Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Rules and Regulations 47779 

[FR Doc. 2012–19688 Filed 8–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2010–0307; FRL–9713–3] 

Arkansas: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Arkansas has applied to the 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Arkansas’ changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This Final authorization will 

become effective on October 9, 2012 

unless the EPA receives adverse written 

comment by September 10, 2012. If the 

EPA receives such comment, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Email: 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: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. You can view and 

copy Arkansas’ application and 

associated publicly available materials 

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

through Friday at the following 

locations: Arkansas Department of 

Environmental Quality, 8101 Interstate 

30, Little Rock, Arkansas 72219–8913, 

(501) 682–0876, and EPA, Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733, phone number (214) 665–8533. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, (214) 

665–8533, EPA Region 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

Email address patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 267, 268, 270, 

273, and 279. 

B. What decisions have we made in this 

rule? 

We conclude that Arkansas’ 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Arkansas 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Arkansas has responsibility 

for permitting treatment, storage, and 

disposal facilities within its borders 

(except in Indian Country) and for 

carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Arkansas including issuing permits, 

until the State is granted authorization 

to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in Arkansas subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Arkansas 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 


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47780 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Rules and Regulations 

regulations for which Arkansas is being 

authorized by today’s action are already 

effective under State law, and are not 

changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s 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 the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified in this document. The 

Federal Register withdrawal document 

will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. For what has Arkansas previously 

been authorized? 

Arkansas initially received final 

authorization on January 25, 1985, (50 

FR 1513, January 11, 1985) to 

implement its Base Hazardous Waste 

Management program. Arkansas 

received authorization for revisions to 

its program on January 11, 1985 (50 FR 

1513), effective January 25, 1985; March 

27, 1990 (55 FR 11192) effective May 29, 

1990; September 18, 1991 (56 FR 47153) 

effective November 18, 1991; October 5, 

1992 (57 FR 45721) effective December 

4, 1992; October 7, 1994 (59 FR 51115) 

effective December 21, 1994, April 24, 

2002 (67 FR 20038) effective June 24, 

2002 and August 15, 2007 (72 FR 45663) 

effective October 15, 2007. The 

authorized Arkansas RCRA program was 

incorporated by reference into the Code 

of Federal Regulations effective 

December 13, 1993 (58 FR 52674) and 

also June 28, 2010 (75 FR 36538) 

effective August 27, 2010. On December 

10, 2010, Arkansas submitted a final 

complete program revision application 

seeking authorization of its program 

revision in accordance with 40 CFR 

271.21. 

On April 1994, Arkansas Department 

of Pollution Control and Ecology 

(ADPC&E), revised its Regulation 

Number 23 from one of ‘‘incorporation 

by reference’’ to the adoption and 

incorporation of a version of the full text 

of the Federal regulatory language. The 

specific authorities provided are 

contained in statutes and regulations 

lawfully adopted at the time the 

Independent Counsel signed the 

certification which are in effect now. 

The statutory authorities for the State 

are documented in the Arkansas RCRA 

Statutory Checklist, dated August 2006. 

Any differences between the State’s 

provisions and the Federal provisions 

are noted on the individual revision 

Checklists. The official State regulations 

may be found in Arkansas Pollution 

Control and Ecology Commission 

Regulation Number 23 (Hazardous 

Waste Management), adopted on April 

25, 2008 and April 23, 2010 effective 

May 26, 2008 and June 13, 2010 

respectfully. The provisions for which 

the State is seeking authorization are 

documented in this Federal Register 

document. 

The provisions for which the State is 

seeking authorization are documented 

in the Rule Revision Checklists 210, 

217, 218 and 220, which are portions of 

RCRA Clusters XV through XIX. 

Reference to Arkansas Code Annotate 

(A.C.A) of 1987, Annotated, as amended 

August 2007. Reference to Arkansas 

Pollution Control and Ecology 

Commission (APC&EC) Regulations 

Number 23, (Hazardous Waste 

Management) (formerly titled the 

Arkansas Hazardous Waste Management 

Code), last amended on April 25, 2008 

and April 23, 2010, to adopt all final 

rules promulgated by EPA through June 

30, 2009, and which became effective on 

May 26, 2008 and June 13, 2010. Dates 

of enactment and adoption for other 

statutes or regulations are given when 

cited. 

What changes are we approving with 

today’s action? 

On December 10, 2010, the State of 

Arkansas submitted a final complete 

program application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that the State of 

Arkansas’ hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for final 

authorization. The State of Arkansas 

revisions consist of regulations which 

specifically govern Federal Hazardous 

Waste revisions promulgated from June 

14, 2005 through December 1, 2008 and 

through June 30, 2009. The Checklists in 

these rules are 210, 217, 218 and 220, 

which are portions of RCRA Clusters XV 

through XIX are in a chart with this 

document. 

Description of Federal 

requirement 

(include checklist number, 

if relevant) 

Federal 

Register date 

and page 

(and/or RCRA 

statutory 

authority) 

Analogous state authority 

1. Standardized permit for 

RCRA Hazardous Waste 

Management Facilities. 

(Checklist 210).

70 FR 53420– 

53478, September 8, 

2005.

Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas 

Pollution Control and Ecology (APC&E) Regulation Number 23, (Hazardous Waste Management) (HWM) Sections 260.10 ‘‘Facility’’, 260.11(c)(1), 260.11(c)(3)(xxvii), 

260.11(d)(1), 261.7(a)(1), 267.1, 267.2, 267.3, 267.10–267.18, 267.30–267.36, 267.50– 

267.58, 267.70–267.76, 267.90, 267.91–267.100, 267.101, 267.110, 267.111, 267.112, 

267.113–267.117, 267.140–267.143, 267.144–267.146, 267.147, 267.148–267.151, 

267.170–267.177, 267.190. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Rules and Regulations 47781 

Description of Federal 

requirement 

(include checklist number, 

if relevant) 

Federal 

Register date 

and page 

(and/or RCRA 

statutory 

authority) 

Analogous state authority 

Checklist 210 Cond ................... 70 FR 53420– 

53478, September 8, 

2005.

267.191–267.204, 267.1100–267.1108, 270.1(b) Introductory paragraph, 270.1(b)(1)–(2), 

270.2 ‘‘Permit’’, 270.2 ‘‘Standardized Permit’’, 270.10(a) introductory paragraph, 

270.10(a)(1)–(6), 270.10(h) introductory paragraph, 270.10(h)(1)–(2), 270.40(b), 270.41 introductory paragraph, 270.41(b)(3), 270.51(e)(1), 270.51(e)(1)(i)–(iii), 270.51(e)(2), 270.67 

introductory paragraph, 270.67(a)–(b), 270.250–270.275, 270.280, 270.290, 270.300, 

270.305, 270.310, 270.315 and 270.320, as amended April 25, 2008, effective May 26, 

2008. 

2. NESHAP: Final Standards for 

Hazardous Waste Combustors (Phase I Final Replacement Standards and phase II) 

Amendments. (Checklist 217).

73 FR 18970– 

18984 April 

8, 2008.

Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas 

Pollution Control and Ecology (APC&E) Regulation Number 23, (Hazardous Waste Management) (HWM) Sections 264.340, 264.340(b)(1), 264.340(b)(3), 264.340(b)(5), and 

266.100(b)(3)(ii), as amended April 23, 2010, effective June 13, 2010. 

3. F019 Exemption for Wastewater Treatment Sludges 

from Auto Manufacturing Zinc 

Phosphating Processes. 

(Checklist 218).

73 FR 31756– 

31769.

Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas 

Pollution Control and Ecology (APC&E) Regulation Number 23, (Hazardous Waste Management) (HWM) Sections 261.31(a)/Table, 261.31, 261.31, 261.31(b)(4), and 

261.31(b)(4)(i)–(ii), as amended April 23, 2010, effective June 13, 2010. 

4. Academic Laboratories Generator Standards. (Checklist 

220).

73 FR 72912– 

72960 December 1, 

2008.

Arkansas Code of 1987 Annotated (A.C.A.) Sections 8–7–201 through 8–7–226. Arkansas 

Pollution Control and Ecology (APC&E) Regulation Number 23, (Hazardous Waste Management) (HWM) Sections 261.5(c)(6)–(7), 262.10(l)(1)–(2), 262 Subpart K, 262.200, 

262.200 ‘‘Central accumulation area’’, 262.200 ‘‘College/University’’, 262.200 ‘‘Eligible academic entity’’, 262.200 ‘‘Formal written affiliation agreement, 262.200 ‘‘Laboratory’’, 

262.200 ‘‘Laboratory clean-out’’, 262.200 ‘‘Laboratory worker’’, 262.200 ‘‘Non-profit research institute’’, 262.200 ‘‘Reactive acutely hazardous unwanted material’’, 262.200 

‘‘Trained professional’’, 

Checklist 220 Continues ........... 73 FR 72912– 

72960 December 1, 

2008.

262.200 ‘‘Unwanted material’’, 262.200 ‘‘Working container’’, 262.201 heading, 262.201(a)– 

(b), 262.202 heading, 262.202(a)–(b), 262.203 heading, 262.203(a), 262.203(b) introductory paragraph, 262.203(b)(1)–(b)(11), 262.203(c)–(e), 262.204(a), 262.204(b) introductory 

paragraph, 262.204(b)(1)–(11), 262.204(c), 262.205 heading, 262.205, 262.206 heading, 

262.206 introductory paragraph, 262.206(a), 262.206(a)(1), 262.206(a)(1)(i)–(ii), 

262.206(a)(1)(ii)(A)–(B), 262.206(a)(2), 262.206(a)(2)(i)–(ii), 262.206(a)(2)(ii)(A)–(C), 

262.206(b) introductory paragraph, 262.206(b)(1), 

Checklist 220 Continues ........... 73 FR 72912– 

72960 December 1, 

2008.

262.206(b)(2)–(3), 262.206(b)(3)(i)–(iii), 262.206(b)(3)(iii)(A)–(B), 262.207 heading, 262.207 

introductory paragraph, 262.207(a)–(b), 262.207(b)(1)–(5), 262.207(c) introductory paragraph, 262.207(c)(1)–(4), 262.207(d), 262.207(d)(1)–(2), 262.208 heading, 262.208(a), 

262.208(a)(1)–(2), 262.208(b)–(d), 262.208(d)(1), 262.208(d)(1)(i)–(ii), 262.208(d)(2), 

262.209 heading, 262.209 ‘‘introductory paragraph, 262.209(a)(1)–(3), 262.209(b), 

262.210 heading, 262.210 introductory paragraph, 262.210(a), 262.210(b) introductory 

paragraph, 262.210(b)(1)–(3), 262.210(c)–(e), 262.211 heading, 262.211 introductory 

paragraph, 

Checklist 220 Continues ........... 73 FR 72912– 

72960 December 1, 

2008.

262.211(a)–(b), 262.211(c)–(e), 262.211(e)(1)–(4), 262.212 heading, 262.212 introductory 

paragraph, 262.212(a)–(e), 262.212(e)(1)–(4), 262.213 heading, 262.213(a), 

262.213(a)(1)–(4), 262.213(b), 262.213(b)(1)–(2), 262.214 introductory paragraph, 

262.214(a), 262.214(a)(1), 262.214(a)(1)(i)–(ii), 262.214(a)(2), 262.214(b) introductory 

paragraph, 262.214(b)(1)–(4), 262.214(b)(4)(i)–(ii), 262.214(b)(4)(ii)(A)–(B), 262.214(b)(5)– 

(6), 262.214(b)(6)(i)–(ii), 262.214(b)(7), 262.214(b)(7)(i)–(iv), 262.214(c)–(d), 262.215 

heading, 262.215(a)–(b), 262.216 heading, 262.216 introductory paragraph, 262.216(a)– 

(b), as amended April 23, 2010, effective June 13, 2010. 

H. Where are the revised State rules 

different from the Federal rules? 

The State of Arkansas regulations that 

are more stringent and broader in scope 

than the Federal regulations are listed in 

the State’s Program description 

submitted with the application to be 

authorized dated December 28, 2010. 

On Checklist 210 Standardized Permit 

for RCRA Hazardous Waste 

Management Facilities, ADEQ has not 

incorporated by reference the public 

participation provisions at 40 CFR 

124.1–2, 124.3(b), 124.3(d), 124.3(e), 

124.4, 124.5(b), 124.5(e), 124.5(g), 

124.6(b), 124.9, 124.10(a)(1)(i), 

124.10(a)(1)(v), 124.12(e), 124.14–16, 

124.18, 124.19, and 124.21. However, 

the State has been previously authorized 

for equivalent provisions pursuant to 

APC&EC Regulation No. 8 

(Administrative Procedures and 

corresponding State provisions at 

Regulation No. 23 section 270.7). These 

references treat standardized permits in 

the same manner as any other permit 

issued by the Department. 

I. Who handles permits after the 

authorization takes effect? 

The State of Arkansas will issue 

permits for all the provisions for which 

it is authorized and will administer the 

permits it issues. The EPA will continue 

to administer any RCRA hazardous 

waste permits or portions of permits 

which we issued prior to the effective 

date of this authorization. We will not 

issue any more new permits or new 

portions of permits for the provisions 

listed in the Table in this document 

after the effective date of this 

authorization. The EPA will continue to 

implement and issue permits for HSWA 

requirements for which ADEQ is not yet 

authorized. 


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47782 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Rules and Regulations 

J. How does today’s action affect Indian 

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

The State of Arkansas Hazardous 

Program is not being authorized to 

operate in Indian Country. 

K. What is codification and is the EPA 

codifying Arkansas’ hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart E for this 

authorization of Arkansas’ program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

I. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. The reference to 

Executive Order 13563 (73 FR 3821, 

January 21, 2011) is also exempt from 

review under Executive orders 12866 

(56 FR 51735, October 4, 1993). This 

action authorizes State requirements for 

the purpose of RCRA 3006 and imposes 

no additional requirements beyond 

those imposed by State law. 

Accordingly, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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

action authorizes preexisting 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). For the same 

reason, this action also does not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

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

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

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

by 5 U.S.C. 804(2). This action will be 

effective October 9, 2012. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

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

Dated: July 10, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2012–19309 Filed 8–9–12; 8:45 am] 

BILLING CODE 6560–50–P 


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