32112 Federal Register / Vol. 60, No. 118 / Tuesday, June 20, 1995 / Rules and Regulations

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Dated: March 30, 1995.

Myron O. Knudson,

Acting Regional Administrator.

For the reasons set forth in the

preamble, subpart E of 40 CFR part 272

is amended as follows:

PART 272—APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS

1. The authority citation for part 272

continues to read as follows:

Authority: Secs. 2002(a), 3006, and 7004(b)

of the Solid Waste Disposal Act, as amended

by the Resource Conservation and Recovery

Act of 1976, as amended, 42 U.S.C. 6912(a),

6926, and 6974(b).

2. 40 CFR part 272, subpart E is

amended by revising § 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), Arkansas has

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

August 23, 1985, May 29, 1990,

November 18, 1991, December 4, 1992

and December 21, 1994.

(b) State Statutes and Regulations. (1)

The Arkansas statutes and regulations

cited in this paragraph are incorporated

by reference as part of the hazardous

waste management program under

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

seq.

(i) EPA Approved Arkansas Statutory

Requirements Applicable to the

Hazardous Waste Management Program,

dated March, 1995.

(ii) EPA Approved Arkansas

Regulatory Requirements Applicable to

the Hazardous Waste Management

Program, dated March, 1995.

(2) The following statutes and

regulations concerning State

enforcement, although not incorporated

by reference, are part of the authorized

State program:

(i) Arkansas Hazardous Waste

Management Act of 1979, as amended,

Arkansas Code of 1987 Annotated

(A.C.A.), 1993 Replacement, 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 and 8–

7–225(b) through 8–7–225(d).

(ii) Arkansas Resource Reclamation

Act of 1979, as amended, Arkansas Code

of 1987 Annotated (A.C.A.), 1993

Replacement, Sections 8–7–302(3), 8–7–

303, 8–7–308(1), and 8–7–308(4).

(iii) Arkansas Department of Pollution

Control and Ecology (ADPC&E)

Regulation No. 23, Hazardous Waste

Management, as amended August 27,

1993, effective September 21, 1993,

chapter two, sections 3a(11), 3b, 3c, 4,

6a, 6d through 6m, 7, 8, 12b(7), 12c

(except 12(c)(10) and 12(c)(11)), 12d,

12e, 14a, 17; chapter three, sections 19

and 20; chapter five, section 26.

(iv) Arkansas Department of Pollution

Control and Ecology, Regulation No. 7,

Civil Penalties, May 25, 1984.

(v) Arkansas Department of Pollution

Control and Ecology, Regulation No. 8,

Administrative Procedures, July 6, 1984.

(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.), 1993

Replacement, Section 8–7–226.

(ii) Arkansas Department of Pollution

Control and Ecology Regulation No. 23,

Hazardous Waste Management, as

amended as amended August 27, 1993,

effective September 21, 1993, chapter

two, sections 2a(5) (only the second

sentence), 2b(11), 3a(10), 11, 16a, and

portions of sections 16c and 16d that

refer to PCBs; and chapter four, section

23.

(4) Unauthorized State Provisions:

Arkansas has adopted but is not

authorized for the September 1, 1988

(53 FR 33938) and the July 1, 1991 (56

FR 30200) amendments to Parts 264 and

265 addressing liability requirements.

Thus, the portions of the Arkansas

Hazardous Waste Management code,

chapter 2, sections 3a(5) and 3a(6)

adopting the September 1, 1988 and the

July 1, 1991 amendments are not part of

the State’s authorized program and are

not Federally enforceable.

(5) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region 6 and the State of Arkansas

signed by the EPA Regional

Administrator on November 3, 1994 is

referenced as part of the authorized

hazardous waste management program

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

6921 et seq.

(6) Statement of Legal Authority.

‘‘Attorney General’s Statement for Final

Authorization’’, signed by the Attorney

General of Arkansas on July 9, 1984 and

revisions, supplements and addenda to

that Statement dated September 24,

1987, February 24, 1989, December 11,

1990, May 7, 1992, and by the

Independent Legal Counsel on May 10,

1994 are referenced as part of the

authorized hazardous waste

management program under Subtitle C

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

(7) Program Description. The Program

Description and any other materials

submitted as part of the original

application or as supplements thereto

are referenced as part of the authorized

hazardous waste management program

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

6921 et seq.

3. Appendix A to part 272, State

Requirements, is amended by revising

the listing for ‘‘Arkansas’’ to read as

follows:

Appendix A to Part 272—State

Requirements

* * * * *

Arkansas

The statutory provisions include:

Arkansas Hazardous Waste

Management Act, as amended, Arkansas

Code of 1987 Annotated (A.C.A.), 1993

Replacement, 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), as

published by The Michie Company,

Law Publishers, 1 Town Hall Square,

Charlottesville, Virginia 22906–7587.

The regulatory provisions include:

Arkansas Department of Pollution

Control and Ecology Regulation No. 23,

Hazardous Waste Management, as

amended August 27, 1993, effective

September 21, 1993, chapter one;

chapter two, sections 2a (except the

second sentence of 2a(5)), 2b (except

2b(11)), 2c, 3a (except 3a(10), 3a(11) and

3a(13)), 5, 6 introductory paragraph, 6b,

6c, 9, 10, 12 introductory paragraph,

12a, 12b (except 12b(7) and 12b(8)),

12c(10), 12c(11), 13a introductory

paragraph, 13a(1) through 13a(7),

13a(11), 14 introductory paragraph, 14b,

15, 16 introductory paragraph, 16b, 16c

introductory paragraph, 16c(1) (except

the phrase ‘or the letters ‘‘PCB’’ for PCB

shipments’ in 16c(1)(e)), 16c(2) through

16c(6), 16c(7) (except the second and

third sentences), 16c(8) through 16c(12),

16d(1) (except the phrase ‘‘(including

PCBs and PCB contaminated wastes)’’ in

the first sentence), 16d(1)(a) through

16d(1)(d), 16d(1)(e) (except the phrase

‘or ‘‘PCBs’’ ’ in the first sentence), and

16d(1)(f) through 16e. Copies of the

Arkansas regulations can be obtained

from the Arkansas Register, Secretary of

State, State Capitol Building, Little

Rock, Arkansas 72201.

* * * * *

[FR Doc. 95–15016 Filed 6–19–95; 8:45 am]

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