Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43185 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–2016–0680; FRL–9966–55– 

Region 6] 

Arkansas: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of Approved State 

Hazardous Waste Management 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: During a review of Arkansas’ 

regulations, the Environmental 

Protection Agency (EPA) identified 

State-initiated changes to its hazardous 

waste program under the Resource 

Conservation and Recovery Act (RCRA). 

We have determined that these changes 

are minor and satisfy all requirements 

needed to qualify for final authorization 

and are authorizing the State-initiated 

changes through this direct final action. 

DATES: This regulation is effective 

November 13, 2017, unless the EPA 

receives adverse written comment on 

this regulation by the close of business 

October 16, 2017. If the EPA receives 

such comments, it will publish a timely 

withdrawal of this direct final rule in 

the Federal Register informing the 

public that this rule will not take effect. 

The Director of the Federal Register 

approves the incorporation by reference 

of certain publications listed in the rule 

as of November 13, 2017 in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

RCRA–2016–0680 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, 

RCRA Permit Section (RPM), 

Multimedia 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, RCRA Permit Section 

(RPM), Multimedia Division, EPA 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–RCRA–2016– 

0680. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at http://

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 Confidential Business 

Information (CBI) or otherwise protected 

through http://www.regulations.gov or 

email. The Federal http://

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, the EPA 

may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

You can view and copy the 

documents that form the basis for this 

authorization and codification and 

associated publicly available materials 

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

through Friday at the following location: 

EPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, Phone 

number (214) 665–8533. 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, EPA Region 6 Regional 

Authorization Coordinator, RCRA 

Permit Section (RPM), Multimedia 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

Phone number: (214) 665–8533 Email 

address: patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Solid Waste Disposal Act, as 

amended, commonly referred to as the 

Resource Conservation and Recovery 

Act (RCRA), allows the EPA to authorize 

States to operate their hazardous waste 

management programs in lieu of the 

Federal program. The EPA uses the 

regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. This 

rule also codifies in the regulations the 

prior approval of Arkansas’ hazardous 

waste management program and 

incorporates by reference authorized 

provisions of the State’s statutes and 

regulations. 

The EPA is publishing this rule to 

authorize the State-initiated changes 

and incorporate by reference the State’s 

hazardous waste program without a 

prior proposal because we believe these 

actions are not controversial and do not 

expect comments that oppose them. 

Unless we receive written comments 

which oppose the authorization in this 

codification document during the 

comment period, the decision to 

authorize Arkansas’ State-initiated 

changes to its hazardous waste program 

will take effect. If we receive comments 

that oppose the authorization, 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 State-initiated changes. 

II. Authorization of State-Initiated 

Changes 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

hazardous waste program. As the 

Federal program changes, the States 

must change their programs and ask the 

EPA to authorize the changes. Changes 

to State hazardous waste programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

States can also initiate their own 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What decisions have we made in this 

rule? 

We conclude that Arkansas’ revisions 

to its authorized program meet all of the 


rmajette on DSKBCKNHB2PROD with RULES
43186 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

statutory and regulatory requirements 

established by RCRA. We found that the 

State-initiated changes make Arkansas’ 

rules more clear or conform more 

closely to the Federal equivalents and 

are so minor in nature that a formal 

application is unnecessary. Therefore, 

we grant Arkansas final authorization to 

operate its hazardous waste program 

with the changes described in the table 

at Section G below. Arkansas has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders (except in Indian 

Country) and for carrying out all 

authorized aspects of the RCRA 

program, subject to the limitations of the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, the EPA will 

implement those requirements and 

prohibitions in Arkansas, including 

issuing permits, until the State is 

granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in Arkansas subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Arkansas 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

statutes and regulations for which 

Arkansas is being authorized by this 

direct final action are already effective 

and are not changed by this action. 

D. Why wasn’t there a proposed rule 

before this rule? 

The EPA did not publish a proposal 

before this rule because we view this as 

a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the Proposed 

Rules section of this Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if EPA receives 

comments opposing this action? 

If the EPA receives comments that 

oppose the authorization of the Stateinitiated changes in this codification 

document, we will withdraw this rule 

by publishing a timely document in the 

Federal Register before the rule 

becomes effective. The EPA will base 

any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

Federal Register document. You may 

not have another opportunity to 

comment, therefore, if you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

may withdraw only that part of this 

rule, but the authorization of the 

program changes that the comments do 

not oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

of the State program will become 

effective and which part is being 

withdrawn. 

In addition to the authorization of the 

rules described above in this document, 

the purpose of this Federal Register 

document is to codify Arkansas’ base 

hazardous waste management program 

and its revisions to that program. The 

EPA has already provided notices and 

opportunity for comments on the 

Agency’s decisions to codify the 

Arkansas program, and the EPA is not 

now reopening the decisions, nor 

requesting comments, on the Arkansas 

authorization as published in the 

Federal Register documents in Section 

I.F. of this preamble. 

F. For 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; and August 11, 2016. 

(81 FR 53025), effective October 11, 

2016. 

G. What changes are we authorizing 

with this action? 

The State has made amendments to 

the provisions listed in the table which 

follows. These amendments clarify the 

State’s regulations and make the State’s 

regulations more internally consistent. 

The State’s laws and regulations, as 

amended by these provisions, provide 

authority which remains equivalent to 

and no less stringent than, and not 

broader in scope than the Federal laws 

and regulations. These State-initiated 

changes satisfy the requirements of 40 

CFR 271.21(a). We are granting 

Arkansas final authorization to carry out 

the following provisions of the State’s 

program in lieu of the Federal program. 

These provisions are analogous to the 

indicated RCRA regulations found at 40 

CFR as of July 1, 2014. The Arkansas 

provisions are from the Arkansas 

Pollution Control and Ecology (APC&E) 

Commission Regulation No. 23, 

Hazardous Waste Management, adopted 

on September 25, 2015, effective 

October 18, 2015. 

State requirement 

(APC&E Regulation No. 23) 

Analogous Federal requirement 

(40 CFR) 

262.13(f) ................................................................................................... No direct Federal analog; 262 related. 

262.26(a) .................................................................................................. No direct Federal analog; 262 related. 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43187 

State requirement 

(APC&E Regulation No. 23) 

Analogous Federal requirement 

(40 CFR) 

262.26(b) .................................................................................................. No direct Federal analog; related to 262 and 263.30. 

262.26(c) ................................................................................................... No direct Federal analog; 262 related. 

262.26(e) .................................................................................................. No direct Federal analog; 262 related. 

262.26(f) ................................................................................................... No direct Federal analog; 262 related. 

262.26(g) .................................................................................................. No direct Federal analog; related to 262, Subpart E, 263.20(g)(4), 

264.12(a), and 265.55. 

262.32(b) .................................................................................................. 262.32(b). 

262.34(j) .................................................................................................... 262.34(m). 

262.35(a)(2) .............................................................................................. 261.5 related. 

262.41 introductory paragraph–(d) and (g)–(i) ......................................... 262.41(a) intro.–(a)(4) and (a)(6)–(a)(8). 

262.54(c) ................................................................................................... 262.54(c). 

262, Appendix I ........................................................................................ 262, Appendix I. 

264.75(g)–(j) ............................................................................................. 264.75(g)–(j). 

264.316(b) ................................................................................................ 264.316(b). 

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

265.75(g)–(j) ............................................................................................. 265.75(g)–(j). 

265.147(a)(1)(i) & (ii) ................................................................................ 265.147(a)(1)(i) & (ii).

265.316(b) ................................................................................................ 265.316(b). 

H. Who handles permits after the 

authorization takes effect? 

This authorization does not affect the 

status of State permits and those permits 

issued by the EPA because no new 

substantive requirements are a part of 

these revisions. 

I. How does this action affect Indian 

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

Arkansas is not authorized to carry 

out its Hazardous Waste Program in 

Indian Country within the State. This 

authority remains with EPA. Therefore, 

this action has no effect in Indian 

Country. 

III. Incorporation by Reference 

A. What is codification? 

Codification is the process of placing 

a State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste management program 

into the CFR. Section 3006(b) of RCRA, 

as amended, allows the EPA to 

authorize State hazardous waste 

management programs to operate in lieu 

of the Federal hazardous waste 

management regulatory program. The 

EPA codifies its authorization of State 

programs in 40 CFR part 272 and 

incorporates by reference State statutes 

and regulations that the EPA will 

enforce under sections 3007 and 3008 of 

RCRA and any other applicable 

statutory provisions. 

The incorporation by reference of 

State authorized programs in the CFR 

should substantially enhance the 

public’s ability to discern the current 

status of the authorized State program 

and State requirements that can be 

Federally enforced. This effort provides 

clear notice to the public of the scope 

of the authorized program in each State. 

B. What is the history of codification of 

Arkansas’ hazardous waste 

management program? 

The EPA incorporated by reference 

Arkansas’ then authorized hazardous 

waste program effective December 13, 

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

FR 32112), August 27, 2010 (75 FR 

36538), December 1, 2014 (79 FR 

59438), and March 29, 2016 (81 FR 

4961). Note that at 79 FR 59443, the 

State agency acronym should be 

referenced as ‘‘(ADEQ)’’ with regard to 

the State’s Memorandum of Agreement 

with the EPA. In this document, the 

EPA is revising subpart E of 40 CFR part 

272 to include the authorization 

revision actions effective October 11, 

2016 (81 FR 53025). 

C. What codification decisions have we 

made in this rule? 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Arkansas rules described in the 

amendments to 40 CFR part 272 set 

forth below. The EPA has made, and 

will continue to make, these documents 

available electronically through http://

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

The purpose of this Federal Register 

document is to codify Arkansas’ base 

hazardous waste management program 

and its revisions to that program. The 

document incorporates by reference 

Arkansas’ hazardous waste statutes and 

regulations and clarifies which of these 

provisions are included in the 

authorized and Federally enforceable 

program. By codifying Arkansas’ 

authorized program and by amending 

the CFR, the public will be more easily 

able to discern the status of Federally 

approved requirements of the Arkansas 

hazardous waste management program. 

The EPA is not requesting comments on 

its decisions published in the Federal 

Register documents referenced in 

Section I.F of this preamble concerning 

revisions to the authorized program in 

Arkansas. 

The EPA is incorporating by reference 

the Arkansas authorized hazardous 

waste management program in subpart E 

of 40 CFR part 272. Section 272.201 

incorporates by reference Arkansas’ 

authorized hazardous waste statutes and 

regulations. Section 272.201 also 

references the statutory provisions 

(including procedural and enforcement 

provisions) which provide the legal 

basis for the State’s implementation of 

the hazardous waste management 

program, the Memorandum of 

Agreement, the Attorney General’s 

Statements, and the Program 

Description, which are approved as part 

of the hazardous waste management 

program under Subtitle C of RCRA. 

D. What is the effect of Arkansas’ 

codification on enforcement? 

The EPA retains its authority under 

statutory provisions, including but not 

limited to, RCRA sections 3007, 3008, 

3013, and 7003, and other applicable 

statutory and regulatory provisions to 

undertake inspections and enforcement 

actions and to issue orders in authorized 

States. With respect to these actions, the 

EPA will rely on Federal sanctions, 

Federal inspection authorities, and 

Federal procedures rather than any 

authorized State analogues to these 

provisions. Therefore, the EPA is not 

incorporating by reference such 

particular, approved Arkansas 


rmajette on DSKBCKNHB2PROD with RULES
43188 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

procedural and enforcement authorities. 

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

statutory and regulatory provisions 

which provide the legal basis for the 

State’s implementation of the hazardous 

waste management program, as well as 

those procedural and enforcement 

authorities that are part of the State’s 

approved program, but these are not 

incorporated by reference. 

E. What State provisions are not part of 

the codification? 

The public needs to be aware that 

some provisions of Arkansas’ hazardous 

waste management program are not part 

of the Federally authorized State 

program. These non-authorized 

provisions include: 

(1) Provisions that are not part of the 

RCRA subtitle C program because they 

are ‘‘broader in scope’’ than RCRA 

subtitle C (see 40 CFR 271.1(i)); 

(2) Federal rules for which Arkansas 

is not authorized, but which have been 

incorporated into the State regulations 

because of the way the State adopted 

Federal regulations by reference; 

(3) Unauthorized amendments to 

authorized State provisions; 

(4) New unauthorized State 

requirements; and 

(5) Federal rules for which Arkansas 

is authorized but which were vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 08– 

1144, June 27, 2014). 

State provisions that are ‘‘broader in 

scope’’ than the Federal program are not 

part of the RCRA authorized program 

and the EPA will not enforce them. 

Therefore, they are not incorporated by 

reference in 40 CFR part 272. For 

reference and clarity, 40 CFR 

272.201(c)(3) lists the Arkansas 

regulatory provisions which are 

‘‘broader in scope’’ than the Federal 

program and which are not part of the 

authorized program being incorporated 

by reference. ‘‘Broader in scope’’ 

provisions cannot be enforced by the 

EPA; the State, however, may enforce 

such provisions under State law. 

Additionally, Arkansas’ hazardous 

waste regulations include amendments 

which have not been authorized by the 

EPA. Since the EPA cannot enforce a 

State’s requirements which have not 

been reviewed and authorized in 

accordance with RCRA section 3006 and 

40 CFR part 271, it is important to be 

precise in delineating the scope of a 

State’s authorized hazardous waste 

program. Regulatory provisions that 

have not been authorized by the EPA 

include amendments to previously 

authorized State regulations as well as 

certain Federal rules and new State 

requirements. 

Arkansas has adopted but is not 

authorized for the following Federal 

rules published in the Federal Register 

on July 15, 1985 (50 FR 28702), April 

12, 1996 (61 FR 16290), and January 8, 

2010 (75 FR 1236). Therefore, these 

Federal amendments included in 

Arkansas’ regulations, are not part of the 

State’s authorized program and are not 

part of the incorporation by reference 

addressed by this Federal Register 

action. 

Arkansas has adopted and was 

authorized for the Federal Exclusion of 

Oil-Bearing Secondary Materials 

Processed in a Gasification System to 

Produce Synthesis Gas rule which has 

since been vacated by the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Cir. No. 08–1144; June 27, 

2014): The gasification exclusion rule 

was published on January 2, 2008 (73 

FR 57) and added 40 CFR 260.10 

‘‘Gasification’’ and revised 40 CFR 

261.4(a)(12)(i). 

State regulations that are not 

incorporated by reference in this action 

at 40 CFR 272.201(c)(1), or that are not 

listed in 40 CFR 272.201(c)(2) (‘‘legal 

basis for the State’s implementation of 

the hazardous waste management 

program’’), 40 CFR 272.201(c)(3) 

(‘‘broader in scope’’), or 40 CFR 

272.201(c)(4) (‘‘unauthorized State 

amendments’’), are considered new 

unauthorized State requirements. These 

requirements are not Federally 

enforceable. 

With respect to any requirement 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) for 

which the State has not yet been 

authorized, the EPA will continue to 

enforce the Federal HSWA standards 

until the State is authorized for these 

provisions. 

F. What will be the effect of Federal 

HSWA requirements on the 

codification? 

The EPA is not amending 40 CFR part 

272 to include HSWA requirements and 

prohibitions that are implemented by 

the EPA. Section 3006(g) of RCRA 

provides that any HSWA requirement or 

prohibition (including implementing 

regulations) takes effect in authorized 

and not authorized States at the same 

time. A HSWA requirement or 

prohibition supersedes any less 

stringent or inconsistent State provision 

which may have been previously 

authorized by the EPA (50 FR 28702, 

July 15, 1985). The EPA has the 

authority to implement HSWA 

requirements in all States, including 

authorized States, until the States 

become authorized for such requirement 

or prohibition. Authorized States are 

required to revise their programs to 

adopt the HSWA requirements and 

prohibitions, and then to seek 

authorization for those revisions 

pursuant to 40 CFR part 271. 

Instead of amending the 40 CFR part 

272 every time a new HSWA provision 

takes effect under the authority of RCRA 

section 3006(g), the EPA will wait until 

the State receives authorization for its 

analog to the new HSWA provision 

before amending the State’s 40 CFR part 

272 incorporation by reference. Until 

then, persons wanting to know whether 

a HSWA requirement or prohibition is 

in effect should refer to 40 CFR 271.1(j), 

as amended, which lists each such 

provision. 

Some existing State requirements may 

be similar to the HSWA requirement 

implemented by the EPA. However, 

until the EPA authorizes those State 

requirements, the EPA can only enforce 

the HSWA requirements and not the 

State analogs. The EPA will not codify 

those State requirements until the State 

receives authorization for those 

requirements. 

IV. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

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

and therefore this action is not subject 

to review by OMB. This rule 

incorporates by reference Arkansas’ 

authorized hazardous waste 

management regulations and imposes 

no additional requirements beyond 

those imposed by State law. 

Accordingly, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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

rule merely incorporates by reference 

certain existing State hazardous waste 

management program requirements 

which the EPA already approved under 

40 CFR part 271, and with which 

regulated entities must already comply, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

incorporates by reference existing State 

hazardous waste management program 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43189 

requirements without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also does not have 

Tribal implications within the meaning 

of Executive Order 13175 (65 FR 67249, 

November 6, 2000). 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

The requirements being codified are 

the result of Arkansas’ voluntary 

participation in the EPA’s State program 

authorization process under RCRA 

Subtitle C. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

apply. As required by section 3 of 

Executive Order 12988 (61 FR 4729, 

February 7, 1996), in issuing this rule, 

the EPA has taken the necessary steps 

to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. The EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

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

12898 (59 FR 7629, Feb. 16, 1994) 

establishes Federal executive policy on 

environmental justice. Because this rule 

codifies 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 rule 

is not subject to Executive Order 12898. 

The Congressional Review Act, 5 

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

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

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

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

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

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

List of Subjects 

40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 272 

Environmental protection, Hazardous 

materials transportation, Hazardous 

waste, Incorporation by reference, 

Intergovernmental relations, Water 

pollution control, Water supply. 

Authority: This rule is issued under the 

authority of Sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

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

Dated: July 27, 2017. 

Samuel Coleman, 

Acting Regional Administrator Region 6. 

For the reasons set forth in the 

preamble, under the authority at 42 

U.S.C. 6912(a), 6926, and 6974(b), EPA 

is granting final authorization under 40 

CFR part 271 to the State of Arkansas for 

revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act and is 

amending 40 CFR part 272 as follows. 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 1. The authority citation for part 272 

continues to read as follows: 

Authority: Sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended by the Resource Conservation and 

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

6926, and 6974(b). 

■ 2. Revise § 272.201 to read as follows: 

§ 272.201 Arkansas State-administered 

program: Final authorization. 

(a) History of the State of Arkansas 

authorization. Pursuant to section 

3006(b) of RCRA, 42 U.S.C. 6926(b), the 

EPA granted Arkansas final 

authorization for the following elements 

as submitted to EPA in Arkansas’ Base 

program application for final 

authorization which was approved by 

EPA effective on January 25, 1985. 

Subsequent program revision 

applications were approved effective on 

May 29, 1990; November 18, 1991; 

December 4, 1992; December 21, 1994; 

June 24, 2002; October 15, 2007; August 

27, 2010; October 9, 2012, December 1, 

2014, December 30, 2014, March 29, 

2016, and October 11, 2016, and 

November 13, 2017. 

(b) Enforcement authority. The State 

of Arkansas has primary responsibility 

for enforcing its hazardous waste 

management program. However, EPA 

retains the authority to exercise its 

inspection and enforcement authorities 

in accordance with sections 3007, 3008, 

3013, 7003 of RCRA, 42 U.S.C. 6927, 

6928, 6934, 6973, and any other 

applicable statutory and regulatory 

provisions, regardless of whether the 

State has taken its own actions, as well 

as in accordance with other statutory 

and regulatory provisions. 

(c) State statutes and regulations. (1) 

Incorporation by reference. The 

Arkansas statutes and regulations cited 

in paragraph (c)(1)(i) of this section are 

incorporated by reference as part of the 

hazardous waste management program 

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

6921 et seq. This incorporation by 

reference is approved by the Director of 

the Federal Register in accordance with 

5 U.S.C. 552(a) and 1 CFR part 51. You 

may obtain copies of the Arkansas 

statutes that are incorporated by 

reference in this paragraph from 

LexisNexis, 9443 Springboro Pike, 

Miamisburg, Ohio 45342; Phone: (800) 

833–9844; Web site: http://

www.lexisnexis.com/store/us. Copies of 

the Arkansas regulations that are 

incorporated by reference are available 

from the Arkansas Department of 

Environmental Quality (ADEQ) Web site 

at http://www.adeq.state.ar.us/regs/ 

default.htm or the Public Outreach 

Office, ADEQ, 5301 Northshore Drive, 

North Little Rock, Arkansas 72118– 

5317; Phone number: (501) 682–0923. 

You may inspect a copy at EPA Region 

6, 1445 Ross Avenue, Dallas, Texas 

75202–2733; Phone number: (214) 665– 

8533, or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(i) The binder entitled ‘‘EPAApproved Arkansas Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program’’, dated October 2016. 

(ii) [Reserved] 


rmajette on DSKBCKNHB2PROD with RULES
43190 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

(2) Legal basis. The following 

provisions provide the legal basis for the 

State’s implementation of the hazardous 

waste management program, but they 

are not being incorporated by reference 

and do not replace Federal authorities: 

(i) Arkansas Code of 1987 Annotated 

(A.C.A.), 2011 Replacement, as 

amended by the 2015 Supplement, Title 

4, Business and Commercial Law, 

Chapter 75: Section 4–75–601(4) ‘‘Trade 

Secret’’. 

(ii) Arkansas Code of 1987 Annotated 

(A.C.A.), 2011 Replacement, as 

amended by the 2015 Supplement, Title 

8, Environmental Law, Chapter 1: 

Section 8–1–107. 

(iii) Arkansas Hazardous Waste 

Management Act of 1979, as amended, 

Arkansas Code of 1987 Annotated 

(A.C.A.), 2011 Replacement, as 

amended by the 2015 Supplement, Title 

8, Environmental Law, Chapter 7, 

Subchapter 2: Sections 8–7–204 (except 

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

7–214, 8–7–217, 8–7–218, 8–7–220, 8– 

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

7–225(d), and 8–7–227. 

(iv) Arkansas Resource Reclamation 

Act of 1979, as amended, Arkansas Code 

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

Replacement, as amended by the 2015 

Supplement, Title 8, Environmental 

Law, Chapter 7, Subchapter 3: Sections 

8–7–302(3), 8–7–303 and 8–7–308. 

(vi) Remedial Action Trust Fund Act 

of 1985, as amended, Arkansas Code of 

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

Replacement, as amended by the 2015 

Supplement, Title 8, Environmental 

Law, Chapter 7, Subchapter 5: Sections 

8–7–503(6) and (7), 8–7–505(3), 8–7– 

507, 8–7–508, 8–7–511 and 8–7–512. 

(vii) Arkansas Freedom of Information 

Act (FOIA) of 1967, as amended, 

Arkansas Code of 1987 Annotated 

(A.C.A.), 2011 Replacement, as 

amended by the 2015 Supplement, Title 

25, State Government, Chapter 19: 

Sections 25–19–103(1), 25–19–105, 25– 

19–107. 

(viii) Arkansas Pollution Control and 

Ecology (APC&E) Commission 

Regulation No. 23, Hazardous Waste 

Management, as amended September 

25, 2015, effective October 18, 2015, 

Chapter One; Chapter Two, Sections 1, 

2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) 

through (f), 261 Appendix IX, 270.7(h) 

and (j), 270.10(e)(8), 270.34, 19, Chapter 

Three, Sections 21 and 22; Chapter Five, 

Section 28. 

(ix) Arkansas Pollution Control and 

Ecology (APC&E) Commission, 

Regulation No. 7, Civil Penalties, July 

24, 1992. 

(x) Arkansas Pollution Control and 

Ecology (APC&E) Commission, 

Regulation No. 8, Administrative 

Procedures, February 12, 2009. 

(3) Related legal provisions. The 

following statutory and regulatory 

provisions are broader in scope than the 

Federal program, are not part of the 

authorized program, and are not 

incorporated by reference: 

(i) Arkansas Hazardous Waste 

Management Act, as amended, Arkansas 

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

Replacement, as amended by the 2015 

Supplement, Title 8, Environmental 

Law, Chapter 7, Subchapter 2: Section 

8–7–226. 

(ii) Arkansas Pollution Control and 

Ecology (APC&E) Commission 

Regulation No. 23, Hazardous Waste 

Management, as amended September 

25, 2015, effective October 18, 2015, 

Chapter Two, Sections 6, 262.13(c), 

262.26(d), 263.10(e), 263.13, 264.71(e), 

and 265.71(e). 

(4) Unauthorized State amendments 

and provisions. (i) Arkansas has 

partially or fully adopted, but is not 

authorized to implement, the Federal 

rule listed in the following table. The 

EPA will continue to implement the 

Federal HSWA requirements for which 

Arkansas is not authorized until the 

State receives specific authorization for 

those requirements. 

Federal requirement Federal Register 

reference Publication date 

HSWA Codification Rule—Delisting (HSWA) (Checklist 17B—amendments to 40 CFR 260.22 only) 50 FR 28702 .......... July 15, 1985. 

(ii) The Federal rules listed in the 

following table are not delegable to 

States. Arkansas has adopted these 

provisions and left the authority to the 

EPA for implementation and 

enforcement. 

Federal requirement Federal Register 

reference Publication date 

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

(Checklist 152).

61 FR 16290 .......... April 12, 1996. 

OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 

222).

75 FR 1236 ............ January 8, 2010. 

(5) Vacated Federal rule. Arkansas 

adopted and was authorized for the 

following Federal rule which has since 

been vacated by the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Cir. 08–1144; June 27, 

2014). As a result, the Arkansas 

provisions at Reg. 23, 260.10 

‘‘Gasification’’ and 261.4(a)(12)(i) are no 

longer considered to be part of the 

State’s authorized program. Consistent 

with the Court’s vacatur, EPA removed 

the vacated provisions from the CFR on 

April 8, 2015. 

Federal requirement Federal Register 

reference Publication date 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Non-HSWA) (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and 

amendment to 40 CFR 261.4(a)(12)(i)).

73 FR 57 ................ January 2, 2008. 

(6) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region VI and the State of 

Arkansas, signed by the Executive 

Director of the Arkansas Department of 

Environmental Quality (ADEQ) on June 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43191 

27, 2012, and by the EPA Regional 

Administrator on July 10, 2012, is 

referenced as part of the authorized 

hazardous waste management program 

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

6921 et seq. 

(7) Statement of legal authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of Arkansas on July 9, 1984 and 

revisions, supplements, and addenda to 

that Statement dated September 24, 

1987, February 24, 1989, December 11, 

1990, May 7, 1992 and by the 

Independent Legal Counsel on May 10, 

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

July 31, 1997, December 1, 1997, 

December 12, 2001, July 27, 2006, 

December 12, 2010, October 1, 2012, 

and December 7, 2015 are referenced as 

part of the authorized hazardous waste 

management program under Subtitle C 

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

(8) Program Description. The Program 

Description and any other materials 

submitted as part of the original 

application or as supplements thereto 

are referenced as part of the authorized 

hazardous waste management program 

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

6921 et seq. 

■ 3. Appendix A to part 272 is amended 

by revising the listing for ‘‘Arkansas’’ to 

read as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

Arkansas 

The statutory provisions include: 

Arkansas Hazardous Waste Management 

Act of 1979, as amended, Arkansas Code of 

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

as amended by the 2015 Supplement, Title 8, 

Environmental Law, Chapter 7, Subchapter 2: 

Sections 8–7–202, 8–7–203, 8–7–215, 8–7– 

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

225(a). 

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

2011 Replacement, as amended by the 2015 

Supplement, Title 8, Environmental Law, 

Chapter 10, Subchapter 3: Section 8–10– 

301(d). 

Copies of the Arkansas statutes that are 

incorporated by reference are available from 

LexisNexis, 9443 Springboro Pike, 

Miamisburg, Ohio 45342; Phone: (800) 833– 

9844; Web site: http://www.lexisnexis.com/ 

store/us. 

The regulatory provisions include: 

Arkansas Pollution Control and Ecology 

(APC&E) Commission Regulation No. 23, 

Hazardous Waste Management, as amended 

September 25, 2015 effective October 18, 

2015. Please note that the 2015 APC&E 

Commission Regulation No. 23, is the most 

recent version of the Arkansas authorized 

hazardous waste regulations. For a few 

provisions, the authorized versions are found 

in the APC&E Commission Regulation 23, 

effective January 21, 1996, March 23, 2006, 

June 13, 2010, or August 12, 2012. Arkansas 

made subsequent changes to these provisions 

but these changes have not been authorized 

by EPA. The provisions from the January 21, 

1996, March 23, 2006, June 13, 2010, or 

August 12, 2012 regulations are noted below. 

Chapter Two, Sections 3(b) introductory 

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

Hazardous Waste Management System— 

General—260.1; 260.3; 260.10 (except the 

definitions of ‘‘consolidation’’, 

‘‘gasification’’, and the phrase ‘‘a written 

permit issued by the Arkansas Highway and 

Transportation Department authorizing a 

person to transport hazardous waste 

(Hazardous Waste Transportation Permit), 

or’’ in the definition for ‘‘permit’’; 260.11; 

260.20 (except 260.20(c) through (f); 260.21; 

260.23; 260.30 through 260.33; 260.40; and 

260.41. 

Section 261—Identification and Listing of 

Hazardous Waste –261.1; 261.2; 261.3; 

261.4(a) (except the phrase ‘‘gasification (as 

defined in § 260.10 of this Regulation),’’ in 

261.4(a)(12)(i); 261.4(b) through (h); 261.5; 

261.6 (except (a)(5)); 261.7 through 261.11; 

261.20 through 261.24; 261.30 through 

261.33; 261.35; 261.39 through 261.41; and 

Appendices I, VII, and VIII. 

Section 262—Standards Applicable to 

Generators of Hazardous Waste—262.10 

(except 262.10(d)); 262.11; 262.12; 262.13 

(except 262.13(c)); 262.20; 262.22 through 

262.25; 262.26 (except 262.26(d)); 262.27; 

262.30; 262.31 through 262.35; 262.40; 

262.41 (except 262.41(e) and (f)); 262.41(e) 

(except references to PCBs) (January 21, 

1996); 262.42; 262.43; 262.50 through 262.58; 

262.60 (except 262.60(e)); 262.70; 262.200 

through 262.216; and Appendix I. 

Section 263—Standards Applicable to 

Transporters of Hazardous Waste—263.10 

(except 263.10(d) and (e)); 263.11; 263.12; 

263.20 (except 263.20(g)(4)); 263.21; 263.22; 

263.25; 263.30; and 263.31. 

Section 264—Standards for Owners and 

Operators of Hazardous Waste Treatment, 

Storage, and Disposal Facilities—264.1; 

264.3; 264.4; 264.10; 264.11; 264.12 (except 

264.12(a)(2)); 264.13 through 264.19; 

264.20(a) through (c); 264.30 through 264.35; 

264.37; 264.50 through 264.56; 264.70; 

264.71 (except 264.71(a)(3), (d), and (e)); 

264.72 through 264.74; 264.75; 264.76(a); 

264.77; 264.90 through 264.101; 264.110 

through 264.120; 264.140; 264.141 (except 

the definition of ‘‘captive insurance’’ at 

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

sentence of 264.143(e)(1)); 264.144; 264.145 

(except the last sentence of 264.145(e)(1)); 

264.146; 264.147 (except the last sentences of 

264.147(a)(1)(i) and 264.147(b)(1)(ii)); 

264.148; 264.151; 264.170 through 264.179; 

264.190 through 264.200; 264.220 through 

264.223; 264.226 through 264.232; 264.250 

through 264.254; 264.256 through 264.259; 

264.270 through 264.273; 264.276; 264.278 

through 264.283; 264.300 through 264.304; 

264.309; 264.310; 264.312(a); 264.313; 

264.314; 264.314(a)(4) (June 13, 2010); 

264.315 through 264.317; 264.340 through 

264.345; 264.347; 264.351; 264.550 through 

264.555; 264.570 through 264.575; 264.600 

through 264.603; 264.1030 through 264.1036; 

264.1050 through 264.1065; 264.1080 

through 264.1090; 264.1100 through 

264.1102; 264.1200 through.1202; and 

Appendices I, IV, V, and IX. 

Section 265—Interim Status Standards for 

Owners and Operators of Hazardous Waste 

Treatment, Storage, and Disposal Facilities— 

265.1; 265.4; 265.10; 265.11; 265.12 (except 

265.12(a)(2)); 265.13 through 265.19; 265.30 

through 265.35; 265.37; 265.50 through 

265.56; 265.70; 265.71 (except 265.71(a)(3), 

(d), and (e)); 265.72 through 265.75; 

265.76(a); 265.77; 265.90 through 265.94; 

265.110 through 265.121; 265.140; 265.141 

(except the definition of ‘‘captive insurance’’ 

at 265.141(f)); 265.142; 265.143 (except the 

last sentence of 265.143(d)(1)); 265.144; 

265.145; 265.146; 265.147 (except the last 

sentences of 265.147(a)(1) and 265.147(b)(1)); 

265.148; 265.170 through 265.174; 265.176 

through 265.178; 265.190 through 265.202; 

265.220 through 265.226; 265.228 through 

265.231; 265.250 through 265.260; 265.270; 

265.272; 265.273; 265.276; 265.278 through 

265.282; 265.300 through 265.304; 265.309; 

265.310; 265.312(a); 265.313; 265.314; 

265.314(a)(4) (March 23, 2006); 265.315; 

265.316; 265.340; 265.341; 265.345; 265.347; 

265.351; 265.352; 265.370; 265.373; 265.375; 

265.377; 265.381 through 265.383; 265.400 

through 265.406; 265.430; 265.440 through 

265.445; 265.1030 through 265.1035; 

265.1050 through 265.1064; 265.1080 

through 265.1090; 265.1100 through 

265.1102; 265.1200 through 265.1202; 

Appendix I; and Appendices III through VI. 

Section 266—Standards for the 

Management of Specific Hazardous Wastes 

and Specific Types of Hazardous Waste 

Management Facilities—266.20 through 

266.23; 266.70(a); 266.70(b) introductory 

paragraph through (b)(2) (August 12, 2012); 

266.70(c) and (d); 266.80 (except items 6 and 

7 to the 266.80(a) table); 266.100 through 

266.112; 266.200 through 266.206; 266.210; 

266.220; 266.225; 266.230; 266.235; 266.240; 

266.245; 266.250; 266.255; 266.260; 266.305; 

266.310; 266.315; 266.320; 266.325; 266.330; 

266.335; 266.340; 266.345; 266.350; 266.355; 

266.360; and Appendices I through XIII. 

Section 267—Standards for Owners and 

Operators of Hazardous Waste Facilities 

Operating Under a Standardized Permit— 

267.1 through 267.3; 267.10 through 267.18; 

267.30 through 267.36; 267.50 through 

267.58; 267.70 through 267.76; 267.90; 

267.101; 267.110 through 267.113; 267.115 

through 267.117; 267.140 through 267.143; 

267.147 through 267.151; 267.170 through 

267.177; 267.190 through 267.204; and 

267.1100 through 267.1108. 

Section 268—Land Disposal Restrictions— 

268.1; 268.2 through 268.4, 268.7; 268.9; 

268.13; 268.14; 268.20, 268.30 through 

268.39; 268.40 (except 268.40(e)(1)—(4) and 

268.40(i)); 268.41; 268.42 (except 268.42(b)); 

268.43; 268.45; 268.46; 268.48 through 

268.50; and Appendices III, IV, VI through IX 

and XI. 

Section 270—Administered Permit 

Programs: The Hazardous Waste Permit 

Program—270.1 through 270.6; 270.7 (except 

270.7(h) and (j)); 270.10 (except 270.10(e)(8)); 

270.11 through 270.33; 270.40; 270.41; 

270.42; 270.42 Appendix I; 270.43; 270.50; 

270.51; 270.60 through 270.68; 270.70 

through 270.73; 270.79; 270.80; 270.85; 

270.90; 270.95; 270.100; 270.105; 270.110; 


rmajette on DSKBCKNHB2PROD with RULES
43192 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

270.115; 270.120; 270.125; 270.130; 270.135; 

270.140; 270.145; 270.150; 270.155; 270.160; 

270.165; 270.170; 270.175; 270.180; 270.185; 

270.190; 270.195; 270.200; 270.205; 270.210; 

270.215; 270.220; 270.225; 270.230; 270.235; 

270.250; 270.255; 270.260; 270.270; 270.275; 

270.280; 270.290; 270.300; 279.305; 270.310; 

270.315; and 270.320. 

Section 273—Standards for Universal 

Waste Management—273.1 through 273.4; 

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

through 273.20; 273.30 through 273.40; 

273.50 through 273.56; 273.60; 273.61; 

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

and 273.81. 

Section 279—Standards for the 

Management of Used Oil—279.1; 279.10; 

279.11; 279.12; 279.20 through 279.24; 

279.30 through 279.32; 279.40 through 

279.47; 279.50 through 279.67; 279.70 

through 279.75; 279.80; 279.81; and 

279.82(a). 

Copies of the Arkansas regulations that are 

incorporated by reference are available from 

the Arkansas Department of Environmental 

Quality Web site at http://

www.adeq.state.ar.us/regs/default.htm or the 

Public Outreach Office, ADEQ, 5301 

Northshore Drive, North Little Rock, 

Arkansas 72118–5317, Phone: (501) 682– 

0923. 

* * * * * 

[FR Doc. 2017–18874 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140902739–5224–02] 

RIN 0648–XF672 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fishery; 2017 Illex Squid 

Quota Harvested 

Correction 

In rule document 2017–19208 

appearing on page 42610 in the issue of 

Monday, September 11, 2017, make the 

following corrections: 

1. In the first column, under the 

SUMMARY heading, in the fourth line 

‘‘September 1, 2017’’ should read 

‘‘September 15, 2017’’. 

2. In the first column, under the DATES

heading, in the second line ‘‘September 

1, 2017’’ should read ‘‘September 15, 

2017’’. 

3. In the second column, in the first 

full paragraph, in the seventh, eighth, 

sixteenth and twenty sixth line 

‘‘September 1, 2017’’ should read 

‘‘September 15, 2017’’. 

[FR Doc. C1–2017–19208 Filed 9–13–17; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 161017970–6999–02] 

RIN 0648–XF651 

Fisheries of the Northeastern United 

States; Scup Fishery; Adjustment to 

the 2017 Winter II Quota 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS adjusts the 2017 

Winter II commercial scup quota and 

per trip Federal landing limit. This 

action is intended to comply with 

Framework Adjustment 3 to the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan that 

established the rollover of unused 

commercial scup quota from the Winter 

I period to the Winter II period. This 

notice is intended to inform the public 

of this quota and trip limit change. 

DATES: Effective November 1, 2017, 

through December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: NMFS 

published a final rule in the Federal 

Register on November 3, 2003 (68 FR 

62250), implementing a process to roll 

over unused Winter I commercial scup 

quota (January 1 through April 30) to be 

added to the Winter II period quota 

(November 1 through December 31). 

This framework also allows adjustment 

of the commercial possession limit for 

the Winter II period dependent on the 

amount of quota rolled over from the 

Winter I period. 

For 2017, the initial Winter II quota is 

2,929,762 lb (1,329 mt). The best 

available landings information indicates 

that 2,231,152 lb (1,012 mt) remain of 

the 8,291,190 lb (3,761 mt) of Winter I 

quota. Consistent with Framework 3, the 

full amount of unused 2017 Winter I 

quota is being transferred to Winter II, 

resulting in a revised 2017 Winter II 

quota of 5,160,914 lb (2,341 mt). 

Because the amount transferred is 

greater than 2,000,000 lb (907 mt), the 

Federal per trip possession limit will 

increase from 12,000 lb (5,443 kg) to 

18,000 lb (8,165 kg), as outlined in the 

final rule that established the possession 

limit and quota rollover procedures for 

this year, published on December 28, 

2015 (80 FR 80689). 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment on this in-season 

adjustment because it would be contrary 

to the public interest. If implementation 

of this in-season action is delayed to 

solicit prior public comment, the 

objective of the fishery management 

plan to achieve the optimum yield from 

the fishery could be compromised; 

deteriorating weather conditions during 

the latter part of the fishing year will 

reduce fishing effort and could prevent 

the annual quota from being fully 

harvested. This would conflict with the 

agency’s legal obligation under the 

Magnuson-Stevens Fishery 

Conservation and Management Act to 

achieve the optimum yield from a 

fishery on a continuing basis, resulting 

in a negative economic impact on 

vessels permitted to fish in this fishery. 

Moreover, the rollover process and 

potential changes in trip limits were 

already outlined in the 2016 to 2018 

specifications published December 28, 

2015, that were provided for notice and 

comment rulemaking. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 8, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–19464 Filed 9–13–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 161222999–7413–01] 

RIN 0648–XF610 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #5 

Through #11 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons. 


rmajette on DSKBCKNHB2PROD with RULES