Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 31233 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, titled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this is a 

‘‘significant regulatory action.’’ 

Accordingly, the EPA submitted this 

action to the Office of Management and 

Budget (OMB) for review under 

Executive Order 12866 and any changes 

made in response to OMB 

recommendations have been 

documented in the docket for this 

action. Because this action does not 

propose or impose any requirements 

and instead seeks comments and 

suggestions for the Agency to consider 

in possibly developing a subsequent 

proposed rule, the various statutes and 

Executive Orders that normally apply to 

rulemaking do not apply in this case. 

When the EPA develops the rulemaking, 

the EPA will address the applicable 

statutes and Executive Orders. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2021–12287 Filed 6–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2021–0073; FRL–10021– 

64–Region 6] 

Arkansas: Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Arkansas 

Division of Environmental Quality 

(DEQ) has applied to the Environmental 

Protection Agency (EPA) for final 

authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The EPA has reviewed 

Arkansas’ application and has 

determined that these changes appear to 

satisfy all requirements needed to 

qualify for final authorization and is 

proposing to authorize the State’s 

changes. The EPA is seeking public 

comment prior to taking final action. 

DATES: Comments on this proposed rule 

must be received by July 12, 2021. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

• Email: patterson.alima@epa.gov. 

Instructions: EPA must receive your 

comments by July 12, 2021. Direct your 

comments to Docket ID Number EPA– 

R06–RCRA–2021–0073. The EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI), or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

Federal regulations.gov website is an 

‘‘anonymous access’’ system, which 

means 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 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, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment with any CD you submit. If 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. 

You can view and copy Arkansas’s 

application and associated publicly 

available docket materials either 

through www.regulations.gov at the 

following locations: Division of 

Environmental Quality, 5301 

Northshore Drive, North Little Rock, 

Arkansas, 72118 telephone: (501) 682– 

0744 and EPA, Region 6, 1201 Elm 

Street, Suite 500, Dallas, Texas 75270. 

The EPA facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays and facility 

closures due to COVID–19. We 

recommend that you telephone Alima 

Patterson, Regional Authorization/ 

Codification Coordinator at (214) 665– 

8533, before visiting the Region 6 office. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, (214) 665–8533, 

patterson.alima@epa.gov. Out of an 

abundance of caution for members of 

the public and our staff, the EPA Region 

6 office will be closed to the public to 

reduce the risk of transmitting COVID– 

19. We encourage the public to submit 

comments via https://

www.regulations.gov, as there will be a 

delay in processing mail and no courier 

or hand deliveries will be accepted. 

Please call or email the contact listed 

above if you need alternative access to 

material indexed but not provided in 

the docket. 

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 268, 270, 273, and 279. 

B. What decisions have EPA made in 

this rule? 

On March 2, 2021, the State of 

Arkansas submitted a final complete 

program revision application seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated between July 1, 2014 and 

June 30, 2018, which includes RCRA 

Clusters XXIV through and RCRA 

Cluster XXVI (Checklists 233A, 233B, 

233C, 233D2, 233E, 234, 235, 236, 237, 

238 and 239). The EPA has reviewed 

Arkansas’ application to revise its 

authorized program and is proposing to 

find that it meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we propose to grant 

the State of Arkansas final authorization 

to operate its hazardous waste program 

with the changes described in the 

authorization application. 

The State Arkansas will continue to 

have responsibility for permitting 


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treatment, storage and disposal facilities 

(TSDFs) 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 

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 the State of Arkansas, 

including issuing permits, until the 

State is granted authorization to do so. 

C. What is the effect of this proposed 

authorization decision? 

If the State of Arkansas is authorized 

for these changes, 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. Additionally, such facilities 

will have to comply with any applicable 

Federal requirements such as, for 

example, HSWA regulations issued by 

the EPA for which the State has not 

received authorization. The State of 

Arkansas will continue to have 

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: 

• Conduct 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. 

The action to approve these 

provisions would not impose additional 

requirements on the regulated 

community because the regulations for 

which the State of Arkansas is 

requesting authorization are already 

effective under State law and are not 

changed by the act of authorization. 

D. What happens if the EPA receives 

comments on this action? 

If the EPA receives comments on this 

proposed action, we will address those 

comments in our final action. You may 

not have another opportunity to 

comment. If you wish to comment on 

this proposed authorization, you must 

do so at this time. 

E. What has Arkansas previously been 

authorized? 

Arkansas initially received final 

authorization on January 11, 1985, 

effective January 25, 1985 (50 FR 1513), 

to implement its Base Hazardous Waste 

Management program. We granted 

authorization for changes to their 

program on August 23, 1985, via EPA 

letter, effective August 23, 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 12, 1993 (58 

FR 52674), effective December 13, 1993; 

October 7, 1994 (59 FR 51115), effective 

December 21, 1994; June 20, 1995 (60 

FR 32112), effective August 21, 1995; 

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; October 31, 2014 (79 

FR 64678), effective December 30, 2014; 

January 29, 2016 (81 FR 4961), effective 

March 29, 2016; August 11, 2016 (81 FR 

53025), effective October 11, 2016; and 

September 14, 2017 (82 FR 43185), 

effective November 13, 2017. 

The authorized Arkansas RCRA 

program was incorporated by reference 

into the Code of Federal Regulations 

October 12, 1993 (58 FR 52674) effective 

December 13, 1993; June 20, 1995 (60 

FR 32112) effective August 21, 1995; 

June 28, 2010 (75 FR 36538) effective 

August 27, 2010; October 2, 2014 (79 FR 

59438) effective December 1, 2014; 

January 29, 2016 (81 FR 4961) effective 

March 29, 2016; August 11, 2016 (81 FR 

53025) effective October 11, 2016; and 

September 14, 2017 (82 FR 43185), 

effective November 13, 2017. 

On March 2, 2021, Arkansas 

submitted a final complete program 

revision application seeking 

authorization of its program revision in 

accordance with 40 CFR 271.21. The 

State of Arkansas has undergone a state 

agency reorganization that has placed 

the Arkansas Department of 

Environmental Quality in the Arkansas 

Department of Energy and Environment 

and is now the Arkansas Division of 

Environmental Quality (DEQ). The 

Arkansas Division of Environmental 

Quality is now the agency responsible 

for administering all solid and 

hazardous waste regulations for the 

State of Arkansas. The Arkansas 

Pollution Control and Ecology 

Commission (APC&EC) is vested with 

general authority to make and amend 

rules in Ark. Code Ann. § 8–01– 

203(b)(l)(A), and is vested with specific 

authority to make and amend rules with 

regard to hazardous waste management 

in Ark. Code Ann. § 8–7–209(b)(l). 

On May 28, 2020, the APC&EC passed 

Minute Order No. 20–14 to initiate 

Rulemaking for amendments to 

Regulation 23, Hazardous Waste 

Management in order to adopt Federal 

regulations promulgated between 

through May 30, 2018. On June 6 and 

7, 2020, the notice of the proposed 

regulation changes, public hearing, and 

public comment period was published 

in the Arkansas Democrat-Gazette. On 

July 20, 2020, at 2:00 p.m., the APC&EC 

held a public hearing regarding the 

proposed changes at 5301 Northshore 

Drive, North Little Rock, AR 72118. No 

public comments were received during 

the public hearing. The public comment 

period expired on August 3, 2020, and 

no public comments were received 

during the public comment period. The 

amendments to Regulation 23 further 

incorporated changes mandated by Act 

of March 5, 2019, No. 315 to change all 

references of ‘‘Regulation’’ to ‘‘Rule,’’ 

and changes in terminology to conform 

to the Transformation and Efficiencies 

Act of 2019, No. 910, as well as a variety 

of non-substantive and minor stylistic 

changes in the interest of clarity and 

consistency. The Arkansas Hazardous 

Waste Management Act of 1979, Ark. 

Code Ann. § 8–7–201 et seq., and the 

Arkansas Resource Reclamation Act of 

1979, Ark. Code Ann. § 8–7–301 et seq. 

establish the statutory authority to 

administer the Hazardous waste 

management program under RCRA 

Subtitle C. The official State regulations 

may be found in Arkansas Pollution 

Control and Ecology Commission Rule 

No. 23 (Hazardous Waste Management), 

approved on August 27, 2020. The DEQ 

has the rules necessary to implement 

EPA’s portion of RCRA Clusters XXIV 

through RCRA Cluster XXVI. The 

provisions for which the State is seeking 

authorization are documented on 

Revision Checklists 233A, 233B, 233C, 

233D2, 233E, 234, 235, 236, 237 238 and 

239, which are portions of RCRA 

Clusters XXIV through RCRA Cluster 

XXVI. Any differences between the 

State’s provisions and the Federal 

provisions are noted on the individual 

Revision Checklists and the Program 

Description submitted by the State to 

EPA as part of its program revision 

application package. 

F. What changes is EPA proposing to 

authorize with this action? 

On March 2, 2021, the State of 

Arkansas submitted a final complete 


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program revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

have determined that the DEQ’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. We are now proposing to 

authorize, subject to receipt of written 

comments that oppose this action that 

the State of Arkansas hazardous waste 

program revisions are equivalent to, 

consistent with, and no less stringent 

than the Federal program, and therefore 

satisfy all of the requirements necessary 

to qualify for final authorization. The 

DEQ revisions consist of regulations 

which specifically govern Federal 

hazardous waste revisions promulgated 

between July 1, 2014 and June 30, 2018 

(RCRA Clusters XXIV through RCRA 

Cluster XXVI). The Arkansas provisions 

are from the Arkansas Pollution Control 

and Ecology Commission (APC&EC) 

Rule No. 23, Hazardous Waste 

Management, as approved on August 27, 

2020. In the State’s adoption of the 

Federal provisions addressed by 

Checklist 233B, Arkansas incorrectly 

removed and reserved Rule 23 section 

261.2(a)(2)(ii) (analogous to 40 CFR 

261.2(a)(2)(i)(B)). EPA has notified 

Arkansas and the State will correct the 

error in their next rulemaking. We 

propose to grant Arkansas final 

authorization for the program changes 

in the Table within this document. 

Description of Federal 

requirement 

(include Checklist No., if 

relevant) 

Federal Register 

date and page 

(and/or RCRA statutory 

authority) 

Analogous state authority 

RCRA Cluster XXIV 

1. Revisions to the Definition of 

Solid Waste Changes affecting non-waste determinations 

and variances (Checklist 

233A).

80 FR 1694, January 13, 2015, 

as amended on May 30, 

2018, 83 FR 24664.

APC&EC Rule No. 23, Sections 260.31(c) introductory paragraph, 260.31(c)(1)–(5), 260.33(c)– 

(e), 260.42 introductory paragraph, 260.42(a)(1)–(10), 260.42(b). 

2. Revisions to the Definition of 

Solid Waste—Legitimacy-related provisions. (Checklist 

233B).

80 FR 1694, January 13, 2015, 

as amended on May 30, 

2018, 83 FR 24664.

APC&EC Rule No. 23, Sections 260.10 ‘‘contained’’, 260.10 ‘‘Hazardous secondary material’’, 

260.43(a) introductory paragraph, 260.43(a)(1)–(4), 260.43(b) introductory paragraph, 

260.43(b)(1)–(2), 260.43(c), 261.2(b)(3)–(4), 261.2(g). 

3. Revisions to the Definition of 

Solid Waste—Speculative Accumulation (Checklist 233C).

80 FR 1694–1814, January 13, 

2015.

APC&EC Rule No. 23, Sections 261.1(c)(8). 

4. Revisions to the Definition of 

Solid Waste—Exclusions and 

non-waste determinations. 

(Checklist 233D2).

80 FR 1694, January 13, 2015, 

as amended on May 30, 

2018, 83 FR 24664.

APC&EC Rule No. 23, Sections 260.10 ‘‘Facility’’, 260.10 ‘‘Hazardous secondary material generator’’, 260.10 ‘‘Intermediate facility’’, 260.10 ‘‘Land-based unit’’, 260.10 ‘‘Transfer facility’’, 

260.30 introductory paragraph, 260.30(b)–(e), 260.30(f) removed, 260.34(a)–(c), 261.1(c)(4), 

261.2(c)(3), 261.2(c)(4) Table 1, 261.4(a)(23) introductory paragraph, 261.4(a)(23)(a)(i)(A)– 

(C), 261.4(a)(23)(ii)(A)–(F), 261.4(a)(24) introductory paragraph, 261.4(a)(24)(i)–(v)(C)(2), 

261.4(a)(24)(v)(C)(3), 261.4(a)(24)(v)(D)–(vii), 261.4(a)(25) introductory paragraph, 

261.4(a)(25)(i)–(xii), 261 Subsection H, 261 Subsections K–L [Reserved], 261 Subsection M, 

270.42 Appendix I, Items A(9) and A(10). 

Note: Section 261.4(a)(24)(v)(C)(3) is more stringent. 

5. Revisions to the Definition of 

Solid Waste—Remanufacturing exclusion (Checklist 

233E).

80 FR 1694, January 13, 2015 APC&EC Rule No. 23, Sections 260.10 ‘‘Remanufacturing’’, 261.2(c)(3), 261.2(c)(4) Table 1, 

261.4(a)(27) introductory paragraph, 261.4(a)(27)(i)–(vi)(F), 261 Subsections I, J, AA, BB, CC. 

6. Response to Vacaturs of the 

Comparable Fuels Rule and 

the Gasification Rule (Checklist 234).

80 FR 18777, April 8, 2015 ...... APC&EC Rule No. 23, Sections 260.10 ‘‘Gasification’’ [Removed], 261.4(a)(12)(i), 261.4(a)(16) 

[Reserved], 261.38 [Reserved]. 

7. Disposal of Coal Combustion 

Residuals from Electric Utilities (Checklist 235).

80 FR 21302, April 17, 2015 .... APC&EC Rule No. 23, Sections 261.4(b)(4)(i)–(ii)(H). 

RCRA Cluster XXV 

8. Import and Exports of Hazardous Waste (Checklist 236).81 FR 85696, November 28, 

2016.

82 FR 41015, August 29, 2017 

APC&EC Rule No. 23, Sections 260.10 ‘‘AES filing compliance date’’, 260.10 ‘‘Electronic importexport reporting compliance date’’, 260.10 ‘‘Recognized trader’’, 260.11(g) introductory paragraph, 260.11(g)(1), 260.11(g)(2) [Reserved], 261.4(d)(1), 261.4(d)(4), 261.4(e)(1), 

261.4(e)(4), 261.6(a)(3)(i) and 261.6(a)(5), 261.39(a)(5)(ii), 261.39(a)(5)(v) introductory paragraph, 261.39(a)(5)(v)(A)–(B)(2)(vii), 261.39(a)(5)(vi), 261.39(a)(5)(ix), 261.39(a)(5)(xi) 1, 

262.10(d), 262.12(d), 262.41(j), 262 Subsections E and F [Reserved], 262 Subsection H 1, Appendix to Section 262 (removed by the final rule addressed by Checklist 237), 263.10(d), 

263.20(a)(2), 263.20(c), 263.20(e)(2), 263.20(f)(2) and Note; 263.20(g) introductory paragraph, 

263.20(g)(1)–(4)(ii), 264.12(a) introductory paragraph, 264.12(a)(1)–(a)(4)(ii), 264.71(a)(3) introductory paragraph, 264.71(a)(3)(i)–(ii), 264.71(d), 265.12(a) introductory paragraph, 

265.12(a)(1)–(a)(4)(ii), 265.71(a)(3) introductory paragraph, 265.71(a)(3)(i)–(ii), 265.71(d), 

266.70(b) introductory paragraph, 266.70(b)(1)–(3), 266.80(a) Table, 267.71(a)(4)–(a)(6)(ii), 

267.71(d), 273.20, 273.39(a)–(b), 273.40, 273.56, 273.62(a), 273.70 introductory paragraph, 

273.70(a)–(c). 


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1Arkansas has not adopted the revisions to 40 

CFR 261.39(a)(5)(xi) and 262.82(e)(1) and 

262.82(e)(2) which were published on August 6, 

2018 (83 FR 38262). EPA made conforming changes 

to the EPA office and address to which paper 

documents concerning imports and exports of 

hazardous waste and conditionally excluded 

cathode ray tubes must be sent. The change in 

address was needed to reflect the reorganization of 

hazardous waste import-export functions on April 

29, 2018, from the Office of Federal Activities’ 

International Compliance Assurance Division, in 

EPA’s Office of Enforcement and Compliance 

Assurance, to the International Branch within the 

Office of Resource Conservation and Recovery’s 

Materials Recovery and Waste Management 

Division, in EPA’s Office of Land and Emergency 

Management. Because of the Federal government’s 

special role in matters of foreign policy, EPA cannot 

authorize States for import/export functions. 

However, EPA encourages States to incorporate 

these requirements into their regulations for the 

convenience of the regulated community and for 

completeness. 

2A copy of this guidance is included in the 

docket of this proposed rule. 

Description of Federal 

requirement 

(include Checklist No., if relevant) 

Federal Register 

date and page 

(and/or RCRA statutory 

authority) 

Analogous state authority 

9. Hazardous Waste Generator 

Improvements Rule (Checklist 

237).

81 FR 86732, November 28, 

2016.

APC&EC Rule No. 23, Sections 260.10 ‘‘Acute hazardous waste’’, 260.10 ‘‘Central accumulation 

area’’, 260.10 ‘‘Large quantity generator’’, 260.10 ‘‘Non-acute hazardous waste’’, 260.10 ‘‘Performance Track member facility’’ [Removed], 260.10 ‘‘Small quantity generator’’, 260.10 ‘‘Very 

small quantity generator’’, 260.11(d)(1), 261.1(a)(1), 261.1(c)(6), 261.4(a)(7), 261.5 [Reserved], 261.6(c)(2)(iv), 261.33(e) introductory paragraph, 261.33(f) introductory paragraph, 

261.420(g), 262.1 introductory paragraph, 262.1 ‘‘Condition for exemption’’, 262.1 ‘‘Independent requirement’’, 262.10(a) introductory paragraph, 262.10(a)(1)–(3), 262.10(b), 

262.10(d), 262.10(g)(1)–(2), 262.10(j) [Reserved], 262.10(l) introductory paragraph, 

262.10(l)(1)–(2), 262.11 introductory paragraph, 262.11(a)–(g), 262.12 [Reserved], 262.13 

through 262.18(b), 262.18(c), 262.18(d)–(e), 262.19(b)–(d), 262.32(b) introductory paragraph, 

262.32(b)(1)–(5), 262.32(c)–(d), 262.34 [Reserved], 262.35, 262.40(c), 262.41 introductory 

paragraph, 262.41(j), 262.43, 262.44 [Reserved], Subsections I and J [Reserved], 262.200 

‘‘Central accumulation area’’ [Removed], 262.200 ‘‘Trained professional’’, 262.201(a)–(b), 

262.202(a)–(b), 262.203(a)–(b)(2), 262.204(a), 262.206(b)(3)(iii), 262.207(d)(2), 

262.208(a)(1)–(2), 262.208(d)(2) introductory paragraph, 262.208(d)(2)(i)–(ii), 262.209(b), 

262.210(a), 262.210(b)(3), 262.210(d)(2), 262.211(c), 262.211(d), 262.211(e)(3), 262.212(d), 

262.213(a)(1)–(3), 262.213(b)(2), 262.214(b)(5), 262.216(a)–(b), 262 Subsection L, 262 Subsection M, 263.12(a)–(b)(2), 264.1(g)(1), 264.1(g)(3), 264.15(b)(4), 264.15(b)(4) Comment 

[Removed], 264.71(c), 264.71(c) Comment [Removed], 264.75, 264.170, 264.170 Comment, 

264.174, 264.191(a), 264.195(e) [Reserved], 264.1030(b)(2), 264.1050(b)(3), 264.1101(c)(4), 

265.1(c)(5), 265.1(c)(7), 265.15(b)(4), 265.15(b)(5) [Removed], 265.71(c), 265.71(c) Comment 

[Removed], 265.75, 265.174, 265.174 Comment [Removed], 265.195(d) [Reserved], 265.201 

[Reserved], 265.1030(b)(2), 265.1030(b)(3), 265.1050, 265.1101(c)(4), 266.80(a), 266.255(a), 

267.71(c), 268.1(e)(1), 268.7(a)(5), 268.50(a)(1), 268.50(a)(i) introductory paragraph, 

268.50(a)(2)(i)(A)–(D), 270.1(a)(3), 270.1(c)(2) introductory paragraph, 270.1(c)(2)(i)–(ii), 

270.42(l) [Reserved], Item O.1 of 270.42 Appendix I [Reserved], 273.8(a)(2), 273.81(b), 

279.10(b)(3). 

Note: The following provisions are more stringent: 261.6(c)(2)(iv), 262.18(c), 262.19(b)–(d), 

262.41 introductory paragraph, 264.75, 264.191(a) and 265.75. 

RCRA Cluster XXVI 

10. Confidentiality Determinations for Hazardous Waste 

Export and Import Document. 

(Checklist 238).

83 FR 60894, December 26, 

2017.

APC&EC Rule No. 23, Sections 260.2(b), 260.2(d)(1)–(2), 261.39(a)(5)(iv), 262.83(b)(5), 

262.83(f)(9), 262.84(b)(4), 262.84(f)(8). 

11. Hazardous Waste Electronic 

Manifest User Fee Rule. 

(Checklist 239).

83 FR 420, January 3, 2018 ..... APC&EC Rule No. 23, Sections 260.4, 260.5, 262.20(a)(1)–(2), 262.21(f)(5)–(8), 262.24(c) introductory paragraph, 262.24(c)(1)–(2), 262.24(e), 262.24(g) [Reserved], 262.24(h), 262 Appendix [Removed], 263.20(a)(9), 263.21(a) introductory paragraph, 263.21(a)(1)–(4), 

263.21(b)(1)–(4), 263.21(c) introductory paragraph, 263.21(c)(1)–(2), 264.71(a)(2) introductory 

paragraph, 264.71(a)(2)(i)–(vi), 264.71(k) introductory paragraph, 264.71(k)(1)–(2), 264.71(m) 

introductory paragraph, 264.71(m)(1), 264.71(m)(2) introductory paragraph, 264.71(m)(2)(i)– 

(iii), 264.71(m)(3), 264.71(m)(3)(i)–(ii), 264.71(m)(4)–(5), 264.1086(c)(4)(i), 264.1086(d)(4)(i), 

265.71(a)(2) introductory paragraph, 265.71(a)(2)(i)–(vi), 265.71(k) introductory paragraph, 

265.71(k)(1)–(2), 265.71(m) introductory paragraph, 265.71(m)(1), 265.71(m)(2) introductory 

paragraph, 265.71(m)(2)(i)–(iii), 265.71(m)(3), 265.71(m)(3)(i)–(ii), 265.71(m)(4)–(5), 

265.1087(c)(4)(i), 265.1087(d)(4)(i). 

G. Where are the revised State rules 

different from the Federal rules? 

1. Evaluation and Analysis on When 

State Regulations Are More Stringent or 

Broader in Scope Than the Federal 

Regulations 

Under 40 CFR 271.1(i), EPA allows 

states to (1) adopt and enforce 

requirements which are more stringent 

or more extensive than those required 

by the federal RCRA program, and (2) 

operate a program with a greater scope 

of coverage than that required by the 

federal program. To determine whether 

particular state provisions are more 

stringent or broader in scope, EPA uses 

the December 23, 2014, guidance 

document: ‘‘Determining Whether State 

Hazardous Waste Requirements are 

More Stringent (MS) or Broader in 

Scope (BIS) than the Federal RCRA 

Program.’’ 2 In the guidance document, 

EPA uses a two-part test to determine if 

state regulations are MS or BIS. The 

two-part test requires that the following 

questions be answered sequentially: 

a. Does imposition of the particular 

state requirement increase the size of 

the regulated community or universe of 

wastes beyond what is covered by the 

federal program through either directly 

enforceable requirements or certain 

conditions for exclusion? 

b. Does the particular requirement 

under review have a counterpart in the 

federal regulatory program? 

If the answer to the first part of the 

test is yes, then the state requirement is 

generally considered broader in scope. If 

the answer is no, then EPA uses the 

second part of the test to determine 

whether the state requirement is more 

stringent or broader in scope. If the state 

requirement has a counterpart in the 

federal program, the state requirement is 

classified as more stringent. However, if 

the state requirement does not have a 


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3EPA issued a final rule referred to as the 

Transfer Base Exclusion reflecting the Court’s 

ruling, see 83 FR 24664 (May 30, 2018). 

4The Federal Register citation for the ‘‘2015 DSW 

rule’’ is 80 FR 1694, January 13, 2015, and for the 

‘‘2008 DSW rule’’ is 73 FR 64668, October 30, 2008. 

counterpart, it is classified as broader in 

scope. 

State provisions that are broader in 

scope are not part of the federally 

authorized program and thus, are not 

federally enforceable. 

2. Arkansas Requirements That Are 

Broader in Scope Than the Federal 

Program 

DEQ has adopted the Revisions to the 

Definition of Solid Waste (DSW) Rule 

published on January 13, 2015 (80 FR 

1694), as amended by the DSW final 

rule published on May 30, 2018 (83 FR 

24664) (2018 DSW rule). However, 

Arkansas has retained certain provisions 

from the federal 2015 DSW provisions 

that were vacated by the Court of 

Appeals for the District of Columbia 

Circuit, Am. Petroleum Inst. v. EPA, 862 

F.3d 50 (D.C. Cir. 2017) and Am. 

Petroleum Inst. v. EPA, 883F.3d 918 

(D.C. Cir. 2018), and which have been 

removed from the federal regulations by 

the 2018 DSW Rule. The Court vacated 

certain aspects of the 2015 federal DSW 

rule and replaced them with provisions 

from the 2008 DSW rule, see 73 FR 

64668 (October 30, 2008). Specifically, 

the Court (1) vacated the federal 2015 

verified recycler exclusion for 

hazardous waste that is recycled off-site 

(except for certain provisions) (40 CFR 

261.4(a)(24)) and the associated 

provisions at 40 CFR 260.30(f) and 

260.31(d); (2) reinstated the transferbased exclusion at 261.4(a)(24) and (25) 

from the 2008 rule to replace the now 

vacated 2015 verified recycler 

exclusion; (3) vacated Factor 4 of the 

2015 definition of legitimate recycling 

in its entirety (40 CFR 260.43(a)(4)); and 

(4) at 40 CFR 260.43(b), reinstated the 

2008 version of Factor 4 at 40 CFR 

260.43(c)(2) to replace the now-vacated 

2015 version of Factor 4. 

In the State’s adoption of the 2018 

DSW rule, Arkansas has (1) retained the 

2015 verified recycler exclusion by 

adopting an analog to 40 CFR 260.31(d), 

which addresses a variance from 

classifying as a solid waste those 

secondary materials that are transferred 

for reclamation under 40 CFR 

261.4(a)(24); (2) replaced the federal 

reference to ‘‘any person’’ in the 

introductory paragraph of 40 CFR 

261.4(a)(24) with ‘‘verified reclamation 

facility’’; and (3) adopted the vacated 

Factor 4 of the 2015 definition of 

legitimate recycling (260.43(a)(4)), as 

well as the 2015 DSW provision at 

261.4(a)(23)(ii)(E)) which requires that 

documentation of the legitimacy 

determination must be a written 

description of how the recycling meets 

all four factors in § 260.43(a). 

In order to determine whether the 

State of Arkansas regulations are more 

stringent or broader in scope than the 

federal RCRA program, EPA used the 

two-part test described in Section G.1. 

With respect to the first test, Arkansas 

regulates the same size of the regulated 

community and the same universe of 

hazardous secondary materials as the 

federal RCRA program. With respect to 

the second test, EPA has determined 

that the following State of Arkansas 

provisions from the 2015 federal DSW 

rule are broader in scope: (1) APC&CE 

Rule No. 23 sections 260.31(d) and the 

introductory paragraph of 261.4(a)(24) 

with respect to the verified recycler 

exclusion and (2) APC&CE Rule No. 23 

section 260.43(a)(4) and the reference to 

the four factors at section 

261.4(a)(23)(ii)(E) with respect to Factor 

4 definition of legitimate recycling. 

Due to the vacatur of certain 2015 

federal DSW provisions and the 

reinstatement of 2008 federal DSW 

provisions, EPA’s regulations do not 

include the provisions that were vacated 

by the Court 3 Arkansas has adopted 

selected vacated provisions, including 

the vacated 2015 DSW Factor 4 in the 

definition of legitimate recycling of 

hazardous secondary material and the 

verified recycler exclusion.4 As a result 

of the federal vacatur, the Arkansas 

provisions at Rule No. 23 sections 

260.31(d), 260.43(a)(4), the reference to 

‘‘four factors’’ in 261.4(a)(23)(ii)(E) and 

the reference to ‘‘verified reclamation 

facility’’ in the introductory paragraph 

of 261.4(a)(24) have no direct analogs in 

the federal regulations. EPA’s December 

23, 2014, guidance supports this 

conclusion. On page 6 of our December 

guidance, EPA provides that, ‘‘. . . if a 

state adopts a federal solid or hazardous 

waste exclusion, but adds additional 

conditions that must be met for the state 

exclusion to apply, those additional 

conditions would be considered outside 

the scope of the federal program and 

would not be part of the federally 

authorized program, although the entity 

would still be subject to federal 

enforcement regarding the part of the 

state regulations which track the federal 

conditions.’’ Arkansas’ program 

effectively contains additional 

conditions that must be met for the 

exclusion to apply. This makes the 

State’s additional provisions broader in 

scope and not part of the federally 

authorized program, see 40 CFR part 

271.1(i)(2). 

The DEQ provisions that are broader 

in scope than the federal regulations are 

not part of the program being proposed 

to be authorized by this proposed 

action. EPA cannot enforce 

requirements that are broader in scope, 

although compliance with such 

provisions is required by DEQ law. For 

the purposes of RCRA section 3009, the 

Agency has determined that the broader 

in scope provisions are more protective/ 

stricter, thus being within the State’s 

authority to maintain them as part of the 

State’s RCRA program. We make this 

determination due to the fact that the 

broader in scope provisions in DEQ’s 

verified recycler exclusion require 

additional conditions to be met in order 

to qualify for the exclusion when 

compared to the reinstated transferbased exclusion found in 83 FR 24664 

(May 30, 2018). 

3. Arkansas Requirements That Are 

More Stringent Than the Federal 

Program 

The Arkansas hazardous waste 

program that is proposed for 

authorization contains several 

provisions which are more stringent 

than the Federal RCRA program. The 

more stringent provisions will be 

recognized as a part of the Federallyauthorized program and will be 

Federally enforceable. The specific more 

stringent provisions are noted in the 

chart above and in the State’s 

authorization application, and include 

the following: 

1. Arkansas’ Rule No. 23 section 

261.4(a)(24)(v)(C)(3) requires the 

generator’s certification statement to 

include the type and quantity of 

hazardous secondary material in a 

shipment. The Federal rules do not 

require this information to be included 

in the generator’s certification 

statement. 

2. Arkansas is more stringent because 

the State requires annual reporting 

rather than Federal biennial reporting at 

the following citations: 

a. Rule No. 23 section 261.6(c)(2)(iv) 

requires owners and operators of 

facilities that recycle materials without 

storing them before they are recycled to 

meet the annual reporting requirements 

at Rule No. 23 section 265.75, rather 

than the federal biennial reporting 

requirement at 40 CFR 265.75. 

b. The introductory paragraph of Rule 

No. 23 section 262.41 requires that 

generators submit annual rather than 

biennial reports. 

c. Rule No. 23 sections 264.75 and 

265.75 require that an owner or operator 

of treatment, storage or disposal facility 


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must submit annual rather than biennial 

reports. 

3. Rule No. 23 section 264.191(a) 

restricts those engineers who can 

inspect or certify a tank system’s 

integrity to those registered in Arkansas, 

and independent from the facility 

owner/operator. The Federal 

requirements allow registration in any 

State. 

4. Rule No. 23 section 262.19(b)–(d) 

subject very small quantity generators to 

additional requirements not found in 

the Federal regulations. The additional 

requirements include the following: 

a. Very small quantity generators must 

manifest hazardous waste in accordance 

with Rule 23, Section 262 Subsection B 

(Manifest Requirements Applicable to 

Small and Large Quantity Generators). 

(b) Very small quantity generators 

must keep hazardous waste containers 

closed except when adding or removing 

waste. 

(c) Very small quantity generators 

must keep hazardous waste containers 

in good condition. If a hazardous waste 

container is not in good condition, or if 

it begins to leak, the very small quantity 

generator must immediately transfer the 

hazardous waste from this container to 

a container that is in good condition, or 

immediately manage the waste in some 

other way that complies with this 

requirement. 

4. Arkansas Requirements That Are 

Broader in Scope Than the Federal 

Program 

In Rule 23, section 262.19(a) of the 

hazardous waste program that is 

proposed for authorization, Arkansas 

requires all generators to use a 

transporter that is permitted by the 

Arkansas Department of Transportation 

for the transportation of hazardous 

waste. The Arkansas provision is 

broader in scope because the Federal 

program does include transporter 

permits. EPA cannot enforce State 

requirements that are broader in scope, 

although compliance with such 

provisions is required by DEQ law. 

H. 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. EPA will not 

issue any more new permits or new 

portions of permits for the provisions 

listed in Table 1 in this document after 

the effective date of this authorization. 

The EPA will continue to implement 

and issue permits for HSWA 

requirements for which Arkansas is not 

yet authorized. 

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. 

J. 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. 

K. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action (RCRA 

State Authorization) from the 

requirements of Executive Orders 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011). 

Therefore, this action is not subject to 

review by OMB. This action proposes to 

authorize State requirements for the 

purpose of RCRA 3006, and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, 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 proposed to 

authorize 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 proposed 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 proposes to authorize 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 proposed 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 proposed 

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 proposed 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 proposed 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.). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 


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Because this rule proposed to authorize 

pre-existing State rules which are at 

least equivalent to, and no less stringent 

than existing federal requirements, and 

imposes no additional requirements 

beyond those imposed by State law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, the proposed rule is not subject 

to Executive Order 12898. 

List of Subjects in 40 CFR Parts 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: June 4, 2021. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2021–12238 Filed 6–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 721 and 725 

[EPA–HQ–OPPT–2020–0588; FRL–10022– 

56] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (21–1.5e) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing significant 

new use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 

chemical substances that were the 

subject of premanufacture notices 

(PMNs) and a Microbial Commercial 

Activity Notice (MCAN), and are also 

subject to Orders issued by EPA 

pursuant to TSCA. The SNURs require 

persons who intend to manufacture 

(defined by statute to include import) or 

process any of these chemical 

substances for an activity that is 

proposed as a significant new use by 

this rule to notify EPA at least 90 days 

before commencing that activity. The 

required notification initiates EPA’s 

evaluation of the use, under the 

conditions of use for that chemical 

substance, within the applicable review 

period. Persons may not commence 

manufacture or processing for the 

significant new use until EPA has 

conducted a review of the notice, made 

an appropriate determination on the 

notice, and has taken such actions as are 

required by that determination. 

DATES: Comments must be received on 

or before July 12, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2020–0588, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: William 

Wysong, New Chemicals Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–4163; email address: 

wysong.william@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substances 

contained in this proposed rule. The 

following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import provisions 

promulgated at 19 CFR 12.118 through 

12.127 and 19 CFR 127.28. Chemical 

importers must certify that the shipment 

of the chemical substance complies with 

all applicable rules and Orders under 

TSCA, which would include the SNUR 

requirements should these proposed 

rules be finalized. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, pursuant to 40 CFR 721.20 or 

40 CFR 725.920 (for the microorganism), 

any persons who export or intend to 

export a chemical substance that is the 

subject of this proposed rule on or after 

July 12, 2021 are subject to the export 

notification provisions of TSCA section 

12(b) (15 U.S.C. 2611(b)) (see 40 CFR 

721.20), and must comply with the 

export notification requirements in 40 

CFR part 707, subpart D. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

A. What action is the Agency taking? 

EPA is proposing these SNURs under 

TSCA section 5(a)(2) (15 U.S.C. 

2604(a)(2)) for chemical substances that 

were the subject of PMNs and an 

MCAN. These proposed SNURs would 

require persons to notify EPA at least 90 

days before commencing the 

manufacture or processing of any of 

these chemical substances for an 

activity proposed as a significant new 

use. Receipt of such notices would 

allow EPA to assess risks and, if 

appropriate, to regulate the significant 

new use before it may occur. 


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