36538 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

provided after the item was made 

available for claim. 

d. The shipment is available for 

delivery, but the addressee made a 

written request, i.e. Hold Mail request, 

that the shipment be held for a specific 

day(s). 

e. The delivery employee discovers 

that the shipment is undeliverable as 

addressed before leaving on the delivery 

route. 

f. If authorized by USPS 

Headquarters, and the delay was caused 

by governmental action beyond the 

control of USPS or air carriers; war, 

insurrection, or civil disturbance; delay 

or cancellation of flights; projected or 

scheduled transportation delays; 

breakdown of a substantial portion of 

USPS transportation network resulting 

from events or factors outside the 

control of USPS; or acts of God. 

g. The shipment contained live 

animals and was delivered or delivery 

was attempted within 3 days of the date 

of mailing. 

h. The Express Mail Next Day 

shipment was mailed December 22 

through December 25 and was delivered 

or delivery was attempted within 2 

business days of the date of mailing. 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

604 Postage Payment Methods 

* * * * * 

9.0 Refunds and Exchanges 

* * * * * 

9.5 Express Mail Postage Refund 

* * * * * 

9.5.2 Conditions for Refund 

[Revise the introductory paragraph of 

9.5.2 as follows:] 

A refund request must be made 

within 90 days after the date of mailing. 

Except as provided in 114.2.1 and 

414.3.1, a mailer may file for a postage 

refund only under one of the following 

circumstances: 

* * * * * 

9.5.3 Refunds Not Given 

[Revise 9.5.3 as follows:] 

A postage refund will not be given if 

the guaranteed service was not provided 

due to any of the circumstances in 

114.2.1 and 414.3.1. 

* * * * * 

We will publish an amendment to 39 

CFR part 111 to reflect these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–15336 Filed 6–25–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2009–0708; FRL–9161–9] 

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 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. In addition, this 

document corrects technical errors 

made in the April 24, 2002, and August 

15, 2007, Federal Register authorization 

documents for Arkansas. 

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 

August 27, 2010, unless the EPA 

receives adverse written comment on 

this regulation by the close of business 

July 28, 2010. If the EPA receives such 

comments, it will publish a timely 

withdrawal of this direct final rule in 

the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of August 27, 2010, in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

RCRA–2009–0708, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2 E-mail: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization 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, 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–2009– 

0708. 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 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 e-mail. 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 e-mail 

comment directly to the EPA without 

going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

You can view and copy the 

documents that form the basis for this 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36539 

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. 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, and 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. E-mail address 

patterson.alima@epa.gov and 

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 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What decisions have we made in this 

rule? 

We conclude that Arkansas’ revisions 

to its authorized program meet all of the 

statutory and regulatory requirements 

established by RCRA. We found that the 

State-initiated changes make Arkansas’ 

rules more clear or conform more 

closely to the Federal equivalents and 

are so minor in nature that a formal 

application is unnecessary. Therefore, 

we grant Arkansas final authorization to 

operate its hazardous waste program 

with the changes described in the table 

at Section G below. Arkansas has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders (except in Indian 

Country) and for carrying out all 

authorized aspects of the RCRA 

program, subject to the limitations of the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, the EPA will 

implement those requirements and 

prohibitions in Arkansas, including 

issuing permits, until the State is 

granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in Arkansas subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Arkansas 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

statutes and regulations for which 

Arkansas is being authorized by today’s 

action are already effective and are not 

changed by today’s action. 

D. Why wasn’t there a proposed rule 

before this rule? 

The EPA did not publish a proposal 

before today’s 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 today’s 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. 

You may not have another opportunity 

to comment. 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; and August 15, 

2007 (72 FR 45663), effective October 

15, 2007. 

G. What changes are we authorizing 

with this action? 

The State has made amendments to 

the provisions listed in the table which 

follows. These amendments clarify the 

State’s regulations and make the State’s 

regulations more internally consistent. 

The State’s laws and regulations, as 

amended by these provisions, provide 

authority which remains equivalent to 

and no less stringent than the Federal 

laws and regulations. These Stateinitiated 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 


erowe on DSK5CLS3C1PROD with RULES
36540 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

provisions are analogous to the 

indicated RCRA statutory provisions or 

RCRA regulations found at 40 CFR as of 

July 1, 2005. The Arkansas provisions 

are from the Arkansas Pollution Control 

and Ecology Commission Regulation 

No. 23, Hazardous Waste Management, 

as amended December 9, 2005, effective 

March 23, 2006. 

State requirement Analogous federal requirement 

260.10 ‘‘director’’ ....................................................................................... No Federal Analog. 

260.10 ‘‘EPA identification number’’ ......................................................... 260.10 ‘‘EPA identification number’’. 

260.10 ‘‘Solid waste management unit’’ or ‘‘SWMU’’’’ .............................. No Federal analog. 

260.20(b) intro .......................................................................................... 260.20(b) intro. 

260.20(b)(3) .............................................................................................. 260.20(b)(3). 

260.20(c)–(f) ............................................................................................. 260.20(c)–(e) related. 

261.5(b) .................................................................................................... 261.5(b). 

261.8 ......................................................................................................... 261.8. 

262.13(f) ................................................................................................... No Federal analog. 

262.24(a) .................................................................................................. No Federal analog. 

262.35(a) except (a)(2) ............................................................................. 261.5 related. 

262.35(b) .................................................................................................. 261.5(f)(3)&(g)(3) related. 

264.75 intro ............................................................................................... 264.75 intro. 

264.75(h) .................................................................................................. 264.75 related. 

264.75(i) .................................................................................................... 264.75 related. 

264.141(f) ‘‘completed fiscal year’’ ........................................................... 264.141(f) related. 

264.143(e)(1) ............................................................................................ 264.143(e)(1). 

264.143(f)(3)(iv) ........................................................................................ 264.143(f) related. 

264.145(e) ................................................................................................ 264.145(e). 

264.145(f)(3)(iv) ........................................................................................ 264.145(f) related. 

264.147(a)(1) ............................................................................................ 264.147(a)(1). 

264.147(b)(1)(ii) ........................................................................................ 264.147(b)(1)(ii). 

264.147(f)(3)(iv) ........................................................................................ 264.147(f) related. 

264.175(b)(2) ............................................................................................ 264.175 related. 

264.314(d) & (f) ........................................................................................ 264.314(d) & (f). 

264.601(d) & (e) ....................................................................................... No Federal analog. 

265.75 intro ............................................................................................... 265.75 intro. 

265.75(h) .................................................................................................. 265.75(f). 

265.75(i) .................................................................................................... 265.75 related. 

265.110(b)(5) ............................................................................................ No Federal analog. 

265.141(f) ‘‘completed fiscal year’’ ........................................................... 265.141(f) related. 

265.143(d)(1) ............................................................................................ 265.143(d)(1). 

265.143(e)(3)(iv) ....................................................................................... 265.143(e) related. 

265.145(e)(3)(iv) ....................................................................................... 265.145(e) related. 

265.147(f)(3)(iv) ........................................................................................ 265.147(f) related. 

265.314(c) & (e) ....................................................................................... 265.314(c) & (e). 

270.7(b) .................................................................................................... 270.14 related. 

270.7(g) .................................................................................................... 124.10(c)(4) related. 

270.7(h)(8) ................................................................................................ 124.10(b) & (c), 124.11 and 124.12(a). 

270.10(e)(1) .............................................................................................. 270.10 related. 

270.10(e)(7) .............................................................................................. No Federal analog; Related to: 264.70, 264/265.140(a), 270.70, 

270.30. 

270.10(l)(1) intro ....................................................................................... No Federal analog. 

270.13(j) .................................................................................................... 270.13(j). 

270.13(o) .................................................................................................. No Federal Analog. 

270.14(b)(7) .............................................................................................. 270.14 (b)(7) and 270.14(b) related. 

270.34 ....................................................................................................... No Federal analog.

270.70(a) .................................................................................................. 270.70(a) and (c). 

H. Who handles permits after the 

authorization takes effect? 

This authorization does not affect the 

status of State permits and those permits 

issued by the EPA because no new 

substantive requirements are a part of 

these revisions. 

I. How does this action affect Indian 

country (18 U.S.C. 1151) in Arkansas? 

Arkansas is not authorized to carry 

out its Hazardous Waste Program in 

Indian Country within the State. This 

authority remains with EPA. Therefore, 

this action has no effect in Indian 

Country. 

II. Technical Corrections 

The following technical corrections 

are made to the April 24, 2002 (67 FR 

20038) and August 15, 2007 (72 FR 

45663) Arkansas authorization Federal 

Register documents. There are two 

types of corrections being made (the 

corrections have been italicized). The 

first type includes additions or 

corrections to the list of State citations 

for Checklist entries that were actually 

included in the published Federal 

Register documents The second type of 

correction is the addition of entire 

Checklist entries for the following 

Federal requirements which were 

inadvertently omitted from the original 

authorization tables. 

• Land Disposal Restrictions—Phase 

IV—Mineral Processing Secondary 

Materials Exclusion, [63 FR 28556] May 

26, 1998. 

• Hazardous Air Pollutant Standards 

for Combustors [64 FR 52828–53077, 

September 30, 1999 as amended 

November 19, 1999, at 64 FR 63209– 

63213.]. 

• Methods Innovation Rule and SW– 

846 Final Update IIIB [70 FR 34538– 

34592, June 14, 2005, as amended 

August 1, 2005; 70 FR 44150–44151]. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36541 

A. Corrections to the April 24, 2002 (67 

FR 20038) Authorization Document 

1. In the entry for Checklist 107, the 

citation ‘‘261.4(b)(15)’’ is corrected to 

read ‘‘261.4(b)(13)’’. 

2. In the entry for Checklist 109, add 

268.46, 268, Appendix II. 

3. In the entry for Checklist 110: 

• The citation ‘‘261.4(a)(1)’’ is 

corrected to read ‘‘261.4(a)(10)’’. 

• The citation ‘‘261, Appendix VIII’’ is 

corrected to read ‘‘261, Appendix VII’’. 

4. In the entry for Checklist 114, add 

266.103(c)(1)(xi) introductory 

paragraph. 

5. In the entry for Checklist 118, add 

265.316(b) and (c). 

6. In the entry for Checklist 122, add 

261.4(b)(13) and (b)(14), 264.1(g)(2), 

265.1(c)(6). 

7. In the entry for Checklist 124, add 

264.1(g)(6), 265.1(c)(10), 268.1(e)(4) 

intro, 268.1(e)(5), 268.7(b)(3)(ii), 

268.9(a), 268.40(b), 270.42 Appendix I. 

8. In the entry for Checklist 126, add 

265.190(a); 265.314(c). 

9. In the entry for Checklist 135, add 

261.3(c)(2)(ii)(B). 

10. In the entry for Checklist 137, add 

264.1(g)(6), 265.1(c)(10), 266.23(a), 266 

Appendix XIII, 268.2(g) and (i). 

11. In the entry for Checklist 140, the 

citation ‘‘§ 261.3(a)(2)(iv)(G)’’ is 

corrected to read §§ 261.3(a)(2)(iv)(E)– 

(G)’’. 

12. In the entry for Checklist 142 B: 

Add: 261.6(a)(3)(ii), 268.1(f) intro and 

(f)(1), 270.1(c)(2)(viii) intro and 

(c)(2)(viii)(A). 

13. In the entry for Checklist 142 C, 

add 268.1(f)(2), 270.1(c)(2)(viii)(B). 

14. In the entry for Checklist 142 D, 

add 268.1(f)(3), 270.1(c)(2)(viii)(C) 

15. In the entry for Checklist 144, the 

citation ‘‘270.10(e)(4)’’ should be 

corrected to read ‘‘270.10(e)(5)’’. 

16. In the entry for Checklist 148: The 

citation ‘‘270.7(d)(f)’’ is corrected to read 

‘‘270.7(d)–(f)’’. 

17. In the entry for Checklist 151: 

• Add: 268.1(c)(3) intro through 

(c)(3)(ii), 268.1(c)(4), 268.1(e)(3), 

268.1(e)(4), 268.1(e)(5), 268.42/Table 1 

• The citation ‘‘268.(a)’’ is corrected to 

read ‘‘268.40(a)’’. 

18. In the entry for Checklist 154, 

154.1, 154.2, 154.3, 154.4, 154.5, and 

154.6, add 264.13(b)(6) and (b)(8), 

264.15(b)(4), 264.73(b)(3) and (b)(6), 

264.77(c), 264.179, 264.200, 264.232, 

264.1030(b), 264.1033(a)(2)(i)&(ii), 

264.1033(f)(2)(vi)(B), 264.1033(k) 

through (o), 264.1034(b) intro, 

264.1035(c)(9) and (10), 264.1035(d), 

264.1050(b), (c) and (f), 264.1055, 

264.1058(e), 264.1064(g)(6), 265.1(b), 

265.13(b)(6) and (b)(8), 265.15(b)(4), 

265.73(b)(3) and (b)(6), 265.77(d), 

265.178, 265.202, 265.231, 265.1030(b), 

265.1033(a)(2) intro, 

265.1033(f)(2)(vi)(B), 265.1033(j) intro, 

265.1033(j)(1) and (2), 265.1033(k) 

through (n), 265.1034(b) intro, 

265.1035(c)(3), 265.1034(c)(9) and 

(c)(10), 265.1035(d), 265.1050(b) and (e), 

265.1055, 265.1058(e), 265.1064(g)(6), 

265, Appendix VI. 

19. In the entry for Checklist 156, the 

entry ‘‘263.10(e) & (f)’’ is corrected to 

read ‘‘263.10(f) & (g)’’. 

20. In the entry for Checklist 157: 

• The citation ‘‘262.30(a)–(e)’’ is 

corrected to read ‘‘268.30(a)–(e)’’. 

• The citation ‘‘261.69(a)(3)(ii)’’ is 

corrected to read ‘‘261.6(a)(3)(ii)’’. 

21. In the entry for Checklist 163, add 

264.15(b)(4), 264.73(b)(6), 

264.1030(b)(3), (c) and (d), 264.1031 ‘‘in 

light liquid service’’, 264.1033(a)(2)(i) 

through (iv), 264.1050(b), (c) and (f), 

264.1060(a) and (b), 264.1062(b)(2) and 

(b)(3), 264.1064(g)(6) and (m), 

265.15(b)(4), 265.1030(b)(3), 

265.1030(d), 265.1033 (a)(2)(i)–(iv), 

265.1033(f)(2)(vi)(B), 265.1050(b)(3) and 

(e), 265.1060(a) and (b), 265.1064(g)(6) 

and (m), 265, Appendix VI; 270.14(b)(5). 

22. In the entry for Checklist 167 E, 

add 261.3(a)(2)(i), 261.4(b)(7). 

23. In the entry for Checklist 168: 

• The citation ‘‘261.4(a)(16)(iii)’’ is 

corrected to read ‘‘261.4(a)(16)’’. 

• Add 270.42(j), 270.42 Appendix I. 

24. In the entry for Checklist 169, add 

261.32(a), 261, Appendix VII, 268.35, 

268.40/Table. 

25. In the entry for Checklist 172, the 

citation ‘‘268.34(b)’’ is corrected to read 

‘‘268.34’’. 

26. In the entry for Checklist 174, add 

264.90(e) and (f), 264.110(c), 

264.112(b)(8), 264.112(c)(2)(iv), 

264.118(b)(4) and (d)(2)(iv), 264.140(d), 

265.90(f), 265.110(c)&(d), 265.112(b)(8) 

and (c)(1)(iv), 265.118(c)(4), (c)(5) and 

(d)(1)(iii), 265.121, 265.140(d), 270.1(c) 

introductory paragraph. 

27. In the entry for Checklist 175: 

• Add: 264.1(j) intro and (j)(1), 

264.73(b)(17), 264.554 intro and (a) 

intro, 265.1(b), 265.118(c)(4), 

265.118(c)(5), 265.118(d)(1)(iii), 

265.121, 265.140(d), 268.2(c), 268.50(g). 

• The citation ‘‘264.1(j)(4)–(17)’’ 

should be corrected to read 264.1(j)(4)– 

(13). 

28. In the entry for Checklist 177: Add 

264.1031 ‘‘equipment’’, 264.1031 ‘‘openended valve or line’’. 

29. In the entry for Checklist 179: 

• The citation ‘‘268.40(e)’’’ is 

corrected to read ‘‘268.40(i) and (j)’’, 

• Add 261.2(c)(3), 261.2(c)/Table I, 

261.2(e)(1)(iii), 261.4(b)(7)(iii). 

30. Add the following new entry to 

the Table: 

Federal citation State analog 

*******

81. Land Disposal Restrictions—Phase IV—Mineral 

Processing.

A.C.A. §§ 8–7–209(b), 8–7–205(1), 8–7–207, 8–7–209(a)(1), (5), (6), (7), (8), (10), & (12), 8–7–209(b)(5) & (6), 

8–7–210(b), 8–7–212, 8–7–213, 8–7–214 

Secondary Materials Exclusion, [63 FR 28556] May 

26, 1998. (Checklist 167 

D).

APC&EC Regulation 23 Regulation 23, §§ 261.2(c)(3), 261.2(c)/Table I, 261.2(e)(1)(iii), 261.4(a)(17), as amended 

February 25, 2000, effective May 20, 2000. 

B. Corrections to the August 15, 2007 

(72 FR 45663) Authorization Document 

1. In the entry for Checklist 185: 

• The citation ‘‘261.32(f)/Table’’ is 

corrected to read ‘‘261.33(f)/Table’’. 

• Add 261.32(a), 268.48(a)/Table 

UTS. 

2. In the entry for Checklist 190: 

• The citation ‘‘268.32(b)(i)–(ii)’’ is 

corrected to read ‘‘268.32(b)(1)(i)– 

(b)(2)(ii)’’. 

• Add 268.49(d), 268 Appendix III. 

3. In the entry for Checklist 192 B, the 

citation ‘‘Appendix VII/Table’’ is 

corrected to read ‘‘268 Appendix VII/ 

Table’’. 

4. In the entry for Checklist 195, add 

268.40/Table. 

5. In the entry for Checklist 197: 

• The citation ‘‘266.100(b)(20)(i)–(v)’’ 

is corrected to read ‘‘266.100(b)(2)(i)– 

(v)’’. 

• Add 270.22 intro. 

6. In the entry for Checklist 199, add 

261.24(a). 


erowe on DSK5CLS3C1PROD with RULES
36542 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

7. In the entry for Checklist 203, the 

citation ‘‘279.10(j)’’ is corrected to read 

‘‘279.10(i)’’. 

8. In the entry for Checklist 206, add 

the following note at the end of the 

entry: The State’s regulations effective 

March 23, 2006 erroneously omits the 

changes addressed by the February 24, 

2005 final rule. This error is corrected 

in the State’s June 2007 proposed 

rulemaking (APC&E Commission Docket 

#07–007–R). 

9. In the entry for Checklist 207, the 

citation ‘‘264.71(e)’’ is corrected to read 

‘‘264.71(f)’’. 

10. Add the following new entries to 

the Table: 

Description of Federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous State authority 

*******

26. Hazardous Air Pollutant Standards for Combustors (Checklist 

182).

64 FR 52828–53077, September 

30, 1999 as amended November 

19, 1999, at 64 FR 63209– 

63213.

Arkansas Code of 1987 Annotated (A.C.A.) as amended, effective August 2005. Arkansas Pollution Control and Ecology (APC&E) Regulation Number 23 (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘dioxins and furans (D/F)’’, 260.10 ‘‘TEQ’’, 261.38/ 

Table 1, 264.340(b)–(e), 264.601 intro, 265.340(b) & (c), 266.100(b) 

through (h), 266.101(c) intro and (c)(1), 266.105(c) and (d), 

266.112(b)(1) intro, 266.112(b)(2)(i), 266 Appendix VIII, 270.19 

intro, 270.19(e), 270.22 intro, 270.42 Appendix I, 270.62 intro and 

270.66 intro, as amended December 9, 2005 effective March 23, 

2006. 

27. Methods Innovation Rule and 

SW–846 Final Update IIIB 

(Checklist 208).

70 FR 34538–34592, June 14, 

2005, as amended August 1, 

2005; 70 FR 44150–44151.

Arkansas Code of 1987 Annotated (A.C.A.) as amended, effective August 2005. Arkansas Pollution Control and Ecology (APC&E) Regulation Number 23 (Hazardous Waste Management) (HWM) Sections 260.11, 261.3(a)(2)(v), 261.21(a)(1), 261.22(a)(1) & (2), 

261.35(b)(2)(iii)(A) & (B), 261.38(c)(7) intro, 261 Appendix I, 261 

Appendix IX, 264.190(a), 264.314(c), 264.1034(c)(1)(ii) and (iv), 

264.1034(d)(1)(iii) and (f), 264.1063(d)(2), 264 Appendix IX, 

265.190(a), 265.314(d), 265.1034(c)(1)(ii) and (iv), 

265.1034(d)(1)(iii) and (f), 265.1063(d)(2), 265.1081 ‘‘waste stabilization process’’, 265.1084, 266.100(d)(1)(ii), 266.100(g)(2), 

266.102(b)(1), 266.106(a), 266.112(b)(1) intro, 266.112(b)(2)(i), 266 

Appendix IX, 268.40(b), 268 Appendix IX, 270.19(c)(1)(iii) and (iv), 

270.22(a)(2)(ii)(B), 270.62(b)(2)(i)(C) and (D), 270.66(c)(2)(i) and 

(ii), 279.10(b)(1)(ii), 279.44(c) intro, 279.53(c) intro, and 279.63(c) 

intro, as amended December 9, 2005 effective March 23, 2006. 

11. Add the following text 

immediately after the Table: 

Note: Arkansas requirement at 268.42(b) is 

not part of the State’s authorized program. 

The requirement is not delegable to States. 

III. Incorporation-by-Reference 

A. What is codification? 

Codification is the process of placing 

a State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste management program 

into the Code of Federal Regulations 

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

amended, allows the Environmental 

Protection Agency (EPA) to authorize 

State hazardous waste management 

programs to operate in lieu of the 

Federal hazardous waste management 

regulatory program. The EPA codifies its 

authorization of State programs in 40 

CFR part 272 and incorporates by 

reference State statutes and regulations 

that the EPA will enforce under sections 

3007 and 3008 of RCRA and any other 

applicable statutory provisions. 

The incorporation by reference of 

State authorized programs in the CFR 

should substantially enhance the 

public’s ability to discern the current 

status of the authorized State program 

and State requirements that can be 

federally enforced. This effort provides 

clear notice to the public of the scope 

of the authorized program in each State. 

B. What is the history of 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) and August 21, 1995 

(60 FR 32112). In this action, EPA is 

revising subpart E of 40 CFR part 272 to 

include the recent authorization 

revision actions effective June 24, 2002 

(67 FR 20038), and October 15, 2007 (72 

FR 45663). 

C. What codification decisions have we 

made in this rule? 

The purpose of today’s 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 now 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 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36543 

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) Unauthorized amendments to 

authorized State provisions; and 

(3) New unauthorized State 

requirements. 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

part of the RCRA authorized program 

and 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 EPA; 

the State, however, may enforce such 

provisions under State law. 

Additionally, Arkansas’ hazardous 

waste regulations include amendments 

which have not been authorized by the 

EPA. Since the EPA cannot enforce a 

State’s requirements which have not 

been reviewed and authorized in 

accordance with RCRA section 3006 and 

40 CFR part 271, it is important to be 

precise in delineating the scope of a 

State’s authorized hazardous waste 

program. Regulatory provisions that 

have not been authorized by the EPA 

include amendments to previously 

authorized State regulations as well as 

new State requirements. State 

regulations that are not incorporated by 

reference in today’s 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 

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 

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 authorizes 

and incorporates 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 authorizes and 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 

authorizes and 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 


erowe on DSK5CLS3C1PROD with RULES
36544 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

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 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) 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 August 27, 2010. 

List of Subjects in 40 CFR Parts 271 and 

272 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation by 

reference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

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: May 5, 2010. 

Lawerence E. Starfield, 

Regional Administrator, Region 6. 

■ For the reasons set forth in the 

preamble, under the authority at 42 

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

is granting final authorization under 

part 271 to the State of Arkansas for 

revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act and is 

amending 40 CFR part 272 as follows. 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 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). 

Subpart E—[Amended] 

■ 2. Revise § 272.201 to read as follows: 

§ 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, and August 27, 2010. 

(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 or the 

Public Outreach Office, ADEQ, Post 

Office Box 8913, Little Rock, AR 72219– 

8913, Phone: (501) 682–0923. You may 

inspect a copy at EPA Region 6, 1445 

Ross Avenue, Dallas, Texas 75202 

(Phone number (214) 665–8533), or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(i) The Binder entitled ‘‘EPA 

Approved Arkansas Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated October 2007. 

(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.), 2005 Supplement, Title 8, 

Environmental Law, Chapter 7, 

Subchapter 2: Sections 8–7–204 (except 

8–7–204(e)(3)(B)), 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, 8–7–308. 

(vi) Remedial Action Trust Fund Act 

of 1985, as amended, Arkansas Code of 

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


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36545 

Replacement, Title 8, Environmental 

Law, Chapter 7, Subchapter 5: Sections 

8–7–505(3), 8–7–507, 8–7–511. 

(vii) Remedial Action Trust Fund Act 

of 1985, as amended, Arkansas Code of 

1987 Annotated (A.C.A.), 2005 

Supplement, Title 8, Environmental 

Law, Chapter 7, Subchapter 5: Sections 

8–7–503(6) and (7), 8–7–508, 8–7–512. 

(viii) Arkansas Freedom of 

Information Act (FOIA) of 1967, as 

amended, Arkansas Code of 1987 

Annotated (A.C.A.), 2005 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 December 9, 

2005, effective March 23, 2006, 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, June 12, 2000. 

(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 December 9, 

2005, effective March 23, 2006, Chapter 

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

263.10(e), 263.13, 264.71(e), 265.71(e); 

Chapter Three, Section 25. 

(4) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region VI and the State of 

Arkansas, signed by the Executive 

Director of the Arkansas Department of 

Environmental Quality (ADEQ) on 

November 3, 2000, and by the EPA 

Regional Administrator on April 5, 

2002, is referenced as part of the 

authorized hazardous waste 

management program under subtitle C 

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

(5) 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, and July 27, 2006 

are referenced as part of the authorized 

hazardous waste management program 

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

6921 et seq. 

(6) 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 Supplement, Title 8, Environmental 

Law, Chapter 10, Subchapter 3: Section 8– 

10–301(d). 

Copies of the Arkansas statutes that are 

incorporated by reference are available from 

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 

December 9, 2005, effective March 23, 2006. 

Please note that the 2006 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, dated 

January 21, 1996. Arkansas made subsequent 

changes to these provisions but these changes 

have not been authorized by EPA. The 

provisions from the January 21, 1996 

regulations are noted below. 

Chapter Two, Sections 3(b) introductory 

paragraph, 3(b)(2), 3(b)(4); Section 260— 

Hazardous Waste Management System— 

General—260.1, 260.3, 260.10 (except the 

definitions of ‘‘consolidation’’ and ‘‘mercurycontaining device,’’ and the phrase ‘‘a written 

permit issued by the Arkansas Highway and 

Transportation Department authorizing a 

person to transport hazardous waste 

(Hazardous Waste Transportation Permit), or’’ 

in the definition for ‘‘permit’’), 260.11 (except 

260.11(d)(2), (e)(2), (f)(2) and (g)(2)), 

260.20(a), and (b), 260.21, 260.23, 260.30 

through 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)(iii) and (e)), 261.4, 261.5, 

261.6 (except (a)(5)), 261.7 through 261.11, 

261.20 through 261.24, 261.30 through 

261.33, 261.35, 261.38, 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 262.20(e)), 

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 and 

Appendix I. 

Section 263—Standards Applicable to 

Transporters of Hazardous Waste 263.10 

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

263.20 (except 263.20(g)(4)), 263.21, 263.22, 

263.30 and 263.31. 

Section 264—Standards for Owners and 

Operators of Hazardous Waste Treatment, 

Storage, and Disposal Facilities—264.1 

(except 264.1(f) and 264.1(g)(7)), 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, 

264.74, 264.75 (except 264.75(g)), 264.75(g) 

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

1996), 264.76 (except 264.76(b)), 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 

except 264.147(g)(1)(ii)), 264.148, 264.151, 

264.170 through 264.174, 264.175 (except 

264.175(d)(2)), 264.176 through 264.179, 

264.190 through 264.200, 264.220 through 

264.223, 264.226 through 264.232, 264.250 

through 264.254, 264.256 through 264.259, 

264.270 through 264.273, 264.276, 264.278 

through 264.283, 264.300 through 264.304, 

264.309, 264.310, 264.312(a), 264.313, 

264.314 (except 264.314(a)(2) and (a)(3)), 

264.315, 264.316, 264.317, 264.340 through 

264.345, 264.347, 264.351, 264.550 through 

264.553, 264.554 (except 264.554(a)(2)), 

264.555, 264.570 through 264.575, 264.600 

through 264.603, 264.1030 through 264.1036, 

264.1050 (except 264.1050(g)), 264.1051 

through 264.1065, 264.1080 through 

264.1090, 264.1100, 264.1101, 264.1102, 

264.1200, 264.1201, 264.1202, Appendix I 

(except codes T78 and T79 in Table 2), and 

Appendices IV, V and IX. 

Section 265—Interim Status Standards For 

Owners And Operators Of Hazardous Waste 

Treatment, Storage, And Disposal Facilities— 

265.1 (except 265.1(c)(2) and (c)(4)), 265.4, 

265.10, 265.11, 265.12 (except 265.12(a)(2)), 


erowe on DSK5CLS3C1PROD with RULES
36546 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

265.13 through 265.19, 265.30 through 

265.35, 265.37, 265.50 through 265.56, 

265.70, 265.71 (except 265.71(a)(3), (d) and 

(e)), 265.72, 265.73, 265.74, 265.75 (except 

265.75(g)), 265.75(g) (January 21, 1996), 

265.75(h) (January 21, 1996), 265.76, 265.77, 

265.90 through 265.94, 265.110 through 

265.121, 265.140, 265.141 (except the 

definition of ‘‘captive insurance’’ at 

265.141(f)), 265.142, 265.143 (except the last 

sentence of 265.143(d)(1)), 265.144, 265.145, 

265.146, 265.147 (except the last sentences of 

265.147(a)(1) and 265.147(b)(1) and except 

265.147(g)(1)(ii)), 265.148, 265.170 through 

265.174, 265.176, 265.177, 265.178, 265.190 

through 265.202, 265.220 through 265.226, 

265.228 through 265.231, 265.250 through 

265.260, 265.270, 265.272, 265.273, 265.276, 

265.278 through 265.282, 265.300 through 

265.304, 265.309, 265.310, 265.312(a), 

265.313, 265.314 (except 265.314(a)(2) and 

(3)), 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 265.1050(f)), 

265.1051 through 265.1064, 265.1080 

through 265.1102, 265.1200, 265.1201, 

265.1202, Appendix I (except codes T78 and 

T79 in Table 2), 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 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 268—Land Disposal Restrictions— 

268.1 through 268.4, 268.7 (except 268.7 

(a)(2)(ii)), 268.9 (except 268.9(d)(2)(ii)), 

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, 270.2, 270.3 (except 

270.3(f), 270.4, 270.5, 270.6(a) (except the 

reference to SW–846)), 270.6(b), 270.7 

(except 270.7(h) and (j)), 270.10 (except 

270.10(e)(8) and (k)), 270.11 through 270.33, 

270.40 through 270.43, 270.50, 270.51, 

270.60 (except 270.60(a)), 270.61 through 

270.66, 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 and 270.235. 

Section 273—Standards for Universal 

Waste Management—273.1 through 273.4, 

273.5 (except 273.5(b)(3)), 273.6, 273.8 

through 273.20, 273.30 through 273.40, 

273.50 through 273.56, 273.60, 273.61, 

273.62, 273.70, 273.80, 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 or the Public Outreach 

Office, ADEQ, Post Office Box 8913, Little 

Rock, AR 72219–8913, Phone (501) 682– 

0923. 

* * * * * 

[FR Doc. 2010–15332 Filed 6–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R06–2009–0567; FRL–9162–7] 

Oklahoma: Incorporation by Reference 

of Approved State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: 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 Oklahoma’s hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s statutes and 

regulations. 

DATES: This regulation is effective 

August 27, 2010, unless the EPA 

receives adverse written comment on 

this regulation by the close of business 

July 28, 2010. If the EPA receives such 

comments, it will publish a timely 

withdrawal of this immediate final rule 

in the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves this incorporation by reference 

as of August 27, 2010, 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. E-mail: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, 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, 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–2009– 

0567. 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 e-mail. 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 e-mail 

comment directly to the EPA without 

going through http:// 

www.regulations.gov, your e-mail 

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.spa.gov/epahome/ 

dockets.htm.) 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

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

p.m. Monday through Friday at the 


erowe on DSK5CLS3C1PROD with RULES