18356 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

received from a Native Corporation as a

dividend or distribution on stock); and

an interest in a settlement trust.

(November 2, 1994)

(Authority: Sec. 506, Pub. L. 103–446)

§ 3.400 [Amended]

11. In § 3.400(s), remove ‘‘Date’’ and

add, in its place, ‘‘Except as provided in

§ 3.106(c), date’’.

12. In § 3.702, paragraph (d) is revised

as follows:

§ 3.702 Dependency and indemnity

compensation.

* * * * *

(d) Finality of election.

(1) Except as noted in paragraph

(d)(2), an election to receive

dependency and indemnity

compensation is final and the claimant

may not thereafter reelect death pension

or compensation in that case. An

election is final when the payee (or the

payee’s fiduciary) has negotiated one

check for this benefit or when the payee

dies after filing an election but prior to

negotiation of a check.

(2) Notwithstanding the provisions of

paragraph (d)(1), effective November 2,

1994, a surviving spouse who is

receiving dependency and indemnity

compensation may elect to receive death

pension instead of such compensation.

(Authority: 38 U.S.C. 1317)

* * * * *

§ 3.1600 [Amended]

13. In § 3.1600, paragraphs (a), (b),

and (f), remove the words ‘‘in

Philippine pesos’’.

[FR Doc. 95–8887 Filed 4–10–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5189–2]

Arizona: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Arizona has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has completed

its review of Arizona’s application and

has made a decision, subject to public

review and comment, that Arizona’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Thus,

EPA intends to approve Arizona’s

hazardous waste program revisions.

Arizona’s application for program

revision is available for public review

and comment.

DATES: Final authorization for Arizona

is effective June 12, 1995, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Arizona’s

program revision application must be

received by the close of business May

11, 1995.

ADDRESSES: Copies of Arizona’s program

revision application are available during

the business hours of 9:00 a.m. to 5:00

p.m. at the following addresses for

inspection and copying:

Arizona Department of Environmental

Quality, Central Office, Office of

Waste Programs, Waste Assessment

Section, 3033 N. Central Avenue,

Phoenix, Arizona 85012, Phone: 602/

207–4211

Arizona Department of Environmental

Quality, Northern Regional Office,

2501 North 4th Street, Suite #14,

Flagstaff, Arizona 86004, Phone: 602/

779–0313 or 1–800/234–5677

Arizona Department of Environmental

Quality, Southern Regional Office,

4040 East 29th Street, Tucson,

Arizona 85711, Phone: 602/628–5651

or 1–800/234–5677

U.S. EPA Region IX Library-Information

Center, 75 Hawthorne Street, San

Francisco, California 94105, Phone:

415/744–1510

Written comments should be sent to

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

California 94105, Phone: 415/744–2030.

FOR FURTHER INFORMATION CONTACT:

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

California 94105, Phone: 415/744–2030.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

Section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6929(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. Revisions to

State hazardous waste programs are

necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 260–

266, 268, 124 and 270.

B. Arizona

Arizona initially received final

authorization for the base program on

November 20, 1985. Arizona received

final authorization for revisions to its

program on August 6, 1991, July 13,

1992, November 23, 1992, and October

27, 1993. On February 10, 1995, Arizona

submitted an application for additional

revision approvals. Today, Arizona is

seeking approval of its program

revisions in accordance with 40 CFR

271.21(b)(3).

EPA has reviewed Arizona’s

application, and has made an immediate

final decision that Arizona’s hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to approve final

authorization for Arizona’s hazardous

waste program revisions. The public

may submit written comments on EPA’s

immediate final decision up until May

11, 1995. Copies of Arizona’s

application for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this notice.

Approval of Arizona’s program

revisions shall become effective in 60

days unless an adverse comment

pertaining to the State’s revisions

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received, EPA will

publish either (1) a withdrawal of the

immediate final decision or (2) a notice

containing a response to the comment

which either affirms that the immediate

final decision takes effect or reverses the

decision.

Arizona is applying for authorization

for the following Federal hazardous

waste requirements:

Federal requirement State authority

Permit Modifications for Hazardous Waste Management Facilities (53

FR 37912, September 28, 1988, as amended October 24, 1988 at 53

FR 41649).

Arizona Revised Statutes (ARS) 49–922.A + B; Arizona Administrative

Code (AAC) R18–8–264.A, 265.A, 270.A + C, and 271.A, D(c)(1) +

D(c)(3).
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations 18357

Federal requirement State authority

Changes to Interim Status Facilities for Hazardous Waste Management

Permits; Procedures for Post-Closure Permitting (54 FR 9596, March

7, 1989).

ARS 49–922.A + B; AAC R18–8–270.A and 271.A, B, N(a), N(b) +

Q(a).

Changes to Part 124 Not Accounted for by Present Checklists (48 FR

14146, April 1, 1983; 48 FR 30113, June 30, 1983; 53 FR 28118,

July 26, 1988; 53 FR 37396, September 26, 1988; 54 FR 246, January 4, 1989).

ARS 49–922.A + B; AAC R18–8–271.A, C(a)(1)–(3), D(a), D(c)(1),

D(c)(3), D(d), E(d)(1)–(4), I(c)(1)(iii), I(c)(1)(ix) + K(a)(2).

Criteria for Listing Toxic Wastes; Technical Amendment (55 FR 18726,

May 4, 1990).

ARS 49–922.A + B; AAC R18–8–261.A, B + K(a)(3).

Exceptions to the Burning and Blending of Hazardous Wastes (RCRA

§ 3004(q)(2)(A) and § 3004(r) (2) and (3)).

ARS 49–922.A + B; AAC R18–8–261.A, B + I(a)(3)(vii).

HSWA Codification Rule 2; Corrective Action for Injection Wells (52 FR

45788, December 1, 1987).

ARS 49–922.A + B; AAC R18–8–270.A + B(2)(b).

Wood Preserving Listing; Technical Correction (56 FR 30192, July 1,

1991) including HSWA and non-HSWA portions.

ARS 49–922.A + B; AAC R18–8–261.A + B, 262.A, B + E, 264.A,

265.A and 270.A.

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Corrections and Technical Amendments I (56 FR 32688, July 17, 1991) including HSWA and non-HSWA portions.ARS 49–922.A + B; AAC R18–8–261.A, B, I(a)(2) + I(a)(2)(ii), 265.A,

266.A, B(b)(2) + B(b)(3) and 270.A.

Land Disposal Restrictions for Electric Arc Furnace Dust (K061) (56 FR

41164, August 19, 1991).

ARS 49–922.A + B; AAC R18–8–261.A + B and 268.

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendments II (56 FR 42504, August 27, 1991) including

HSWA and non-HSWA portions.

ARS 49–922.A + B; AAC R18–8–261.A + B, 265.A and 266.A.

Exports of Hazardous Waste; Technical Correction (56 FR 43704, September 4, 1991).ARS 49–922.A + B; AAC R18–8–262.A. + B.

Coke Administrative Stay (56 FR 43874, September 5, 1991) ................. ARS 49–922.A + B; AAC R18–8–266 A.

Amendments to Interim Status Standards for Downgradient GroundWater Monitoring Well Locations at Hazardous Waste Facilities (56

FR 66365, December 23, 1991).

ARS 49–922.A + B; AAC R18–8–260.C + E 265.A.

Liners and Leak Detection Systems for Hazardous Waste Land Disposal

Units (57 FR 3462, January 29, 1992) including HSWA and nonHSWA portions.

ARS 49–922.A + B; AAC R18–8–260. C + E, 264. A + M, 265.A and

270.A.

Administrative Stay for the Requirement that Existing Drip Pads Be Impermeable (57 FR 5859, February 18, 1992) including HSWA and

non-HSWA portions.

ARS 49–922.A + B; AAC R18–8–264.A and 265.A

Second Correction to the Third Third Land Disposal Restrictions (57 FR

8086, March 6, 1992).

ARS 49–922.A + B; AAC R18–8–264.A and 268.

Hazardous Debris Case-by-Case Capacity Variance (57 FR 20766, May

15, 1992).

ARS 49–922. A + B; AAC R18–8–268.

Used Oil Filter Exclusion (57 FR 21524, May 20, 1992) .......................... ARS 49–922.A + B; AAC R18–8–261.A + B.

Coke By-Product Exclusion (57 FR 27880, June 22, 1992) ..................... ARS 49–922.A + B; AAC R18–8–261.A + B and 266.A.

Lead-Bearing Hazardous Materials Case-by-Case Capacity Variance

(57 FR 28628, June 26, 1992).

ARS 49–922.A + B; AAC R18–8–268.

Used Oil Filter Exclusion; Technical Correction (57 FR 29220, July 1,

1992)..

ARS 49–922.A + B; AAC R18–8–261.A + B.

Toxicity Characteristics Revision; Technical Corrections (57 FR 30657,

July 10, 1992).

ARS 49–922.A + B; AAC R18–8–261.A + B and 265.A.

Land Disposal Restrictions for Newly Listed Wastes and Hazardous Debris (57 FR 37194, August 18, 1992).ARS 49–922.A + B; AAC R18–8–260.C + E, 261.A + B, 262.A, B + E,

264.A, 265.A, 268 and 270.A + J.

Coke By-Product Listings (57 FR 37284, August 18, 1992) ..................... ARS 49–922.A + B; AAC R18–8–261.A + B.

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendments III (57 FR 38558, August 25, 1992) including

HSWA and non-HSWA portions.

ARS 49–922.A + B; AAC R18–8–260.C, E + G, 261.A + B, 264.A,

265.A and 266.A.

Standards Applicable to Owners and Operators of Hazardous Waste

Treatment, Storage, and Disposal Facilities; Liability Coverage (53 FR

33938, September 1, 1988; as amended on July 1, 1991 at 56 FR

30200 and on September 16, 1992 at 57 FR 42832).

ARS 49–922.A + B; AAC R18–8–264.A, K + L and 265.A.

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendments IV (57 FR 44999, September 30, 1992).ARS 49–922.A + B; AAC R18–8–266.A.

Chlorinated Toluene Production Waste Listing (57 FR 47376, October

15, 1992).

ARS 49–922.A + B; AAC R18–8–261.A + B.

Hazardous Soil Case-by-Case Capacity Variance (57 FR 47772, October 20, 1992).ARS 49–922.A + B; AAC R18–8–268.

‘‘Mixture’’ and ‘‘Derived-From’’ Rules; Response to Court Remand (57

FR 7628, March 3, 1992; as amended on June 1, 1992 at 57 FR

23062 and on October 30, 1992 at 57 FR 49278).

ARS 49–922.A + B; AAC R18–8–261.A + B.

Toxicity Characteristic Revision (57 FR 23062, June 1, 1992) ................. ARS 49–922.A + B; AAC R18–8–261.A + B.

Liquids in Landfills II (57 FR 54452, November 18, 1992) ....................... ARS 49–922.A + B; AAC R18–8–260.C + E, 264.A and 265.A.

Toxicity Characteristic Revision; TCLP (57 FR 55114, November 24,

1992, as amended on February 2, 1993 at 58 FR 6854).

ARS 49–922.A + B; AAC R18–8–261.A + B.

Wood Preserving; Amendments to Listings and Technical Requirements

(57 FR 61492, December 24, 1992) including HSWA and non-HSWA

portions.

ARS 49–922.A + B; AAC R18–8–261.A + B, 254.A and 265.A.
18358 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

Federal requirement State authority

Corrective Action Management Units and Temporary Units; Corrective

Action Provisions Under Subtitle C (58 FR 8658, February 16, 1993).

ARS 49–922.A + B; AAC R18–8–260.C + E, 264.A, 265.A, 268 and

270.A + C.

Land Disposal Restrictions; Renewal of the Hazardous Waste Debris

Case-by-Case Capacity Variance (58 FR 28506, May 14, 1993).

ARS 49–922.A + B; AAC R18–8–268.

Land Disposal Restrictions for Ignitable and Corrosive Characteristic

Wastes Whose Treatment Standards Were Vacated (58 FR 29860,

May 24, 1993).

ARS 49–922.A + B; AAC R18–8–264.A, 265.A, 268 and 270.A.

Arizona has agreed to review all State

hazardous waste permits which have

been issued under State law prior to the

effective date of this authorization.

Arizona has agreed to then modify or

revoke and reissue such permits as

necessary to require compliance with

the amended State program. The

modifications or revocation and

reissuance will be scheduled in the

annual State Grant Work Plan.

Arizona is not being authorized to

operate any portion of the hazardous

waste program on Indian lands.

C. Decision

I conclude that Arizona’s application

for program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Arizona is granted final authorization to

operate its hazardous waste program as

revised.

Arizona is now responsible for

permitting treatment, storage, and

disposal facilities within its borders and

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 (Public Law

98–616, November 8, 1984) (‘‘HSWA’’).

Arizona also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

Section 3007 of RCRA and to take

enforcement actions under Section

3008, 3013 and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Arizona’s

program, thereby eliminating

duplicative requirements for handlers of

hazardous waste in the State. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

Environmental Protection,

Administrative practice and procedure,

Confidential business information,

Hazardous materials transportation,

Hazardous waste, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of Sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

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

Dated: April 3, 1995.

John C. Wise,

Acting Regional Administrator.

[FR Doc. 95–8877 Filed 4–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5189–5]

Nevada: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Nevada has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has completed

its review of Nevada’s application and

has made a decision, subject to public

review and comment, that Nevada’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Thus,

EPA intends to approve Nevada’s

hazardous waste program revisions.

Nevada’s application for program

revision is available for public review

and comment.

DATES: Final authorization for Nevada is

effective June 12, 1995, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Nevada’s

program revision application must be

received by the close of business May

11, 1995.

ADDRESSES: Copies of Nevada’s program

revision application is available during

the business hours of 9 a.m. to 5 p.m.

at the following addresses for inspection

and copying:

Nevada Department of Conservation and

Natural Resources, Division of

Environmental Protection, 123 W.

Nye Lane, Carson City, NV 89710,

Phone: 702/687–5872, Contact L.H.

Dodgion, Administrator

U.S. EPA Region IX Library-Information

Center, 75 Hawthorne Street, San

Francisco, CA 94105, Phone: 415/

744–1510

Written comments should be sent to

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

CA 94105 Phone: 415/744–2030.

FOR FURTHER INFORMATION CONTACT:

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

CA 94105 Phone: 415/744–2030.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6929(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. Revisions to

State hazardous waste programs are

necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 124,

260–266, 268, 270 and 279.

B. Nevada

Nevada initially received final

authorization for the base program on

November 1, 1985. On May 27, 1994,

Nevada received final authorization for

revisions to its hazardous waste

program, which included substantially

all the Federal RCRA implementing