Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4961 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 29, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 4, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

Editorial Note: This document was 

received for publication by the Office of 

Federal Register on January 14, 2016. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart TT—Utah 

■ 2. Section 52.2320 is amended by 

adding paragraph (c)(81) to read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(81) On February 25, 2013, August 5, 

2013, and March 5, 2014, the Governor 

submitted revisions to the Utah State 

Implementation Plan (SIP) rules. The 

February 25, 2013 submittal renumbers 

Interstate Transport to R307–110–37. 

The August 5, 2013 SIP revisions give 

the Director of the Division of Air 

Quality the authority to make regulatory 

decisions that were previously made by 

either the Air Quality Board or the 

Executive Secretary of the Air Quality 

Board. The March 5, 2014 submittal 

establishes a 30-day public comment 

period for the public notice and 

comment period for all actions for new 

or modified sources. EPA is approving 

these revisions. 

(i) Incorporation by reference. 

(A) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–110, General 

Requirements: State Implementation 

Plan, R307–110–37, Section XXIII, 

Interstate Transport; effective December 

6, 2012, as proposed in the Utah State 

Bulletin on October 1, 2012, and 

published as effective in the Utah State 

Bulletin on January 1, 2013. 

(B) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–401, Permit: 

New and Modified Sources, R307–401– 

7, Public Notice; effective October 3, 

2013, as proposed in the Utah State 

Bulletin on August 1, 2013, and 

published as effective in the Utah State 

Bulletin on November 1, 2013. 

(C) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–101, General 

Requirements; effective November 8, 

2012, as proposed in the Utah State 

Bulletin on September 1, 2012, and 

published as effective in the Utah State 

Bulletin on December 1, 2012. 

(D) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–102, General 

Requirements: Broadly Applicable 

Requirements; effective November 8, 

2012, as proposed in the Utah State 

Bulletin on September 1, 2012, and 

published as effective in the Utah State 

Bulletin on December 1, 2012. 

(E) Title R307 of the Utah 

Administrative Code, Environmental 

Quality, Air Quality, R307–307, Davis, 

Salt Lake, and Utah Counties: Road 

Salting and Sanding; effective 

November 8, 2012, as proposed in the 

Utah State Bulletin on September 1, 

2012, and published as effective in the 

Utah State Bulletin on December 1, 

2012. 

[FR Doc. 2016–01022 Filed 1–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–2015–2015–0661; FRL–9940–27– 

Region 6] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of Approved 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 two 

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 


jstallworth on DSK7TPTVN1PROD with RULES
4962 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 

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 

March 29, 2016, unless the EPA receives 

adverse written comment on this 

regulation by the close of business 

February 29, 2016. 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 March 29, 2016 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: 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 

codification and associated publicly 

available materials from 8:30 a.m. to 

4:00 p.m. Monday through Friday at the 

following location: EPA Region 6, 1445 

Ross Avenue, Dallas, Texas, 75202– 

2733, phone number (214) 665–8533 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 or (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 

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 this 

direct final action are already effective 

and are not changed by this action. 

D. Why wasn’t there a proposed rule 

before this rule? 

The EPA did not publish a proposal 

before this rule because we view this as 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4963 

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 the authorization of the Stateinitiated changes in this codification 

document, we will withdraw this rule 

by publishing a timely document in the 

Federal Register before the rule 

becomes effective. The EPA will base 

any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. If you want to comment on 

this authorization, you must do so at 

this time. If we receive comments that 

oppose only the authorization of a 

particular change to the State hazardous 

waste program we may withdraw only 

that part of this rule, but the 

authorization of the program changes 

that the comments do not oppose will 

become effective on the date specified 

above. The Federal Register withdrawal 

document will specify which part of the 

authorization of the State program will 

become effective and which part is 

being withdrawn. 

In addition to the authorizing of the 

rules described above in this document. 

The purpose of this Federal Register 

document is to codify Arkansas’ base 

hazardous waste management program 

and its revisions to that program. The 

EPA has already provided notices and 

opportunity for comments on the 

Agency’s decisions to 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 documents specified in 

Section I.F of this document. 

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, as amended 

June 28, 2010 (75 FR 36538); August 15, 

2007 (72 FR 45663), effective October 

15, 2007, as amended June 28, 2010 (75 

FR 36538); June 28, 2010 (75 FR 36538), 

effective August 27, 2010; August 10, 

2012 (77 FR 47779), effective October 9, 

2012; October 2, 2014 (79 FR 59438), 

effective December 1, 2014; and October 

31, 2014, 79 FR 64678, effective 

December 30, 2014. 

G. What changes are we authorizing 

with this action? 

The State has made amendments to 

Arkansas Regulation No. 23 Sections 

264.1030(c) and 265.142(a) introductory 

paragraph, analogous to 40 CFR 

264.1030(c) and 265.142(a) introductory 

paragraph, respectively. 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 

provisions are analogous to the 

indicated RCRA regulations found at 40 

CFR as of July 1, 2011. The Arkansas 

provisions are from the Arkansas 

Pollution Control and Ecology 

Commission Regulation No. 23, 

Hazardous Waste Management, adopted 

on June 22, 2012, effective August 12, 

2012. 

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. 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 codification of 

Arkansas’ hazardous waste 

management program? 

The EPA incorporated by reference 

Arkansas’ then authorized hazardous 

waste program effective December 13, 

1993 (58 FR 52674), August 21, 1995 (60 

FR 32112), August 27, 2010 (75 FR 

36538) and December 1, 2014 (79 FR 

59438). Note: At 79 FR 59443, the State 

agency acronym should be referenced as 

‘‘(ADEQ)’’ with regard to the State’s 

Memorandum of Agreement with the 

EPA. 

In this document, the EPA is revising 

subpart E of 40 CFR part 272 to include 

the authorization revision action 

effective December 30, 2014 (79 FR 

64678). 

C. What codification decisions have we 

made in this rule? 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Arkansas rules described in the 

amendments to 40 CFR part 272 set 

forth below. The EPA has made, and 

will continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

The purpose of this Federal Register 

document is to codify Arkansas’ base 

hazardous waste management program 

and its revisions to that program. The 

document incorporates by reference 

Arkansas’ hazardous waste statutes and 

regulations and clarifies which of these 

provisions are included in the 


jstallworth on DSK7TPTVN1PROD with RULES
4964 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 

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 management program in subpart E 

of 40 CFR part 272. Section 272.201 

incorporates by reference Arkansas’ 

authorized hazardous waste statutes and 

regulations. Section 272.201 also 

references the statutory provisions 

(including procedural and enforcement 

provisions) which provide the legal 

basis for the State’s implementation of 

the hazardous waste management 

program, the Memorandum of 

Agreement, the Attorney General’s 

Statements and the Program 

Description, which are approved as part 

of the hazardous waste management 

program under Subtitle C of RCRA. 

D. What is the effect of Arkansas’ 

codification on enforcement? 

The EPA retains its authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013 and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in authorized 

States. With respect to these actions, the 

EPA will rely on Federal sanctions, 

Federal inspection authorities, and 

Federal procedures rather than any 

authorized State analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved Arkansas 

procedural and enforcement authorities. 

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

statutory 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 adopted by Arkansas 

but for which the State is not 

authorized; 

(3) Unauthorized amendments to 

authorized State provisions; 

(4) New unauthorized State 

requirements; 

(5) A Federal program which has 

since been withdrawn by the U.S. EPA; 

and 

(6) Federal rules for which Arkansas 

is authorized but which were vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 08–1144, June 27, 2014). 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

part of the RCRA authorized program 

and the EPA will not enforce them. 

Therefore, they are not incorporated by 

reference in 40 CFR part 272. For 

reference and clarity, 40 CFR 

272.201(c)(3) lists the Arkansas 

regulatory provisions which are 

‘‘broader in scope’’ than the Federal 

program and which are not part of the 

authorized program being incorporated 

by reference. ‘‘Broader in scope’’ 

provisions cannot be enforced by the 

EPA; the State, however, may enforce 

such provisions under State law. 

Additionally, Arkansas’ hazardous 

waste regulations include amendments 

which have not been authorized by the 

EPA. Since the EPA cannot enforce a 

State’s requirements which have not 

been reviewed and authorized in 

accordance with RCRA section 3006 and 

40 CFR part 271, it is important to be 

precise in delineating the scope of a 

State’s authorized hazardous waste 

program. Regulatory provisions that 

have not been authorized by the EPA 

include amendments to previously 

authorized State regulations as well as 

certain Federal rules and new State 

requirements. 

Arkansas has adopted but is not 

authorized for the following Federal 

rules published in the Federal Register 

on July 15, 1985 (50 FR 28702; 

amendments to 40 CFR 260.22 only); 

April 12, 1996 (61 FR 16290); October 

4, 2005 (70 FR 57769); April 4, 2006 (71 

FR 16862); July 14, 2006 (71 FR 40254); 

and January 8, 2010 (75 FR 1236). 

Therefore, these Federal amendments 

included in Arkansas’ regulations, are 

not part of the State’s authorized 

program and are not part of the 

incorporation by reference addressed by 

this Federal Register document. 

Arkansas adopted and was authorized 

for the following Federal Performance 

Track program, which has since been 

terminated by the U.S. EPA: published 

in the Federal Register on April 22, 

2004 (69 FR 21737), as amended 

October 25, 2004 (69 FR 62217). 

Arkansas has also adopted but is not 

authorized for the April 4, 2006 (71 FR 

16862) Burden Reduction Initiative 

amendments to the following provisions 

regarding Performance Track: 40 CFR 

260.10, 265.15, 265.174, 265.195, 

265.201, 265.1101, 270.42(l) and Item 

O.1 of appendix I to § 270.42. 

Arkansas has adopted and was 

authorized for the following Federal 

rules which have since been vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 08–1144, respectively; June 

27, 2014): (1) The Comparable Fuels 

Exclusion at 40 CFR 261.4(a)(16) and 

261.38 published in the Federal 

Register on June 19, 1998 (63 FR 33782), 

as amended on June 15, 2010 (75 FR 

33712); and (2) the Gasification 

Exclusion Rule published on January 2, 

2008 (73 FR 57). 

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)(2) (‘‘legal 

basis for the State’s implementation of 

the hazardous waste management 

program’’), 40 CFR 272.201(c)(3) 

(‘‘broader in scope’’) or 40 CFR 

272.201(c)(4) (‘‘unauthorized state 

amendments’’), are considered new 

unauthorized State requirements. These 

requirements are not Federally 

enforceable. 

With respect to any requirement 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) for 

which the State has not yet been 

authorized, the EPA will continue to 

enforce the Federal HSWA standards 

until the State is authorized for these 

provisions. 

F. What will be the effect of federal 

HSWA requirements on the 

codification? 

The EPA is not amending 40 CFR part 

272 to include HSWA requirements and 

prohibitions that are implemented by 

the EPA. Section 3006(g) of RCRA 

provides that any HSWA requirement or 

prohibition (including implementing 

regulations) takes effect in authorized 

and not authorized States at the same 

time. A HSWA requirement or 

prohibition supersedes any less 

stringent or inconsistent State provision 

which may have been previously 

authorized by the EPA (50 FR 28702, 

July 15, 1985). The EPA has the 

authority to implement HSWA 

requirements in all States, including 

authorized States, until the States 

become authorized for such requirement 

or prohibition. Authorized States are 

required to revise their programs to 

adopt the HSWA requirements and 

prohibitions, and then to seek 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4965 

authorization for those revisions 

pursuant to 40 CFR part 271. 

Instead of amending 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 

incorporates by reference Arkansas’ 

authorized hazardous waste 

management regulations and imposes 

no additional requirements beyond 

those imposed by State law. 

Accordingly, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule merely incorporates by reference 

certain existing State hazardous waste 

management program requirements 

which the EPA already approved under 

40 CFR part 271, and with which 

regulated entities must already comply, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 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 

authorized 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 rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

The requirements being codified are 

the result of Arkansas’ voluntary 

participation in the EPA’s State program 

authorization process under RCRA 

Subtitle C. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. As required by section 3 of 

Executive Order 12988 (61 FR 4729, 

February 7, 1996), in issuing this rule, 

the EPA has taken the necessary steps 

to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. The EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 272 

Hazardous materials transportation, 

Hazardous waste, Incorporation by 

reference, Intergovernmental relations, 

Water pollution control, Water supply. 

Authority: This rule is issued under the 

authority of Sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: November 16, 2015. 

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), 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, as amended, 42 U.S.C. 6912(a), 

6926, and 6974(b). 

■ 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; August 27, 2010; 

October 9, 2012, December 1, 2014, 

December 30, 2014 and March 29, 2016. 

(b) The State of Arkansas has primary 

responsibility for enforcing its 

hazardous waste management program. 

However, EPA retains the authority to 


jstallworth on DSK7TPTVN1PROD with RULES
4966 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 

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. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

of the Arkansas statutes that are 

incorporated by reference 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, 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 ‘‘EPAApproved Arkansas Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated December 2014. 

(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.), 2011 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.), 2011 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.), 2011 Replacement, Title 8, 

Environmental Law, Chapter 7, 

Subchapter 2: Sections 8–7–204 (except 

8–7–204(e)(3)(B)), 8–7–205 through 8– 

7–214, 8–7–217, 8–7–218, 8–7–220, 8– 

7–222, 8–7–224, 8–7–225(b) through 8– 

7–225(d), and 8–7–227. 

(iv) Arkansas Resource Reclamation 

Act of 1979, as amended, Arkansas Code 

of 1987 Annotated (A.C.A.), 2011 

Replacement, Title 8, Environmental 

Law, Chapter 7, Subchapter 3: Sections 

8–7–302(3), 8–7–303 and 8–7–308. 

(v) Remedial Action Trust Fund Act 

of 1985, as amended, Arkansas Code of 

1987 Annotated (A.C.A.), 2011 

Replacement, Title 8, Environmental 

Law, Chapter 7, Subchapter 5: Sections 

8–7–503(6) and (7), 8–7–505(3), 8–7– 

507, 8–7–508, 8–7–511 and 8–7–512. 

(vi) Arkansas Freedom of Information 

Act (FOIA) of 1967, as amended, 

Arkansas Code of 1987 Annotated 

(A.C.A.), 2011 Replacement, Title 25, 

State Government, Chapter 19: Sections 

25–19–103(1), 25–19–105, 25–19–107. 

(vii) Arkansas Pollution Control and 

Ecology (APC&E) Commission 

Regulation No. 23, Hazardous Waste 

Management, as amended June 22, 2012, 

effective August 12, 2012, 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, 21 and 22; Chapter Five, 

Section 28. 

(viii) Arkansas Pollution Control and 

Ecology (APC&E) Commission, 

Regulation No. 7, Civil Penalties, July 

24, 1992. 

(ix) 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.), 2011 

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 June 22, 2012, 

effective August 12, 2012, 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. (i) Arkansas has 

partially or fully adopted, but is not 

authorized to implement, the Federal 

rules that are listed in the table in this 

paragraph (c)(4)(i). 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. 

Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (‘‘Headworks exemptions’’) 

(Non-HSWA) (Checklist 211).

70 FR 57769 October 4, 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 Non-HSWA) (Checklist 214) .......... 71 FR 40254 July 14, 2006. 

(ii) The Federal rules listed in the 

table in this paragraph (c)(4)(ii) are not 

delegable to States. Arkansas has 

adopted these provisions and left the 

authority to the EPA for implementation 

and enforcement. 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4967 

Federal requirement 

Federal 

Register 

reference 

Publication date 

Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA) (Checklist 

152).

61 FR 16290 April 12, 1996. 

OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222) ......... 75 FR 1236 January 8, 2010.

(5) Terminated Federal program. 

Arkansas adopted and was authorized 

for the following Federal program as 

amended, which has since been 

terminated by the U.S. EPA. In addition, 

Arkansas has adopted and is not 

authorized for the April 4, 2006 Burden 

Reduction Initiative (71 FR 16862; 

Checklist 213) amendments to these 

provisions affecting the Performance 

Track program: 40 CFR 260.10, 265.15, 

265.174, 265.195, 265.201, 265.1101, 

270.42(l) and Item O.1 of appendix I to 

§ 270.42. 

Federal requirement 

Federal 

Register 

reference 

Publication date 

National Environmental Performance Track Program (Checklist 204) ........................................................... 69 FR 21737 April 22, 2004. 

National Environmental Performance Track Program; Corrections (Rule 204.1) .......................................... 69 FR 62217 October 25, 2004. 

(6) Vacated Federal rules. Arkansas 

adopted and was authorized for the 

following Federal rules which have 

since been vacated by the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Cir. No. 98–1379 and 08– 

1144, respectively; June 27, 2014): 

Federal requirement 

Federal 

Register 

reference 

Publication date 

Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—40 CFR 261.4(a)(16) and 

261.38 only).

63 FR 33782 June 19, 1998. 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis 

Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and amendment to 40 CFR 

261.4(a)(12)(i)).

73 FR 57 January 2, 2008. 

Expansion of RCRA Comparable Fuel Exclusion (Checklist 221—amendments to 40 CFR 261.4(a)(16) 

and 261.38).

73 FR 77954 December 19, 

2008. 

(7) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region VI and the State of 

Arkansas, signed by the Executive 

Director of the Arkansas Department of 

Environmental Quality (ADEQ) on June 

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. 

(8) Statement of legal authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of Arkansas on July 9, 1984 and 

revisions, supplements, and addenda to 

that Statement dated September 24, 

1987, February 24, 1989, December 11, 

1990, May 7, 1992 and by the 

Independent Legal Counsel on May 10, 

1994, February 2, 1996, March 3, 1997, 

July 31, 1997, December 1, 1997, 

December 12, 2001, July 27, 2006, 

December 12, 2010 and October 1, 2012 

are referenced as part of the authorized 

hazardous waste management program 

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

6921 et seq. 

(9) 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 is amended 

by revising the listing for ‘‘Arkansas’’ to 

read as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

Arkansas 

The statutory provisions include: 

Arkansas Hazardous Waste Management 

Act of 1979, as amended, Arkansas Code of 

1987 Annotated (A.C.A.), 2011 Replacement, 

Title 8, Environmental Law, Chapter 7, 

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

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

and 8–7–225(a). 

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

2011 Replacement, 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 

June 22, 2012, effective August 12, 2012. 

Please note that the 2012 APC&E 

Commission Regulation No. 23, is the most 

recent version of the Arkansas authorized 

hazardous waste regulations. For a few 

provisions, the authorized versions are found 

in the APC&E Commission Regulation 23, 

effective January 21, 1996, March 23, 2006 or 

June 13, 2010. Arkansas made subsequent 

changes to these provisions but these changes 

have not been authorized by EPA. The 

provisions from the January 21, 1996, March 

23, 2006 or June 13, 2010 regulations are 

noted below. 

Chapter Two, Sections 3(b) introductory 

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

Hazardous Waste Management System— 

General—260.1; 260.3; 260.10 (except the 

definitions of ‘‘consolidation’’, 

‘‘gasification’’, ‘‘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’’) 260.11 (except reserved 

provisions); 260.20 (except 260.20(c) through 

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


jstallworth on DSK7TPTVN1PROD with RULES
4968 Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 

260.31(b) introductory paragraph; 260.31 

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

260.32; 260.33; 260.40; and 260.41. 

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), 

261.4(a)(12)(i), and 261.4(a)(16)); 

261.4(a)(9)(iii) (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; 

261.10; 261.11; 261.20 through 261.24; 

261.30 through 261.33; 261.35; 261.39, 

261.40, 261.41, 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 262.33; 262.34 (except 262.34(j)–(l)); 

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 reserved provisions); 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 

(except 264.73(b)(18) and (b)(19)); 264.74; 

264.75 (except first occurrence of 264.75(a) 

through (d) and 264.75(g)); 264.75(g) (January 

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

264.76(a); 264.77; 264.90 through 264.101; 

264.110 through 264.120; 264.140; 264.141 

(except the definition of ‘‘captive insurance’’ 

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

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

264.145 (except the last sentence of 

264.145(e)(1)); 264.146; 264.147 (except the 

last sentences of 264.147(a)(1)(i) and 

264.147(b)(1)(ii) 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 (except 

264.314(a)(2) and (a)(3)) (June 13, 2010); 

264.315; 264.316 (except 264.316(b)); 

264.316(b) (June 13, 2010); 264.317; 264.340 

through 264.345; 264.347 (March 23, 2006); 

264.351; 264.550, 264.551; 264.552 (except 

264.552 (a)(3)(ii)–(iv)); 264.552 (a)(3)(ii)–(iv) 

(June 13, 2010); 264.553 through 264.555 

(except reserved provision); 264.570 through 

264.575; 264.600 through 264.603; 264.1030 

through 264.1036; 264.1050 through 

264.1061(except reserved provision); 

264.1062 (June 13, 2010); 264.1063 through 

264.1065; 264.1080 through 264.1090; 

264.1100 through 264.1102; 264.1200; 

264.1201; 264.1202; Appendix I; 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)(4) and reserved 

provisions); 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(i)); 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) and (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 

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) 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 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 and 265.224 (March 

23, 2006); 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 ‘‘Arkansas-registered 

professional engineer’’ in 265.180(e)); 

265.281; 265.282; 265.300; 265.301(a) (March 

23, 2006); 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(a) 

(except 265.314(a)(2) and (a)(3)) (March 23, 

2006); 265.314(b) (except the last sentence) 

(March 23, 2006); 265.314(c) through (g) 

(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 (except reserved 

provision); 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 (c)(2) and the phrase 

‘‘, except for Performance Track . . . 

director’’ and the last sentence in 

265.1101(c)(4)); 265.1101 (c)(2) (March 23, 

2006); 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 

(except items 6 and 7 to the 266.80(a) table); 

266.100; 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; 268.2 through 268.4, 268.7(a) (except 

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

268.7(a)(1) (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; and 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 

reserved provision); 270.4; 270.5; 270.6; 

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

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

270.40; 270.41; 270.42 (except 270.42(l)); 

270.42 Appendix I (except entry at item O); 

270.43; 270.50; 270.51; 270.60 (except 

reserved provision); 270.61 through 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; 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 through 273.4; 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 19 / Friday, January 29, 2016 / Rules and Regulations 4969 

1See Incentive Auction R&O. This Commencing 

Operations R&O only addresses the requirements 

relating to secondary and unlicensed users vacating 

the 600 MHz Band where 600 MHz Band wireless 

licensees commence operations. Secondary and 

unlicensed users also may be required to vacate 

portions of the 600 MHz Band to the extent the 

auction system assigns a television station to a 

channel in the 600 MHz Band. See Broadcast 

Incentive Auction Scheduled to Begin March 29, 

2016; Procedures for Competitive Bidding in 

Auction 1000, Including Initial Clearing Target 

Determination, Qualifying to Bid, and Bidding in 

Auctions 1001 (Reverse) and 1002 (Forward), 80 FR 

61918, Oct. 14, 2014. 

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

through 273.20; 273.30 through 273.40; 

273.50 through 273.56; 273.60; 273.61; 

273.62; 273.70 (except 273.70 (d)); 273.80; 

and 273.81. 

Section 279—Standards for the 

Management of Used Oil—279.1; 279.10; 

279.11; 279.12; 279.20 through 279.24; 

279.30; 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. 2016–01657 Filed 1–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15, 27, 73, and 74 

[GN Docket No. 12–268, FCC 15–140] 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(‘‘Commission’’ or ‘‘FCC’’) defines when 

and in what areas 600 MHz Band 

wireless licensees will be deemed to 

‘‘commence operations’’ for the purpose 

of establishing when secondary and 

unlicensed users must cease operations 

and vacate the 600 MHz Band. 

DATES: The rules will become effective 

February 29, 2016, except for 

§§ 15.713(b)(2)(iv), 15.713(j)(10) 

introductory text, 15.715(n), and 

73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), 

and (g)(4)(v), which contain new or 

modified information collection 

requirements that require approval by 

the Office of Management and Budget 

under the Paperwork Reduction Act. 

The Commission will publish a 

document in the Federal Register 

announcing the effective date for those 

rules. 

FOR FURTHER INFORMATION CONTACT: Paul 

Malmud of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–0006 

or paul.malmud@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of Expanding the Economic 

and Innovation Opportunities of 

Spectrum Through Incentive Auctions, 

GN Docket No. 12–268, FCC 15–140, 

adopted October 21, 2015 

(‘‘Commencing Operations R&O’’). 

§§ 15.713(b)(2)(iv), 15.713(j)(10) 

introductory text, 15.715(n), and 

73.3700(g)(4)(i), (g)(4)(ii)(B), (g)(4)(iii), 

and (g)(4)(v) of the rules contain 

previously adopted new or modified 

information collection requirements that 

the Commission previously stated 

would require approval by the Office of 

Management and Budget under the 

Paperwork Reduction Act. 79 FR 48539 

(Aug. 15, 2014); and 80 FR 73070 (Nov. 

23, 2015). The Commission will publish 

a notice in the Federal Register 

announcing the effective date for these 

rules, which will be different than the 

notice for the other adopted rules. The 

complete text of this document is 

available for public inspection and 

copying from 8:00 a.m. to 4:30 p.m. 

Eastern Time (ET) Monday through 

Thursday or from 8:00 a.m. to 11:30 a.m. 

ET on Fridays in the FCC Reference 

Information Center, 445 12th Street SW., 

Room CY–A257, Washington, DC 

200554. It is also available on the 

Commission’s Web site at http://

wireless.fcc.gov, or by using the search 

function on the ECFS Web page at 

http://www.fcc.gov/cgb/ecfs/. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or 

telephone the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 18–0432 (TTY). 

Supplemental Final Regulatory 

Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(‘‘RFA’’), an Initial Regulatory 

Flexibility Analysis (‘‘IRFA’’) was 

incorporated in the Expanding the 

Economic and Innovation Opportunities 

of Spectrum Through Incentive 

Auctions 77 FR 69934, Nov. 21, 2012 

(‘‘Incentive Auction NPRM’’). The 

Commission sought written public 

comment on the proposals in the 

Incentive Auction NPRM, including 

comment on the IRFA. The Commission 

subsequently incorporated a Final 

Regulatory Flexibility Analysis 

(‘‘FRFA’’) in Expanding the Economic 

and Innovation Opportunities of 

Spectrum Through Incentive Auctions 

79 FR 48442, (Aug. 15, 2014) (‘‘Incentive 

Auction R&O’’).This Supplemental 

FRFA conforms to the RFA and 

incorporates by reference the FRFA in 

the Incentive Auction R&O. It reflects 

changes to the Commission’s rules 

arising from defining ‘‘commence 

operations’’ in this Commencing 

Operations R&O. 

Report to Small Business 

Administration 

The Commission will send a copy of 

this Commencing Operations R&O, 

including this Supplemental FRFA, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

Paperwork Reduction Act 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. 

Congressional Review Act 

The Commission will send a copy of 

the Commencing Operations R&O, 

including this Supplemental FRFA, in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. A copy of the Commencing 

Operations R&O and Supplemental 

FRFA (or summaries thereof) will also 

be published in the Federal Register. 

I. Introduction 

1. In the Incentive Auction R&O, the 

Commission adopted transition rules 

that permit low power television and 

TV translator (‘‘LPTV’’) stations, fixed 

broadcast auxiliary service operations 

(‘‘BAS’’), and unlicensed white space 

devices (hereinafter, collectively, 

‘‘secondary and unlicensed users’’) to 

continue operating in the 600 MHz 

Band, under specified conditions, after 

the spectrum has been licensed to new 

600 MHz Band wireless licensees. The 

secondary and unlicensed users must 

vacate the band once the wireless 

licensee ‘‘commences operations’’ in its 

licensed 600 MHz spectrum, or on a 

date certain.1 In this Commencing 

Operations R&O, the Commission 

defines when and in what areas 600 

MHz Band wireless licensees will be 

deemed to ‘‘commence operations’’ for 

the purpose of establishing when the 

secondary and unlicensed users must 

cease operations and vacate the 600 

MHz Band in those areas. Specifically, 


jstallworth on DSK7TPTVN1PROD with RULES