regulations 

(CFR). Section 3006(b) of RCRA, as 

amended, allows the Environmental 

Protection Agency (EPA) to authorize 

State hazardous waste management 

programs to operate in lieu of the 

Federal hazardous waste management 

regulatory program. The EPA codifies its 

authorization of State programs in 40 

CFR part 272 and incorporates by 

reference State statutes and regulations 

that the EPA will enforce under sections 

3007 and 3008 of RCRA and any other 

applicable statutory provisions. 

B. What is the history of the 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), and August 27, 2010 (75 FR 

36538). In this action, EPA is revising 

Subpart E of 40 CFR part 272 to include 

the recent authorization revision actions 

effective August 27, 2010 (75 FR 36538) 

and October 9, 2012 (77 FR 47779). 

C. What codification decisions have we 

made in this rule? 

The purpose of this Federal Register 

document is to codify Arkansas’ base 

hazardous waste management program 

and its revisions to that program. The 

EPA provided notices and opportunity 

for comments on the Agency’s decisions 

to authorize the Arkansas program, and 

the EPA is not reopening the decisions, 

nor requesting comments, on the 

Arkansas authorizations as published in 

the Federal Register notices specified in 

Section I.F. of this document. 

This 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 Code of Federal 

Regulations, the public will be more 

easily able to discern the status of 

Federally approved requirements of the 

Arkansas hazardous waste management 

program. 

The EPA is incorporating by reference 

the Arkansas authorized hazardous 

waste program in subpart E of 40 CFR 

part 272. Section 272.201 incorporates 

by reference Arkansas’ authorized 

hazardous waste statutes and 

regulations. Section 272.201 also 

references the statutory provisions 

(including procedural and enforcement 

provisions) which provide the legal 

basis for the State’s implementation of 

the hazardous waste management 

program, the Memorandum of 

Agreement, the Attorney General’s 

Statements and the Program 

Description, which are approved as part 

of the hazardous waste management 

program under Subtitle C of RCRA. 

D. What is the effect of Arkansas’ 

codification on enforcement? 

The EPA retains its authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013, and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in authorized 

States. With respect to these actions, the 

EPA will rely on Federal sanctions, 

Federal inspection authorities, and 

Federal procedures rather than any 

authorized State analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved Arkansas 

procedural and enforcement authorities. 

Section 272.201(c)(2) of 40 CFR lists the 

statutory 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 the State 

has adopted in its regulations; 

(3) Unauthorized amendments to 

authorized State provisions; and 

(4) New unauthorized State 

requirements. 

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. 

Arkansas has adopted but is not 

authorized for the following Federal 

rules published in the Federal Register 

on July 15, 1985 (50 FR 28702; 

amendments to 40 CFR 260.22 only); 

April 12, 1996 (61 FR 16290); August 5, 

2005 (70 FR 45508); October 4, 2005 (70 

FR 57769); October 12, 2005 (70 FR 

59402); April 4, 2006 (71 FR 16862); 

July 14, 2006 (71 FR 40254); July 28, 

2006 (71 FR 42928); January 2, 2008 (73 

FR 57). Therefore, these Federal 

amendments included in Arkansas’ 

regulations, are not part of the State’s 

authorized program and are not part of 

the incorporation by reference 

addressed by this Federal Register 

document. 

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 

new State requirements. State 

regulations that are not incorporated by 

reference in this rule at 40 CFR 

272.201(c)(1), or that are not listed in 40 

CFR 272.201(c)(3) (‘‘broader in scope’’), 

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 

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 


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Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 59441 

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. 

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 

incorporated by reference Arkansas’ 

authorized hazardous waste 

management regulations, and imposes 

no additional requirements beyond 

those imposed by State law. This final 

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.). Incorporation 

by reference will not impose any new 

burdens on small entities. 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 approves under 

40 CFR part 271, 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). 

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 

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 action is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply 

Distribution or Use’’ (66 FR 28344, 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 incorporation 

by reference 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 

incorporation by reference 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) do not apply. The final rule does 

not include environmental justice issues 

that require consideration under 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 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. 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 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 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 December 1, 2014. 

List of Subjects 

40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Indians-lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 272 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Intergovernmental relations, 

Water pollution control, Water supply. 

Authority: This notice 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: August 18, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

For the reasons set forth in the 

preamble, under the authority at 42 

U.S.C. 6912(a), 6926, and 6974(b), the 

EPA is granting final authorization 

under part 271 to the State of Arkansas 

for revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act and is 

amending 40 CFR part 272 as follows: 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 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 of 1976, as amended, 42 U.S.C. 

6912(a), 6926, and 6974(b). 

■ 2. Revise § 272.201 to read as follows: 


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59442 Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations 

§ 272.201 Arkansas State-administered 

program: Final authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), the EPA 

granted Arkansas final authorization for 

the following elements as submitted to 

EPA in Arkansas’ Base program 

application for final authorization 

which was approved by EPA effective 

on January 25, 1985. Subsequent 

program revision applications were 

approved effective on May 29, 1990; 

November 18, 1991; December 4, 1992; 

December 21, 1994; June 24, 2002; 

October 15, 2007; August 27, 2010; 

October 9, 2012 and December 1, 2014. 

(b) 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) 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. Copies of the Arkansas 

statutes that are incorporated by 

reference are available from Michie 

Publishing, 1275 Broadway Albany, 

New York 12204, Phone: (800) 223– 

1940. Copies of the Arkansas regulations 

that are incorporated by reference are 

available from the Arkansas Department 

of Environmental Quality Web site at 

http://www.adeq.state.ar.us/regs/

default.htm or the Public Outreach 

Office, ADEQ, 5301 Northshore Drive, 

North Little Rock, Arkansas 72118– 

5317, Phone: (501) 682–0923. You may 

inspect a copy at EPA Region 6 Library, 

12th Floor, 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 ‘‘EPAApproved Arkansas Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated October, 2012. 

(ii) [Reserved] 

(2) The following provisions provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, but they are not 

being incorporated by reference and do 

not replace Federal authorities: 

(i) Arkansas Code of 1987 Annotated 

(A.C.A.), 2000 Replacement, Title 4, 

Business and Commercial Law, Chapter 

75: Section 4–75–601(4) ‘‘Trade Secret’’. 

(ii) Arkansas Code of 1987 Annotated 

(A.C.A.), 2000 Replacement, Title 8, 

Environmental Law, Chapter 1: Section 

8–1–107. 

(iii) Arkansas Hazardous Waste 

Management Act of 1979, as amended, 

Arkansas Code of 1987 Annotated 

(A.C.A.), 2000 Replacement, Title 8, 

Environmental Law, Chapter 7, 

Subchapter 2: Sections 8–7–205 through 

8–7–214, 8–7–217, 8–7–218, 8–7–220, 

8–7–222, 8–7–224 and 8–7–225(b) 

through 8–7–225(d). 

(iv) Arkansas Hazardous Waste 

Management Act of 1979, as amended, 

Arkansas Code of 1987 Annotated 

(A.C.A.), 2009 Supplement, Title 8, 

Environmental Law, Chapter 7, 

Subchapter 2: Sections 8–7–204 (except 

8–7–204(e)(3)(B)) and 8–7–227. 

(v) Arkansas Resource Reclamation 

Act of 1979, as amended, Arkansas Code 

of 1987 Annotated (A.C.A.), 2000 

Replacement, 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.), 2000 

Replacement, Title 8, Environmental 

Law, Chapter 7, Subchapter 5: Sections 

8–7–505(3), 8–7–507 and 8–7–511. 

(vii) Remedial Action Trust Fund Act 

of 1985, as amended, Arkansas Code of 

1987 Annotated (A.C.A.), 2009 

Supplement, Title 8, Environmental 

Law, Chapter 7, Subchapter 5: Sections 

8–7–503(6) and (7), 8–7–508 and 8–7– 

512. 

(viii) Arkansas Freedom of 

Information Act (FOIA) of 1967, as 

amended, Arkansas Code of 1987 

Annotated (A.C.A.), 2009 Supplement, 

Title 25, State Government, Chapter 19: 

Sections 25–19–103(1), 25–19–105, 25– 

19–107. 

(ix) Arkansas Pollution Control and 

Ecology (APC&E) Commission 

Regulation No. 23, Hazardous Waste 

Management, as amended April 23, 

2010, effective June 13, 2010, Chapter 

One; Chapter Two, Sections 1, 2, 3(a), 

3(b)(3), 4, 260.2, 260.20(c) through (f), 

261 Appendix IX, 270.7(h) and (j), 

270.10(e)(8), 270.34, Chapter Three, 

Sections 19 and 21, 22; Chapter Five, 

Section 28. 

(x) Arkansas Pollution Control and 

Ecology (APC&E) Commission, 

Regulation No. 7, Civil Penalties, July 

24, 1992. 

(xi) Arkansas Pollution Control and 

Ecology (APC&E) Commission, 

Regulation No. 8, Administrative 

Procedures, February 12, 2009. 

(3) The following statutory and 

regulatory provisions are broader in 

scope than the Federal program, are not 

part of the authorized program, and are 

not incorporated by reference: 

(i) Arkansas Hazardous Waste 

Management Act, as amended, Arkansas 

Code of 1987 Annotated (A.C.A.), 2000 

Replacement, Title 8, Environmental 

Law, Chapter 7, Subchapter 2: Section 

8–7–226. 

(ii) Arkansas Pollution Control and 

Ecology (APC&E) Commission 

Regulation No. 23, Hazardous Waste 

Management, as amended April 23, 

2010, effective June 13, 2010, Chapter 

Two, Sections 6, 262.13(c), 262.24(d), 

263.10(e), 263.13, 264.71(e), and 

265.71(e). 

(4) Unauthorized State amendments 

and provisions. Arkansas has partially 

or fully adopted, but is not authorized 

to implement, the Federal rules that are 

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. The EPA will not 

enforce the non-HSWA Federal rules 

although they may be enforceable under 

State law. For those Federal rules that 

contain both HSWA and non-HSWA 

requirements, the EPA will enforce only 

the HSWA portions of the rules. 

Federal requirement Federal Register reference Publication date 

HSWA Codification Rule—Delisting (HSWA) (Checklist 17B—amendments to 40 

CFR 260.22 only).

50 FR 28702 ........................................... July 15, 1985. 

Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA) (Checklist 152).61 FR 16290 ........................................... April 12, 1996. 

Universal Waste Rule: Specific Provisions for Mercury Containing Equipment 

(Non-HSWA) (Checklist 209).

70 FR 45508 ........................................... August 5, 2005. 


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Federal requirement Federal Register reference Publication date 

Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 

(‘‘Headworks exemptions’’) (Non-HSWA) (Checklist 211).

70 FR 57769 ........................................... October 4, 2005. 

NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (HSWA and Non-HSWA) (Checklist 212).70 FR 59402 ........................................... October 12, 2005. 

Burden Reduction Initiative (HSWA and Non-HSWA) (Checklist 213) ................... 71 FR 16862 ........................................... April 4, 2006. 

Corrections to Errors in the Code of Federal Regulations (HSWA and NonHSWA) (Checklist 214).71 FR 40254 ........................................... July 14, 2006. 

Cathode Ray Tubes Rule (HSWA) (Checklist 215) ................................................ 71 FR 42928 ........................................... July 28, 2006. 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Non-HSWA) (Checklist 216).73 FR 57 ................................................. January 2, 2008. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region VI and the State of 

Arkansas, signed by the Executive 

Director of the Arkansas Commission on 

Environmental Quality (TCEQ) on June 

27, 2012, and by the EPA Regional 

Administrator on July 10, 2012, is 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

(6) 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, and 

December 12, 2010 are referenced as 

part of the authorized hazardous waste 

management program under Subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(7) 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. 

■ 3. Appendix A to part 272, State 

Requirements, 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.), 2000 Replacement, 

Title 8, Environmental Law, Chapter 7, 

Subchapter 2: Sections 8–7–202, 8–7–203, 8– 

7–215, 8–7–216, 8–7–219, 8–7–221, 8–7–223 

and 8–7–225(a). 

Arkansas Code of 1987 Annotated (A.C.A.), 

2000 Replacement, Title 8, Environmental 

Law, Chapter 10, Subchapter 3: Section 8– 

10–301(d). 

Copies of the Arkansas statutes that are 

incorporated by reference are available from 

Michie Publishing, 1275 Broadway Albany, 

New York 12204, Phone: (800) 223–1940. 

The regulatory provisions include: 

Arkansas Pollution Control and Ecology 

(APC&E) Commission Regulation No. 23, 

Hazardous Waste Management, as amended 

April 23, 2010, effective June 13, 2010. Please 

note that the 2010 APC&E Commission 

Regulation No. 23, is the most recent version 

of the Arkansas authorized hazardous waste 

regulations. For a few provisions, the 

authorized version is found in the APC&E 

Commission Regulation 23, effective January 

21, 1996, December 6, 2003 or March 23, 

2006. Arkansas made subsequent changes to 

these provisions but these changes have not 

been authorized by EPA. The provisions from 

the January 21, 1996, December 6, 2003 or 

March 23, 2006 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 ‘‘cathode ray tube’’, 

‘‘consolidation’’ ‘‘CRT collector’’, ‘‘CRT glass 

manufacturer’’, ‘‘CRT processing’’, 

‘‘gasification’’, ‘‘mercury-containing device’’, 

‘‘Performance Track member facility’’, the 

phrase ‘‘a written permit issued by the 

Arkansas Highway and Transportation 

Department authorizing a person to transport 

hazardous waste (Hazardous Waste 

Transportation Permit), or’’ in the definition 

for ‘‘permit’’ and 260.10 (3) ‘‘universal 

waste’’); 260.10 (3) ‘‘universal waste’’ 

(December 6, 2003); 260.11(a) (March 23, 

2006); 260.11(b) through (g) (except reserved 

provisions); 260.20 (except 260.20(c) through 

(f)); 260.21; 260.23; 260.30; 260.31(a); 

260.31(b) introductory paragraph; 260.31 

(b)(1) through (8) (March 23, 2006); 260.31(c); 

260.32; 260.33; 260.40; 260.41; and 

Appendix I. 

Section 261—Identification and Listing of 

Hazardous Waste—261.1; 261.2; 261.3 

(except 261.3(a)(2)(iv) and reserved 

provisions); 261.3(a)(2)(iv) (March 23, 2006); 

261.4(a) (except 261.4(a)(9)(iii), (a)(12)(i), 

(a)(22)); 261.4(a)(9)(iii) and (a)(12)(i) (March 

23, 2006); 261.4(b) through (e); 261.4(f) 

(except 261.4(f)(9)); 261.4(f)(9) (March 23, 

2006); 261.4(g); 261.5; 261.6 (except (a)(5)); 

261.7; 261.8; 261.9 (except 261.9(c)); 261.9(c) 

(December 6, 2003); 261.10; 261.11; 261.20 

through 261.24; 261.30 through 261.33; 

261.35; 261.38; Appendices I, VII and VIII. 

Section 262 Standards Applicable to 

Generators of Hazardous Waste—262.10 

(except 262.10(d)); 262.11; 262.12; 262.13 

(except 262.13(c)); 262.20 (except reserved 

provision); 262.21; 262.22; 262.23; 262.24 

(except 262.24(d)); 262.27; 262.30; 262.31 

through 262.34; 262.35 (except the phrase 

‘‘and the requirements of § 262.13(d) and 

§ 263.10(d)’’ at 262.35(a)(2)); 262.40; 262.41 

(except references to PCBs) (January 21, 

1996); 262.42; 262.43; 262.50 through 262.58; 

262.60 (except 262.60(e)); 262.70; 262.200 

through 262.216; and Appendix I. 

Section 263—Standards Applicable to 

Transporters of Hazardous Waste 263.10 

(except 263.10(d) and (e)), 263.11, 263.12, 

263.20 (except 263.20(g)(4) and reserved 

provision), 263.21, 263.22, 263.30 and 

263.31. 

Section 264—Standards for Owners and 

Operators of Hazardous Waste Treatment, 

Storage, and Disposal Facilities—264.1 

(except 264.1(g)(11)(iii) and reserved 

provisions); 264.1(g)(11)(iii) (December 6, 

2003); 264.3; 264.4; 264.10; 264.11; 264.12 

(except 264.12(a)(2)); 264.13 through 264.19; 

264.20(a) through (c); 264.30 through 264.35; 

264.37; 264.50 through 264.56; 264.70; 

264.71 (except 264.71(a)(3), (d) and (e)); 

264.72; 264.73 (March 23, 2006); 264.74; 

264.75 (except 264.75(g)); 264.75(g) (January 

21, 1996); 264.75(h) (January 21, 1996); 

264.76 (except reserved provision); 264.77; 

264.90 through 264.101; 264.110 through 

264.120; 264.140; 264.141 (except the 

definition of ‘‘captive insurance’’ at 

264.141(f)); 264.142; 264.143 (except the last 

sentence of 264.143(e)(1)); 264.144; 264.145 

(except the last sentence of 264.145(e)(1)); 

264.146; 264.147 (except the last sentences of 

264.147(a)(1)(i) and 264.147(b)(1)(ii) and 

reserved provision); 264.148; 264.151; 

264.170 through 264.174; 264.175 (except 

reserved provision); 264.176 through 

264.179; 264.190 through 264.200; 264.220 

through 264.223; 264.226 through 264.232; 

264.250 through 264.254; 264.256 through 

264.259; 264.270 through 264.273; 264.276; 

264.278 through 264.283; 264.300 through 

264.304; 264.309; 264.310; 264.312(a); 

264.313; 264.314(a) (except 264.314(a)(2) and 

(a)(3)); 264.314(b) (except the last sentence); 

264.314(c) through 264.314(f); 264.315; 

264.316; 264.317; 264.340 through 264.345; 

264.347 (March 23, 2006); 264.351; 264.550 

through 264.555 (except reserved provision); 

264.570 through 264.575; 264.600 through 

264.603; 264.1030 through 264.1036; 

264.1050 through 264.1065 (except reserved 

provision); 264.1080 through 264.1090; 

264.1100 through 264.1102; 264.1200; 

264.1201; 264.1202; Appendix I; and 

Appendices IV, V and IX. 


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Section 265—Interim Status Standards for 

Owners and Operators of Hazardous Waste 

Treatment, Storage, and Disposal Facilities— 

265.1 (except 265.1(c)(14)(iii) and reserved 

provisions); 265.1(c)(14)(iii) (December 6, 

2003); 265.4, 265.10, 265.11, 265.12 (except 

265.12(a)(2)), 265.13, 265.14, 265.15 (except 

the phrase ‘‘, except for Performance Track 

member facilities . . . as described in 

paragraph (b)(5) of this section’’ at 

265.15(b)(4) and 265.15(b)(5)); 265.16 (except 

265.16(a)(4)); 265.17 through 265.19; 265.30 

through 265.35; 265.37; 265.50; 265.51; 

265.52 (except the last three sentences of 

265.52(b)); 265.53 through 265.55; 265.56 

(except 265.56(j)); 265.56(i) and (j) (March 23, 

2006); 265.70, 265.71 (except 265.71(a)(3), (d) 

and (e)), 265.72; 265.73 (March 23, 2006); 

265.74; 265.75 (except 265.75(g)); 265.75(g) 

(January 21, 1996); 265.75(h) (January 21, 

1996); 265.76(a); 265.77; 265.90 (except the 

last sentence of 265.90(d)(1), and in 

265.90(d)(3) the phrase ‘‘and place it in the 

facility’s . . . closure of the facility’’); 265.91; 

265.92; 265.93 (except the last sentence of 

265.93(d)(2) and the last sentence of 

265.93(d)(5)); 265.94; 265.110 through 

265.112; 265.113 (except 265.113(e)(5)); 

265.113(e)(5) (March 23, 2006); 265.114; 

265.115 (March 23, 2006); 265.116 through 

265.119; 265.120 (March 23, 2006); 265.121; 

265.140, 265.141 (except the definition of 

‘‘captive insurance’’ at 265.141(f)); 265.142; 

265.143 (except the last sentence of 

265.143(d)(1) and ‘‘qualified’’ before 

‘‘Arkansas-registered Professional Engineer’’ 

in 265.143(h)); 265.144; 265.145; 265.146; 

265.147 (except the last sentences of 

265.147(a)(1) and 265.147(b)(1), ‘‘qualified’’ 

before ‘‘Arkansas-registered Professional 

Engineer’’ in 265.147(e) and reserved 

provision); 265.148; 265.170 through 

265.173; 265.174 (March 23, 2006); 265.176; 

265.177, 265.178, 265.190; 265.191; 265.192; 

265.193(a) (March 23, 2006); 265.193(b) 

through 265.193(i); 265.194; 265.195 (March 

23, 2006); 265.196 (except 265.196(f)); 

265.196(f) (March 23, 2006); 265.197 through 

265.200; 265.201 (March 23, 2006); 265.202; 

265.220; 265.221 (except 265.221(a)); 

265.221(a) (March 23, 2006); 265.222; 

265.223; 265.224 (March 23, 2006); 

265.224(b) and (c); 265.225; 265.226; 265.228 

through 265.231; 265.250 through 265.258; 

265.259(a) (March 23, 2006); 265.259(b) and 

(c); 265.260; 265.270; 265.272; 265.273; 

265.276; 265.278; 265.279; 265.280 (except 

the word ‘‘qualified’’ before ‘‘Arkansasregistered professional engineer’’ in 

265.180(e)); 265.281; 265.282; 265.300; 

265.301(a); 265.301(b) through 265.301(i); 

265.302; 265.303(a) (March 23, 2006); 

265.303(b) and (c); 265.304; 265.309; 

265.310; 265.312(a); 265.313; 265.314 (except 

265.314(a)(2), (a)(3) and the last sentence in 

265.314(b)) (March 23, 2006); 265.315; 

265.316; 265.340; 265.341; 265.345; 265.347; 

265.351; 265.352; 265.370; 265.373; 265.375; 

265.377; 265.381; 265.382; 265.383; 265.400 

through 265.406; 265.430; 265.440 through 

265.445; 265.1030 through 265.1035; 

265.1050 (except reserved provision); 

265.1051 through 265.1060; 265.1061 (March 

23, 2006); 265.1062 (March 23, 2006); 

265.1063; 265.1064; 265.1080 through 

265.1090; 265.1100 (March 23, 2006); 

265.1101 (except the phrase ‘‘, except for 

Performance Track . . . director’’ and the last 

sentence in 265.1102(c)(4); 265.1102; 

265.1200; 265.1201; 265.1202; Appendix I; 

and Appendices III through VI. 

Section 266—Standards for the 

Management of Specific Hazardous Wastes 

and Specific Types of Hazardous Waste 

Management Facilities—266.20 through 

266.23; 266.70 (except 266.70(b)(3)); 266.80; 

266.100 (except 266.100(b)); 266.100(b) 

(March 23, 2006); 266.101; 266.102 (except 

266.102(e)(10)); 266.102(e)(10) (March 23, 

2006); 266.103 (except 266.103(d) and (k)); 

266.103(d) and (k) (March 23, 2006); 266.104 

through 266.112; 266.200 through 266.206; 

266.210; 266.220; 266.225; 266.230; 266.235; 

266.240; 266.245; 266.250; 266.255; 266.260; 

266.305; 266.310; 266.315; 266.320; 266.325; 

266.330; 266.335; 266.340; 266.345; 266.350; 

266.355; 266.360; and Appendices I through 

XIII. 

Section 267—Standards for Owners and 

Operators of Hazardous Waste Facilities 

Operating Under a Standardized Permit— 

267.1 through 267.3; 267.10 through 267.18; 

267.30 through 267.36; 267.50 through 

267.58; 267.70 through 267.76; 267.90; 

267.101; 267.110 through 267.113; 267.115 

through 267.117; 267.140 through 267.143; 

267.147 through 267.151; 267.170 through 

267.177; 267.190 through 267.204; and 

267.1100 through 267.1108. 

Section 268—Land Disposal Restrictions— 

268.1 (except 268.1(f)(3)); 268.1(f)(3) 

(December 6, 2003); 268.2 through 268.4, 

268.7(a) (except 268.7(a)(1), (a)(2) 

introductory paragraph and reserved 

provisions); 268.7(a)(1) and (a)(2) 

(introductory paragraph) (March 23, 2006); 

268.7(b) (except 268.7(b)(6)); 268.7(b)(6) 

(March 23, 2006); 268.7(c) through (e); 

268.9(a) (except second sentence); 268.9(b) 

and (c); 268.9(d) introductory paragraph 

(March 23, 2006); 268.9(d) (1) and (2) (except 

reserved provision); 268.13; 268.14; 268.20, 

268.30 through 268.39; 268.40 (except 

268.40(e)(1)–(4) and 268.40(i)); 268.41; 

268.42 (except 268.42(b)); 268.43; 268.45; 

268.46; 268.48; 268.49; 268.50; Appendices 

III, IV, VI through IX and XI. 

Section 270—Administered Permit 

Programs: The Hazardous Waste Permit 

Program—270.1 (except 270.1(c)(2)(viii)(C)); 

270.1(c)(2)(viii)(C) (December 6, 2003); 270.2; 

270.3 (except reserved provision); 270.4; 

270.5; 270.6(a) (except the reference to SW– 

846) (March 23, 2006); 270.6(b) (March 23, 

2006); 270.7 (except 270.7(h) and (j)); 270.10 

(except 270.10(e)(8) and (k)); 270.11 through 

270.18; 270.19 (except 270.19(e)); 270.19(e) 

(March 23, 2006); 270.20; 270.21; 270.22 

introductory paragraph (March 23, 2006); 

270.22(a) through (f); 270.23; 270.24 (except 

270.24(d)(3)); 270.24(d)(3) (March 23, 2006); 

270.25 (except 270.25(e)(3)); 270.25(e)(3) 

(March 23, 2006); 270.26 through 270.31; 

270.32 (except 270.32(b)(3)); 270.33; 270.40; 

270.41; 270.42 (except 270.42(j) through (l)); 

270.42(j) (March 23, 2006); 270.42 Appendix 

I (except entry at item L.10 and item O); 

270.43; 270.50; 270.51; 270.60 (except 

reserved provision); 270.61; 270.62 (except 

270.62 introductory paragraph); 270.62 

introductory paragraph (March 23, 2006); 

262.63; 270.64; 270.65; 270.66 (except 270.66 

introductory paragraph); 270.66 introductory 

paragraph (March 23, 2006); 270.67; 270.68; 

270.70 through 270.73; 270.79; 270.80; 

270.85; 270.90; 270.95; 270.100; 270.105; 

270.110; 270.115; 270.120; 270.125; 270.130; 

270.135; 270.140; 270.145; 270.150; 270.155; 

270.160; 270.165; 270.170; 270.175; 270.180; 

270.185; 270.190; 270.195; 270.200; 270.205; 

270.210; 270.215; 270.220; 270.225; 270.230; 

270.235 (March 23, 2006); 270.250; 270.255; 

270.260; 270.265; 270.270; 270.275; 270.280; 

270.290; 270.300; 279.305; 270.310; 270.315; 

and 270.320. 

Section 273—Standards for Universal 

Waste Management—273.1 (except 

273.1(a)(3)); 273.1(a)(3) (December 6, 2003); 

273.2; 273.3; through 273.4 (December 6, 

2003); 273.5 (except 273.5(b)(3)); 273.6; 

273.8; 273.9 (except selected definitions); 

273.9 ‘‘large quantity handler of universal 

waste’’, ‘‘small quantity handler of universal 

waste’’, and ‘‘universal waste’’ (c) (December 

6, 2003); 273.10; 273.11; 273.12; 273.13 

(except 273.13(c)); 273.13(c) (December 6, 

2003); 273.14 (except 273.14 (d)); 273.14 (d) 

(December 6, 2003); 273.15 through 273.20; 

273.30; 273.31; 237.32 (except 273.32(b)(4) 

and (5)); 273.32(b)(4) and (5) (December 6, 

2003); 273.33 (except 273.33(c)); 273.33(c) 

(December 6, 2003); 273.34 (except 

273.34(d)); 273.34(d) (December 6, 2003); 

273.35 through 273.40; 273.50 through 

273.56; 273.60; 273.61; 273.62; 273.70; 

273.80; and 273.81. 

Section 279—Standards for the 

Management of Used Oil—279.1; 279.10; 

279.11; 279.12; 279.20 through 279.24; 

279.30; 279.31; 279.32; 279.40 through 

279.47; 279.50 through 279.67; 279.70 

through 279.75; 279.80; 279.81; and 

279.82(a). 

Copies of the Arkansas regulations that are 

incorporated by reference are available from 

the Arkansas Department of Environmental 

Quality Web site at http:// 

www.adeq.state.ar.us/regs/default.htm or the 

Public Outreach Office, ADEQ, 5301 

Northshore Drive, North Little Rock, 

Arkansas 72118–5317, Phone: (501) 682– 

0923. 

* * * * * 

[FR Doc. 2014–23364 Filed 10–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[CC Docket No. 01–92; FCC 14–134] 

Developing a Unified Intercarrier 

Compensation Regime; T-Mobile et al. 

Petition for Declaratory Ruling 

Regarding Incumbent LEC Wireless 

Termination Tariffs 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This Order on Remand 

responds to the court’s directive, and 


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