[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Rules and Regulations]
[Pages 20038-20052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10038]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7173-7]
Arkansas: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Arkansas has applied for Final authorization of
its revisions to its Hazardous Waste Program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
revisions satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's revisions through this
immediate final action. The EPA is publishing this rule to authorize
the revisions without a prior proposal because we believe this action
is not controversial and do not expect adverse comments. Unless we get
adverse comments which oppose this authorization during the comment
period, the decision to authorize the State of Arkansas Department of
Environmental Quality's (ADEQ) revisions to their hazardous waste
program will take effect. If adverse comments are received, we will
publish a document in the Federal Register either; withdrawing this
immediate final decision; or a notice containing a response to comments
and which either affirms that the immediate final decision takes effect
or reverses the decision.
DATES: This immediate final rule is effective on June 24, 2002, unless
EPA receives adverse written comments by May 24, 2002. Should the EPA
receive such comments, it will publish a timely document either:
withdrawing the immediate final publication or affirming the
publication and responding to comments.
ADDRESSES: Written comments referring to Docket Number AR-01-02, should
be sent to Alima Patterson, Region 6, Regional Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733. Copies of the State of Arkansas program
revision application and the materials which EPA used in evaluating the
revision are available for inspection and copying from 8:30 a.m. to 4
p.m. Monday through Friday at the following addresses: EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202-2733,
[[Page 20039]]
(214) 665-8533: or Arkansas Department of Environmental Quality, 8101
Interstate 30, Little Rock, Arkansas 72219-8913, (501) 682-0876.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from 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, States must change their programs and ask 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 EPA's regulations in 40 CFR parts 124, 260
through 266, 268, 270, 273, and 279.
B. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Arkansas subject
to RCRA will now have to comply with the authorized State requirements
(in RCRA Clusters III-IX and Checklist 181 Universal Waste Rule,
Specific Provisions for Hazardous Lamps in RCRA Cluster X listed in
this document) 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
EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to: (1) Do inspections,
and require monitoring, tests, analyses or reports; (2) enforce RCRA
requirements and suspend or revoke permits; and (3) 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 regulations for which Arkansas is being
authorized by today's action are already effective, and are not changed
by today's action.
C. What Is the History of Arkansas' Final Authorization and It's
Revisions?
Arkansas initially received final authorization on January 25,
1985, (50 FR 1513) to implement its Base Hazardous Waste Management
program. Arkansas received authorization for revisions to its program
at January 11, 1985 (50 FR 1513), effective January 25, 1985; March 27,
1990 (55 FR 11192) effective May 29, 1990; September 18, 1991 (56 FR
47153) effective November 18, 1991; October 5, 1992 (57 FR 45721)
effective December 4, 1992; and October 7, 1994 (59 FR 51115) effective
December 21, 1994. The authorized Arkansas RCRA program was
incorporated by reference into the Code of Federal Regulations
effective December 13, 1993 (58 FR 52674). On November 7, 2000,
Arkansas submitted a final complete program revision application,
seeking authorization of its program revisions in accordance with 40
CFR 271.21. The State of Arkansas also has adopted the regulations for
Import and Export of Hazardous Waste. However, the requirements of the
Import and Export regulations will be administered by the EPA and not
the State, because the exercise of foreign relations and International
Commerce powers is reserved to the Federal government under the United
States Constitution. Therefore, the State of Arkansas is not seeking
authorization for this rule.
On April 1994, Arkansas Department of Pollution Control and Ecology
(ADPC&E), revised its Regulation Number 23 from one of ``incorporation
by reference'' to the adoption and incorporation of a version of the
full text of the Federal regulatory language. Modifications were made
as necessary to provide for the appropriate State protocol or point of
contact for federally authorized rules and regulations under the State
waste management program, with additional or more stringent State
requirements. The text of 40 CFR parts 260-266, 268, 270, 273 and 279
has been inserted into Chapter 2 of Regulation No 23, with the federal
``Parts'' redesignated as State ``Sections'', and federal ``Subparts''
redesignated as State ``Subsections''. Part, Subpart, and paragraph
numbering and citations have been retained in the same format as in the
federal regulations throughout the text. This restructuring makes it
simpler for the regulated community to determine which specific rules
are effective at any point in time under the State hazardous waste
management program, and provides a single regulatory reference for most
hazardous waste management situations within the State. The
Consolidated Independent Counsel Statement submitted with Arkansas'
application for final authorization addresses the revised program
implementation requirements under RCRA as amended by The Hazardous and
Solid Waste Amendments of 1984 ( HSWA). The State is seeking
authorization in this application for RCRA Clusters III, IV, V, VI,
VII, VIII, IX and one rule in RCRA Cluster X (Universal Waste Rule,
Specific Provisions for Hazardous Waste Lamps Checklist 181).
Reference to ``ARK'' ``Code Ann'' and ``A.C.A'' refer to the
Arkansas Code of 1987 Annotated, as amended and effective in 2001.
Reference to ``APC&E Reg. No. 23'' refers to the Arkansas of Pollution
Control and Ecology Commission's Regulations Number 23 (Hazardous Waste
Management) (formerly titled the Arkansas Hazardous Waste Management
Code), amended on December 1, 1995, effective January 21, 1996, to
adopt all rules promulgated by EPA through June 30, 1995, and last
amended on February 25, 2000, to adopt all final rules promulgated by
EPA through July 6, 1999 and became effective on May 20, 2000. Dates of
enactment and adoption for other statutes or regulations are given when
cited.
Arkansas Act 1219 of 1987 renamed the Arkansas Department of
Pollution Control and Ecology (ADPC&E) as the ``Arkansas Department of
Environmental Quality'' (hereafter referred to as the (ADEQ) with an
effective date March 31, 1999. This name change was implemented in
order to resolve public confusion concerning the respective functions
and responsibilities of the Arkansas Department of Pollution Control
and Ecology Commission and the Arkansas Department of Pollution Control
and Ecology which arose because of the similarity in the names of these
entities. The Arkansas Department of Environmental Quality succeeded to
all the general powers and responsibilities previously assigned to the
Department of Pollution Control and Ecology, and this name change in no
way impaired or affected any of the powers and authorities of the
ADPC&E, nor did it impair the continued effectiveness of any
regulations, policies, or orders promulgated or issued by the Arkansas
Pollution Control and Ecology Commission prior to the effective date of
Act 1219. Likewise, references to Arkansas Department of Pollution
Control and Ecology as it was referred to or empowered throughout the
entire Arkansas Code, Annotated were changed to refer to the ``Arkansas
Department of Environmental Quality''. The change in reference from the
old to the name was codified in the Arkansas Code, Annotated, by Act
1164 of 1999. This administrative name change has been reflected
throughout this application.
[[Page 20040]]
D. What Revisions Are We Approving With Today's Action?
On November 7, 2000, the State of Arkansas submitted a final
complete program revision application, seeking authorization of their
revisions in accordance with 40 CFR 271.21. We now make an immediate
final decision, subject to receipt of adverse comments, that the State
of Arkansas's hazardous waste program revision satisfies all the
requirements necessary to qualify for Final authorization. Arkansas'
revisions consist of regulations which specifically govern Federal
Hazardous Waste promulgated from July 1, 1992, to June 30, 1999 (RCRA
Clusters III-IX, and one rule in RCRA Cluster X Universal Waste Rule,
promulgated July 6, 1999. Arkansas requirements are included in a chart
with this document.
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Federal citation State analog
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1. Used Oil Filter Exclusion; Technical Arkansas Code of 1987 Annotated
Correction, [57 FR 29220] July 1, (A.C.A.) as amended, effective
1992. (Checklist 107). 1995, Arkansas Pollution
Control and Ecology (APC&E)
Regulation Number 23,
(Hazardous Waste Management)
(HWM) A.C.A. Sec. 8-7-
209(a)(4), Sec. 8-7-209(a)(5)
introductory paragraph, Sec.
8-7-203(6), Sec. 8-7-202,
Reg. No. 23 Secs. 261.1
through 261.4, 261.1(b)(15),
as amended December 1, 1995;
effective January 21, 1996.
2. Toxicity Characteristics Revision; A.C.A Sec. 8-7-209(a)(4),
Technical Correction, [57 FR 30657] APC&E Reg. No. 23 Secs.
July 10, 1992. (Checklist 108). 261.3(a)(2)(i) 261.4, 261.8,
261.24, 261.30(b), 261,
Appendix II, 264.301(e)(1),
265.221(d)(1), 265.273(a),
265.301(d)(1) and 265,
Appendix I, as amended
December 1, 1995; effective
January 21, 1996.
3. Land disposal Restrictions for Newly A.C.A Sec. 8-7-209(a)(4),
Listed Wastes and Hazardous Debris, (5)(6), APC&E Reg. No. 23
[57 FR 37194-37282] August 18, 1992. Secs. 261.3(f), 268.2, 268.5,
(Checklist 109). 268.7, 268.14, 268.36, 268.40-
43, 268.45, 270.13-14,
261.3(a)&(c), 268.9, 268.6,
260.10, 262.34, 264.110,
264.111, 264.112, 264.140,
264.142, 264 Subsection DD,
265.110-112, 265.140-2,
265.221, 265 Subsection DD,
268.50, 270.42, 270.72, as
amended December 1, 1995;
effective January 21, 1996.
4. Coke By-Product Listings, [57 FR A.C.A Sec. 8-7-209(a)(4),
37284] August 18, 1992. (Checklist APC&E Reg. No. 23 Secs.
110). 261.4(a)(1), 261.31, 261.32,
261.33, 261, Appendix VIII,
264.572(a)(2), and
265.443(a)(2), as amended
December 1, 1995; effective
January 21, 1996.
5. Burning of Hazardous Waste in A.C.A. Sec. 8-7-209(a)(4),
Boilers and Industrial Furnaces; (5), (6), Sec. (8), (11) and
Technical Amendment III, [57 FR 38558] (12), Sec. 8-7-209(b), Sec.
August 25, 1992. (Checklist (111). 8-7-202 Sec. 8-7-202(2), Sec.
8-7-218(b)(2), Sec. 8-7-
218(c), Sec. 8-7-219, Sec. 8-
7-223, Sec. 8-7-225(a), Sec.
8-7-211, APC&E Reg. No. 23
Secs. 260.10, 260.20(a),
261.2(d)(2), 261.2(e)(2)(iv),
261.4, 261.6, 260.10, 260.11,
260.20, 261.2, 261.33(b)(2),
264.1, 264.112, 264.340,
265.1, 265.112, 265.113,
265.340(a), 265.370,
264.1(g)(2), 265.1(c)(6),
266.100(a) and (f),
266.101(c)(1)(2),
266.103(b)(2)(ii)(iii),
266.103(b)(3)(ii)(B),
266.103(b)(3)(v),
266.103(c)(1),
266.103(c)(ii)(A),
266.103(c)(1)(ii)(A)(1),
266.103(c)(1)(ii)(A)(2),
266.103(c)(1)(ii)(C),
266.103(c)(1)(iii),
266.103(c)(vi), 266.103(c)(5),
266.103(c)(7)(ii)(B),
266.104(f)(1), 266.106(b)(7),
266.106(d)(1)(3)(5),
266.107(a), 266.108(c),
266.112(B)(2)(i), 3(b)(2) 266
Subsections H, 266 Appendices
I-X, 270.22, 270.42, 270.66,
270.72, and 270.73, as amended
December 1, 1995; effective
January 21, 1996.
6. Recycled Used Oil Management A.C.A. Sec. 8-7-209(a)(4),
Standards, [57 FR 41566-41626], Sec. 8-7-209(a)(5), (6), and
September 10, 1992. (Checklist 112). (11), APC&E Reg. No. 23 Secs.
260.10, 261.3(a)(2), 261.5(j),
261.6(a)(2), (3), and (4),
266.40-266.44, 266.100(b), 279
and 30(b), as amended December
1, 1995; effective January 21,
1996.
7. Financial Responsibility for Third- A.C.A. Sec. 8-7-209(1), and
Party Liability, Closure and post- (3), Sec. 8-7-209(a) (5),
closure, [57 FR 42832], September 16, (6), (8), (11) and (12), Sec.
1992, Standards Applicable to Owners 8-7-209(b), Sec. 8-7-202(2),
and Operators of Hazardous Waste Sec. 8-7- 218(b)(2), Sec. 8-
Treatment, Storage, and Disposal 7-216(f), Sec. 8-7-
Facilities; Liability Coverage, [53 FR 218(2)(b)(2), Sec. 8-7-
33938] September 1, 1988, Liability 218(c), Sec. 8-7-219, Sec. 8-
Requirements; Technical Amendments, 7-223, Sec. 8-7-225(a), Sec.
[56 FR 30200] July 1, 1991. 8-7-211, Sec. 8-7-219(1)(2),
(Checklists 113, 113.1, and 113.2). 8-7-218, and 8-7-512, APC&E
Reg. No. 23 Secs. 264.141(h),
264.143(f)(10),
264.145(f)(11), 264.147(a)(2)-
(7), 264.147(a)(7)(i)-(iii),
264.147(b)(2)-(7),
264.147(b)(7)(i)-(iii),
264.147(f)(6),
264.147(g),(1)(ii),
264.147(g)(2(i)-(ii),
264.147(h), (1)-(5),
264.147(i),(1)-(4),
264.147(i)(4)(i)-(ii),
264.147(j), 264.147(j)(1)-(4),
264.147(k), 264.151(i)-(ii)
264.151(b)(f)(g)(h)(1)-(2),
264.151(i)(2)(d),
264.151(j)(2)(d), 264.151(k),
264.151(1), 264.151(m)(1)-(2),
264.151(n)(1)-(2), 264.141(h),
265.143(e)(10) 265.141,
265.145(e)(11) and
265.147(f)(6), 264.147(a)(7),
264.147(b)(7), 265.134(E)(10)-
(11), 265.147(a)(2)-(7)(i)-
(iii), 265.147(b)(2)-(7)(i)-
(iii), 265.147(f)(6),
265.147(g),(1)(ii),
265.147(g)(2)(i)-(ii),
265.147(h),(1)-(5),
265.147(i),(1)-(4)(i)-(ii),
265.147(j),(1)-(4), and
265.147(k), as amended
December 1, 1995; effective
January 21, 1996.
8. Burning of Hazardous Waste and A.C.A. Sec. 8-7-209(1), and
Industrial Furnaces; Amendment IV, [57 (3), Sec. 8-7-209(a) (5),
FR 44999] September 30, 1992. (6), (8), (11) and (12), Sec.
(Checklist 114). 8-7-209(b), Sec. 8-7-202(2),
Sec. 8-7-218(b)(2), Sec. 8-7-
218(c), Sec. 8-7-219, Sec. 8-
7-223, Sec. 8-7-225(a), Sec.
8-7-211, APC&E Reg. No. 23
Secs. 260.10, 260.20(a),
261.2(d)(2), 261.2(e)(2)(iv),
261.4, 261.6, 260.10, 260.11,
260.20, 261.2, 261.3, 261.4,
264.1, 264.112, 264.340,
265.1, 265.112, 265.113,
265.340(a), 265.370, 266
Subsection H, 266 Appendices I-
X, 266.103(c)(1),
266.103(c)(1)(ii)(C),
266.103(c)(1)(iii),
266.103(c)(1)(vi),
266.103(c)(1)(vii)-(viii),
266.103(c)(1)(xi)(B), and
3(b)(2), as amended December
1, 1995; effective January 21,
1996.
9. Chlorinated Toluene Production and A.C.A. Sec. 8-7-209(a)(4),
Waste Listing, [57 FR 47376] October Sec. 8-7-209(a)(5)
15, 1992. (Checklist 115). introduction paragraph, and
Sec. 8-7-202, APC&E Reg. No.
23 Secs. 261.4(b)(1), 261.31,
261.32, 261.33, 261,
Appendices III, VII, and VIII,
as amended December 1, 1995;
effective January 21, 1996.
[[Page 20041]]
10. Hazardous Soil Case-by-Case A.C.A. Sec. 8-7-209(a)(5),
Capacity Variance, [57 FR 47772] (11), Sec. 8-7-202(2), Sec.
October 20, 1992. (Checklist 116). 8-7-218(b)(2), Sec. 8-7-
218(b)(c), Sec. 8-7-303(c),
Sec. 8-7-303(1), Sec. 8-7-
308(4), and (6)8-7-APC&E Reg.
No. 23 Secs. 268.35(c)-(e),
268.35(e)(1)-(2), as amended
December 1, 1995; effective
January 21, 1996.
11. ``Mixture'' and ``Derived-From A.C.A. Sec. 8-7-209(a)(4),
Rules; Response to Court Remand, [57 APC&E Reg. No. 23 Sec. 261.3
FR 7628] March 3, 1992. (CheckList (a), (b), (c), and (d), as
17A). amended December 1, 1995;
effective January 21, 1996.
12. ``Mixture'' and Derived-From Rules; A.C.A. Sec. 8-7-209(a)(4),
Final Rule Correction, [57 23062] APC&E Reg. No. 23 Sec. 261.3
March 3, 1992. (Checklist 117A.1). (a), (b), (c), and (d), as
amended December 1, 1995;
effective January 21, 1996.
13. ``Mixture'' and ``Derived-From'' A.C.A. Sec. 8-7-209(a)(4),
Rules; Final Rule, [57 FR 49278] APC&E Reg. No. 23 Sec. 261
October 20, 1992. (Checklist 117.2). (a), (b), (c), and (d), as
amended December 1, 1995;
effective January 21 1996.
14. Toxicity Characteristic Revisions, A.C.A. Sec. 8-7-209(a)(4),
[57 FR 23062] June 1, 1992. (Checklist APC&E Reg. No. 23 Secs.
117B). 261.3(a)(2)(i), 261.4, 261.8,
261.24, 261.30(b), 261,
Appendix II, 264.301(e)(1),
265.221(d)(1), 265.273(a),
265.301(d)(1) and 265,
Appendix I, as amended
December 1, 1995; effective
January 21, 1996.
15. Liquids in Landfills II, [57 FR A.C.A. Secs. 8-7-205(4), 8-7-
54452] November 18, 1992. (Checklist 209(a)(3), (4), (5)(B) and
118). (5)(C), and (6), 8-7-218(a), 8-
7-308(4), APC&E Reg. No. 23
Secs. 260.10, 264.13(c)(3),
264.314, 264.316,
265.13(b)(c), 265.314, and
265.315, as amended December
1, 1995; effective January 21
1996.
16. Toxicity Characteristic Revisions; A.C.A. Secs. 8-7205(4), APC&E
TCLP, [57 FR 55114] 1996. November 24, Reg. No. 23 Sec. 261,
1992]. (Checklist 119). Appendix II, as amended
December 1, 1995; effective
January 21 1996.
17. Toxicity Characteristic Revisions; A.C.A. Secs. 8-7205(4), APC&E
TCLP Correction, [58 FR 6854] February Reg. No. 23 Sec. 261,
2, 1993. (Checklist 119.1). Appendix II, as amended
December 1, 1995; effective
January 21, 1996.
18. Wood Preserving; Amendments to A.C.A. Sec. 8-7-209(a)(4),
Listings and Technical Requirements, (5), (6), APC&E Reg. No. 23
[57 FR 61492] December 24, 1992. Secs. 264.1(a)(10), 261.31,
(Checklist 120). 261.31, 261.32, 261.33, 261.4,
261.35, 261.34, Appendix VIII,
264.572(a)(2), 264.190, 264
Subsection W, 265 Subsection
W, 264.570, 264.573, (a)(4),
265.440, and 265.443(a)(2),
(4), (a), 270.22, and 270.26,
as amended December 1, 1995;
effective January 21, 1996.
19. Corrective Action Management Units A.C.A. Sec. 8-7-209(a)(5)(6) &
and Temporary Units; Corrective Action (8), 8-7-508, 5-7-512, APC&E
Provisions Under Subtitle C, [58 FR Reg. No. 23 Secs. 260.10,
8658] February 16, 1993. (Checklist 264.3, 264.101(b), 264,
121). Subsection S, 265.1(b),
268.2(c), 270.2, & 270.42, as
amended December 1, 1995;
effective January 21, 1996.
20. Recycled Used Oil Management A.C.A. Sec. 8-7-209(a)(4),
Standards; Technical Amendments and (5), (6) and (7), APC&E Reg.
Corrections, [58 FR 26420] May 3, No. 23 Secs. 260.10,
1993. (Checklist 122). 261.3(a)(2), 261.5(j),
261.6(a)(2), (3), and (4),
266.40-266.44, 266.100(b),
279, and 30.(b), as amended
December 1, 1995; effective
January 21, 1996.
21. Land Disposal Restrictions; Renewal A.C.A. Sec. 8-7-209(a)(5) and
of the Hazardous Waste Debris Case-by- (6), APC&E Reg. No 23 Sec.
Case Capacity Variance, [58 FR 28506- 268.35(c)-(e), as amended
2811] May 14, 1993. (Checklist 123). December 1, 1995; effective
January 21, 1996.
22. Land Disposal Restrictions for A.C.A. Sec. 8-7-209(a)(5) and
Ignitable and Corrosive Characteristic (6), APC&E Reg. No 23 Sec.
Wastes Treatment Standards Were Sec. 268.37, as amended
Vacated, [58 FR 29860-29887] May 24, December 1, 1995; effective
1993. (Checklist 124). January 21, 1996.
23. Boilers and Industrial Furnaces; A.C.A. Sec. 8-7-209(a)(5) and
Changes for Consistency with New Air (6), APC&E Reg. No. 23, Secs.
Regulations, [58 FR 38816-38884] July 260.11(a), 266.104(e),
10, 1993. (Checklist 125). 266.106(h) and 266 Appendix X,
as amended December 1, 1995;
effective January 21, 1996.
24. Testing and Monitoring Activities, A.C.A. Sec. 8-7-209(a)(5) and
[58 FR 46040-46051] August 31, 1993, (6), APC&E Reg. No. 23 Secs.
as amended September 19, 1994, at [59 260.11(a), 260.22, 261.22(a),
FR 47980-4782]. (Checklist 126). 261.24(a), 261, Appendices II,
III and X, 264.190(a),
264.314(c), 264.314(d),
268.7(a), 268.40(a),
268.41(a), 268 Appendices I
and IX, 270.6(a), 270.19(c),
270.62(b), 270.66(c), as
amended December 1, 1995;
effective January 21, 1996.
25. Boilers and Industrial Furnaces; A.C.A. Sec. 8-7-209(a)(5) and
Administrative Stay and Interim (6), APC&E Reg. No. 23 Secs.
Standards for Bevill Residues, [58 FR 266.112(b), and 266, Appendix
59598-59603], November 9, 1993. VII, as amended December 1,
(Checklist 127). 1995; effective January 21,
1996.
26. Hazardous Waste Management Systems; A.C.A. Sec. 8-7-209(a)(4), and
Identification and Listing of Sec. 8-7-202, APC&E Reg. No.
Hazardous Waste; Wastes from Wood 23 Secs. 260.11(a), and 261
Surface Protection, [59 FR 458] Appendices VIII, as amended
January 4,1994. (Checklist 128). December 1, 1995; effective
January 21, 1996.
27. Hazardous Waste Management Systems; A.C.A. Sec. 8-7-209(a)(4),
Identification and Listing of Sec. 8-7-209(a)(5)
Hazardous Waste; Treatability Studies introductory paragraph, Sec.
Sample Exclusion, [59 FR 8362] 8-7-202, APC&E Reg. No. 23
February 18, 1994. (Checklist 129). Sec. 261.4(e)(2)(i)-(ii),
261.4(e)(3), 261.4(e)(3)(i)-
(iii), 261.4(e)(iii)(A)-(E),
261.4(f)(3), and 261.4(f)(4)-
(5), as amended December 1,
1995; effective January 21,
1996.
28. Recycled Used Oil Management A.C.A. Sec. 8-7-209(a)(4),
Standards; Technical Amendments and Sec. 8-7-209(a)(5), (6), and
Corrections II, [59 FR 10550-10560], (11), APC&E Reg. No. 23 Secs.
March 4, 1994. (Checklist 130). 260.10, 261.3(a)(2), 261.5(j),
261.6(a)(2), (3), and (4),
266.40-266.44 266.100(b), 279
and 30(b), as amended December
1, 1995; effective January 21,
1996.
29. Recordkeeping Instruction; [59 FR A.C.A. Sec. 8-6-1501-1504,
13891] March 24, 1994. (Checklist 131). Sec. 8-7-209(a)(4), (5), (6),
Sec. 8-7-209(1), and (3),
Sec. 8-7-209(a)(5), (6), (8),
(11) and (12), Sec. 8-7-
209(b), Sec. 8-7-202(2), Sec.
8-7-218(b)(2), Sec. 8-7-
218(c), Sec. 8-7-219, Sec. 8-
7-223, Sec. 8-7-225(a), Sec.
8-7-211, APC&E Reg. No. 23
Sec. 264 Appendix I, Tables 1
and Sec. 265 Appendix I,
Tables 2, as amended December
1, 1995; effective January 21,
1996.
30. Hazardous Waste Management System; A.C.A. Sec. 8-7-209(a)(4),
Identification and Listing of (5), Sec. 8-7-202, Secs. 8-7-
Hazardous Wastes; Wastes from Wood 203(4)-(13), APC&E Reg. No. 23
Surface Protection; Correction, [59 FR Secs. 260.11(a), and as
28484] June 2, 1994. (Checklist 132). amended December 1, 1995;
effective January 21, 1996.
[[Page 20042]]
31. Standards Applicable to Owners and A.C.A. Sec. 8-7-209(a)(4),
Operators of Hazardous Waste (5), (6), Sec. 8-7-209(1),
Treatment, Storage, and Disposal and (3), Sec. 8-7-209(a)(5),
Facilities, Underground Storage Tanks, (6), (8), (11) and (12), Sec.
and Underground Injection Control 8-7-209(b), Sec. 8-7-202(2),
Systems; Financial Assurance; Letter Sec. 8-7-218(b)(2), Sec. 8-7-
of Credit, [59 FR 29958] June 10, 218(c), Sec. 8-7-219, Sec. 8-
1994. (Checklist 133). 7-223, Sec. 8-7-225(a), Sec.
8-7-211, APC&E Reg. No. 23
Sec. 264.151(d) and (k), as
amended December 1, 1995;
effective January 21, 1996.
32. Hazardous Waste Management System; A.C.A. Sec. 8-7-209(a)(4),
Correction of Listing of P015- APC&E Reg. No. 23 Secs.
Beryllium Power, [59 FR 31551], June 261.4(a)(10), 261.31, 261.31,
20, 1994. (Checklist 134). 261.32, 261.33, 261, Appendix
VIII, 264.572(a)(2), and
265.443(a)(2), as amended
December 1, 1995; effective
January 21, 1996.
33. Recovered Oil Exclusion, [59 FR A.C.A. Sec. 8-7-209(a)(4),
38536-38545], July 28, 1994. APC&E Reg. No. 23 Secs.
(Checklist 135). 261.4, 261.6, and 266.100,
A.C.A. Sec. 8-7-209(a)(4), as
amended December 1, 1995;
effective January 21, 1996.
34. Removal of the Conditional A.C.A. Sec. 8-7-209(a)(4),
Exemption for Certain Slag Residues, (5), and (6), APC&E Reg. No.
[59 FR 43496-43500], as amended August 23 Secs. 266.20(c) and
24, 1994. (Checklist 136). 268.41(a), as amended December
1, 1995; effective January 21,
1996.
35. Universal Treatment Standards and A.C.A. Sec. 8-7-209(a)(2),
Treatment Standards for Organic (3), (4), (5), (11) and (b),
Toxicity Characteristic Wastes and A.C.A.Sec. 8-7-308(4) and
Newly Listed Wastes, [59 FR 47982- (8), APC&E Reg. No. 23 Secs.
48110] September 19, 1994 as amended 260.30 260.30(b),
at [60 FR 242-302, January 3, 1995. 260.31(a)&(b), 260.32,
(Checklist 137). 260.33(a)&(b), 266.100,
261.2(e)(1)(iii), 268.1,
268.7, 268.9, 268.38, 268.40,
268.41, 268.42, 268.43,
268.46, 268.48, and Appendices
IV, V, and X, as amended
December 1, 1995; effective
January 21, 1996. State
requirements are equivalent to
those of the Federal program
with the exception of the
provisions of 40 CFR
268.7(a)(10), which provides
an exemption for wastes
managed under tolling
arrangements as provided under
40 CFR 262.20(e). Arkansas
does not allow the exemptions
provided under this Federal
rule, and thus does not exempt
the wastes listed at 40 CFR
268.7(a)(10).
36. Testing and Monitoring Activities A.C.A. Sec. 8-7-209(a)(4),
Amendment I, [60 FR 3089-3095], (5), and (11), APC&E Reg. No.
January 13, 1995. (Checklist 139). 23 Sec. 260.11, as amended
December 1, 1995; effective
January 21, 1996.
37. Carbamate Production Identification A.C.A. Sec. 8-7-209(a)(4),
and Listing of Hazardous Waste, [60 FR APC&E Reg. No. 23 Sec.
7824-7859], February 9, 1995, as 261.3(a)(2)(iv)(G), and
amended at [60 FR 19165, April 17, 261.3(c)(2)(ii)(D), 261.32,
1995 and at [60 FR 25619], May 12, 261.33, and appendices VII and
1995. (Checklist 140). VIII, as amended December 1,
1995; effective January 21,
1996. The State had conducted
an independent rulemaking, and
the subsequent vacatur of the
Federal rules in
Dihiocarbamate Task Force v
EPA did not immediately apply
to the equivalent State's
regulations. The State amended
provision, in that they
include the vacated waste
streams are broader in scope
than the equivalent Federal
provisions. Arkansas has only
one generator of that waste
(Zeneca Ag Products), who
subsequently applied to the
Commission for a one-year
variance from the State
listing of those wastes. The
Commission granted this
variance, which expires
February 28, 1998, pending
further action by EPA to
revise or re-promulgate its
listing of the vacated waste
streams. State requirements
are broader in scope in
comparison to the Federal
program in that the State in
that listings for K156, K157,
and K158 include 3-iodo-2-
propynyl n-butycarbamate
(IPBC) as a hazardous
constituent.
38. Testing and Monitoring Activities A.C.A. Sec. 8-7-209(a)(4),
Amendment II, [60 FR 17001-17004], (5), and (11), APC&E Reg. No.
April 4, 1995. (Checklist 141). 23 Sec. 260.11, as amended
December 1, 1995; effective
January 21, 1996.
39. Universal Waste: General A.C.A. Sec. 8-7-209(a)(2),
Provisions, [60 FR 25492-25551], May (3), (4), (5), (11) and (b),
11, 1995. (Checklist 142 A). APC&E Reg. No. 23 Secs. 273,
260.10, 261.5 and 261.9,
262.10 and 262.11,
264.1(g)(11), and
265.1(c)(14), as amended
December 1, 1995; effective
January 21, 1996.
40. Universal Waste Rule: Specific A.C.A. Sec. 8-7-209(a)(2),
Provisions for Batteries, [60 FR 25492- (3), (4), (5), (11) and (b), 8-
25551] May 11, 1995. (Checklist 142 B). 10-301, (Act 952 of 1993,
effective August 13, 1993),
APC&E Reg. No. 23 Secs.
260.10, 261.5 and 261.9,
262.10 and 262.11,
264.1(g)(11), 266, Subsection
G and 273, 265.1(c)(14), as
amended December 1, 1995;
effective January 21, 1996.
41. Universal Waste Rule: Specific A.C.A. Sec. 8-7-209(a)(2),
Provisions for Pesticides, [60 FR (3), (4), (5), (11) and (b),
25492-2551], May 11, 1995. (Checklist APC&E Reg. No. 23 Secs.
142 C). 260.10, 261.5 and 261.9,
262.10 and 262.11,
264.1(g)(11), 266, and 273,
265.1(c)(14), as amended
December 1, 1995; effective
January 21, 1996.
42. Universal Waste Rule: Specific A.C.A. Sec. 8-7-209(a)(2),
Provisions for Thermostats, [60 FR (3), (4), (5), (11) and (b),
25492-25551] May 11, 1995. (Checklist APC&E Reg. No. 23 Secs.
142 D). 260.10, 261.5 and 261.9,
262.10 and Specific 262.11,
264.1(g)(11), 266, and 273,
265.1(c)(14), as amended
December 1, 1995; effective
January 21, 1996.
43. Universal Waste Rule: Petition A.C.A. Sec. 8-7-209(a)(2),
Provisions to Add a New Universal (3), (4), (5), (11) and (b),
Waste, [60 FR 25492-25551] May 11, APC&E 8 (Administrative
1995. (Checklist 142 E). Procedures), Reg. No. 23 Secs.
260.20(a) and 260.23, 273.80
and 273.81, as amended
December 1, 1995; effective
January 21, 1996.
44. Removal of Legally Obsolete Rules, A.C.A. Secs. 8-7-205(4), 8-7-
[60 FR 33912-33915] June 29, 1995. 209(a); APC&E Reg. No. 23
(Checklist 144). Secs. 261.31(a), 266.103(c)5,
266.104(f)-(h), 270.2,
270.10(e)(4), 270.10(f)(2),
270.10(g)(1) amended February
25, 2000 effective May 20,
2000.
45. Liquids in Landfills III, [60 FR A.C.A. Secs. 8-7-205(4), 8-7-
35703-35706] July 11, 1995 (Checklist 209(a)(3), (4), (5)(B), as
145). amended and effective 1997;
APC&E Reg. No. 23 Secs.
264.314(e)(2)(ii)-(iii), and
265.314(f)(2)(ii)-(iii), as
amended July 25, 1997,
effective August 22, 1997.
46. RCRA Expanded Public Participation, A.C.A. Secs. 8-4-203(b)-(h), 8-
[60 FR 63417-63434] December 11, 1995. 7-217, Reg. No. 8 Sec. 2.1.2-
(checklist 148). 10, No. 8 Sec. 2.1.2-10,
APC&E Reg. No. 23 Secs.
3(b)(3), 270.7(d)(f), 270.2,
270.14(b)(22), 270.30(m),
270.61(b)(5), 270.62(b) & (d),
270.66(d) & (g), as amended
July 25, 1997, effective
August 22, 1997.
47. Amendments to the Definition of A.C.A. Sec. 8-7-209(a)(4),
Solid Waste; Amendments II, [61 FR APC&E Reg. No. 23 Secs.
13103-13106] March 26, 1996. 261.4(a)(12), as amended July
(Checklist 150). 25, 1997, effective August 22,
1997.
[[Page 20043]]
48. Land Disposal Restrictions Phase A.C.A. Sec. 8-7-209(a)(5) and
III-Decharacterized Wastewaters, (6), Reg. No. 23 Secs.
carbamate Waste, and Spent Potliners 268.35(c)-(e), 268.2(f), (i)
[61 FR 15566-15660] April 8, 1996, as and (j), 268.3(a)-(c)268.7(a)
amended April 8, 1996, at [61 FR 15660- and (b), 268.8, 268.9(a) and
15668] April 30, 1996, [61 FR 19117] (d), 268.39, 268(a), (e), (g),
June 28, 1996, [61 FR 33680-33690] and Table 1, 268.(a), (e),
July 10, 1996, [61 FR 36419-36421] (g), and Table TTS, 268.44(a),
August 26, 1996, [61 FR 43924-43931] 268.48(a) and Table UTS, and
February 19, 1997 [62 FR 7502-7600]. 268 Appendix XI, as amended
(Checklist 151). July 25, 1997, effective
August 22, 1997.
49. Criteria for Classification of A.C.A. Sec. 8-7-209(a)(4),
Solid Waste Disposal Facilities and APC&EC Reg. 23 Secs.
Practices; Identification and Listing 264.5(f)(3) and 264.5(g)(3);
of Hazardous Waste; Requirements for 261.5(f)(3)(i)-(iii) and (iv)-
Authorization of State Hazardous Waste (vii), 261.5(g)(3) intro,
Programs, [61 FR 34252] July 1, 1996. 261.5(g)(3)(i)-(vii), as
(Checklist 153). amended February 25, 2000
effective May 20, 2000.
50. Hazardous Waste Treatment, Storage, A.C.A. Secs. 8-7-209(10), 8-7-
and Disposal Facilities and Hazardous 209(b)(1), 8-7-209(b)(1)(F), 8-
Waste Generators; Organic Air Emission 7-303(1) & (2), 8-7-310(a)(1),
Standards for Tanks, Surface 8-7-310(a)(2), 8-7-209(b), 8-7-
Impoundments, and Containers, [61 FR 210(d), 8-7-218(c), 8-7-
59931] November 25, 1996, [59 FR 503(7), APC&E Reg. 23 Secs.
62896], December 6, 1994, [60 FR 23 260.11(a)-(b), 261.6(c)(1),
26828] May 19, 1995, [60 FR 50426] and 262.34(d)(2), Reg. 23
September 29, 1995, [60 FR 56952] Secs. 270.4(a)(2)-(4),
November 13, 1995, [61 FR 4903] 270.14(b)(5), 270.15(e),
February 9, 1996, [61 FR 28508] June 270.16(k), 270.17(j),
5, 1996. (Checklist 154, 154.1, 154.2, 270.27(a), 270.27(a)(1)-(7),
154.3, 154.4, 154.5, and 154.6). 262.20(f), 262.34(a)(1)(i) &
(ii), 264 Subsection CC & 265
Subsection CC; amended
February 25, 2000 effective
May 20, 2000.
51. Land Disposal Restrictions Phase A.C.A. Secs. 8-7-209(a)(5) and
III--Emergency Extension of the K088 6, APC&EC Regulation 23 Sec.
Capacity Variance, [62 FR 1992] 262.39(c); amended February
January 14, 1997. (Checklist 155). 25, 2000 effective May 20,
2000.
52. Military Munitions Rule: Hazardous A.C.A. Secs. 8-7-209(a)(10),
Waste Identification and Management; 8-7-209(b)(1), and 8-7-
Explosives Emergencies; Manifest 209(b)(1)(F), 8-7-209(a)(3), 8-
Exemption for Transport of Hazardous 7-209(a)(4) & 5, 8-7-224,
Waste on Right-of-Ways on Contiguous APC&E Reg. 23 Secs. 260.10
Properties, [62 FR 6622] February 12, ``Military Munition'',
1997. (Checklist 156). 261.2(a)(iii)(iv), 262.10(i),
263.10(e) & (f),
264.1(g)(8)(i)(D), (iv), and
(i), 264.70, 264 Subsection
EE, 265.1(c)(11)(i)(D), (iv),
& (f), 265.70, 266.201-203,
266.204-206,
270.1(c)(3)(i)(D), and (iii)
262.20(f), 266.205, 270.42(h)
& (i), 265.1200, 265.1201(a),
265.1201(a)(1)-(5),
265.1201(b),
265.1201(b)(1)(i),
265.120(1)(ii)(A)-(C),
265.1201(b)(2)-(3),
265.1201(c)-(f), 265.1202(a)-
(b), 266.200(a)-(b), and
270.42(h), 270.42(h)(1)-(3),
and 270.42(i), as amended
February 25, 2000 effective
May 20, 2000.
53. Land Disposal Restrictions--Phase A.C.A. Secs. 8-7-209(a)(4)-
IV: Treatment Standards for Wood (5), 8-7-209(6), 10, & 11, 8-7-
Preserving Wastes, Paperwork Reduction 202(2), 8-7-218(b)(2), 8-7-
and Streamlining, Exemptions From RCRA 218(c), 8-7-303(1) & 8-7-
for Certain Processed Materials; and 308(4), APC&E Reg. 23 Sec.
Miscellaneous Hazardous Waste 262.30(a)-(e), 268.1(e)(4),
Provisions, [62 FR 25998] May 12, 268.4(a)(2)(iv), 268.4(a)(4),
1997. (Checklist 157). 268.7(a)-(c)(2), 268.9(a),
268.9(d)(1)(ii), 268.32,
268.34-268.37, 268.44(o), 268
Appendices I-III, VI, VIII &
X, 268.42, Table 1, & 268.40;
261.1(c)(9)-(12), 261.2(c),
Table 1, 261.4(a)(13)-(14),
261.4(14)(i)-(ii),
261.69(a)(3)(ii), 268.1(e)
intro-(e)(3), 268.7(a)(1)-(3),
268.7(a)(i)-(ii), 268.7(a)(3)-
(4), 268.7(a), table,
268.7(a)(5), 268.7(a)(5)(i)-
(iii), 268.7(a)(6)-(9),
268.7(a)(9)(i)-(iv),
268.7(a)(10), 268.7(b),
268.7(b)(1)-(2), 268.7(b)(3)
intro, 268.7(b)(3)(i)-(ii),
268.7(b)(3)(ii), table,
268.7(b)(4), 268.7(b)(4)(i)-
(iii), 268.7(b)(4)-(6),
268.7(c)(1)-(2), as amended
February 25, 2000 effective
May 20, 2000.
54. Hazardous Waste Management; System; A.C.A. Secs. 8-7-209(a)(4),
Testing and Monitoring Activities, [62 APC&E Reg. 23 Secs.
FR 32452] June 13, 1997. (Checklist 260.11(a), 264.1034(d)(1)(iii)
158). & (f), 264.1063(d)(2), 264
Appendix IX,
265.1034(d)(1)(iii) and (f),
265.1063(d)(2), 266.104(e)(1),
266.106(g)(1) & (2) 266.107(f)
& 266 Appendix IX; amended
February 25, 2000 effective
May 20, 2000.
55. Hazardous Waste Management System; A.C.A. Secs. 8-7-209(a)(4), 8-
Carbamate Production, Identification 7-211, APC&E Reg. 23 Secs.
and Listing of Hazardous Waste; Land 261.32, 261.33(f), 261
Disposal Restrictions, [62 FR 32974] Appendices VII and VIII
June 17, 1997. (Checklist 159). 268.39(a) and (d), 268.40;
amended February 25, 2000
effective May 20, 2000.
56. Land Disposal Restrictions Phase A.C.A. Secs. 8-7-209(a)(5) and
III--Emergency Extension of the K088 6, APC&EC Reg. 23 Sec.
National Capacity Variance, [62 FR 262.39(c); amended February
37694] July 14, 1997. (Checklist 160). 25, 2000 effective May 20,
2000.
57. Second Emergency Revision of the A.C.A. Secs. 8-7-209(a)(5) and
Land Disposal Restrictions (LDR) 6, APC&EC Reg. 23 Sec.
Treatment Standards for Listed 268.40(g), 268.48(a); amended
Hazardous Wastes From Carbamate February 25, 2000 effective
Production, [62 FR 45568] August 28, May 20, 2000.
1997. (Checklist 161).
58. Clarification of Standards for A.C.A. Secs. 8-7-209(a)(5)and
Hazardous Waste LDR Treatment 6, APC&EC Regulation 23 Sec.
Variances, [62 FR 64504] December 5, 268.44(a), 268.44(h), &
1997. (Checklist 162). 268.44(m); amended February
25, 2000 effective May 20,
2000.
59. Organic Air Emission Standards for A.C.A. Secs. 8-7-209(10), 8-7-
Tanks, Surface Impoundments, and 209(b)(1), 8-7-209(b)(1)(F), 8-
Containers; Clarification and 7-303(1) & (2), 8-7-310(a)(1)
Technical Amendment, [62 FR 64636] & 2, 8-7-209(b), 8-7-210(d), 8-
December 8, 1997. (Checklist 163). 7-218(c), 8-7-503(7), APC&E
Regulation 23 Secs.
262.34(a)(1)(i) & (ii), 264
Subsection CC & 265 Subsection
CC; amended February 25, 2000
effective May 20, 2000.
60. Kraft Mill Steam Stripper A.C.A. Secs. 8-7-209(a)(4),
Condensate Exclusion, [63 FR 18504] APC&EC Regulation 23 Sec.
April 15, 1998. (Checklist 164). 261.4(a)(15); amended February
25, 2000 effective May 20,
2000.
61. Recycled Used Oil Management A.C.A. Secs. 8-7-204(b), 8-7-
Standards; Technical Correction and 205(1), 8-7-207, 8-7-
Clarification, [63 FR 24963] May 6, 209(a)(1), (5), (6), (7), (8),
1998. (Checklist 166). (10), & (12), 8-7-209(b)(5) &
(6), 8-7-210(b), 8-7-212, 8-7-
213, 8-7-214, APC&EC
Regulation 23 Secs. 261.5(j),
261.6(a)(3)(iv)(A)-(C), 279;
amended February 25, 2000
effective May 20, 2000.
[[Page 20044]]
62. Land Disposal Restrictions Phase A.C.A. Secs. 8-7-209(a)(5) and
IV--Treatment Standards for Metal 8-7-209(a)(6), APC&EC
Wastes and Mineral Processing Wastes, Regulation 23 Secs. 268.2(i),
[63 FR 28556] May 26, 1998. (Checklist 268.3(d), 268.34, 268.40(e) &
167 A). (h), 268 Table of Treatment
Standards, & 268.48; amended
February 25, 2000.
63. Land Disposal Restrictions Phase A.C.A. Secs. 8-7-209(b), 8-7-
IV--Hazardous Soils Treatment 205(1), 8-7-207, 8-7-
Standards and Exclusions, [63 FR 209(a)(1), (5), (6), (7), (8),
28556] May 26, 1998. (Checklist 167 B). (10), & (12), 8-7-209(b)(5) &
(6), 8-7-210(b), 8-7-212, 8-7-
213, 8-7-214, APC&EC
Regulation 23 Secs.
262.34(d)(4), 268.2(h) & (k),
268.7(a)(1)-(6), 268.7(b)(1)-
(3), 268.7(b)(4) intro &
268.7(b)(iv), 268.7(e),
268.9(d)(2), 268.9(d)(2)(i),
268.44(h)(3)-(5) & 268.49;
amended February 25, 2000.
64. Land Disposal Restrictions--Phase A.C.A. Secs. 8-7-209(b), 8-7-
IV--Corrections, [63 FR 28556] May 26, 205(1), 8-7-207, 8-7-
1998. (Checklist 167 C). 209(a)(1), (5), (6), (7), (8),
(10), & (12), 8-7-209(b)(5) &
(6), 8-7-210(b), 8-7-212, 8-7-
213, 8-7-214, APC&E Regulation
23 Secs. 268.4(a)(2)(ii) &
(iii), 268.7(a)(7),
268.7(b)(3)(ii) Table,
268.7(b)(4)(iv)(v),
268.7(b)(5) & (6), 268.40
Table, 268.40(e), 268.42(e),
268.42(a), 268.45(a),
268.45(d)(3) & (4), 268.48, &
268 Appendices VII & VIII; as
amended February 25, 2000,
effective May 20, 2000.
65. Bevill Exclusion Revisions and A.C.A. Secs. 8-7-209(a)(4),
Clarification, [63 FR 28556] May 26, APC&E Regulation 23 Secs.
1998. (Checklist 167 E). 261.4(a)(16)(iii) & 261.38; as
amended February 25, 2000,
effective May 20, 2000.
66. Exclusion of Recycled Wood A.C.A. Secs. 8-7-209(a)(4),
Preserving Wastewaters, [63 FR 28556] APC&E Regulation 23 Secs.
May 26, 1998. (Checklist 167F). 261.4(a)(9)(iii); as amended
February 25, 2000, effective
May 20, 2000.
67. Hazardous Waste Combustors Revised A.C.A. Secs. 8-7-209(a)(4),
Standards, [63 FR 33782] June 19, APC&E Regulation 23 Secs.
1998. (Checklist 168). 261.4(a)(16)(iii) & 261.38; as
amended February 25, 2000,
effective May 20, 2000.
68. Petroleum Refining Process Waste, A.C.A. Secs. 8-7-209(a)(4),
[63 FR 42110-42189] August 6, 1998. APC&E Regulation 23 Secs.
(Checklist 169). 261.3(c)(2)(ii)(B),
261.4(a)(12), 261.4(a)(18) &
(19), 261.6(a)(3)(iv)(C) &
(v), 261.31(a) &
266.100(b)(3);
261.3(a)(2)(iv)(C),
261.3(c)(2)(ii)(B),
261.3(c)(2)(ii)(E),
261.4(a)(12)(i),
261.4(12)(ii), 261.4(a)(18),
261.4(a)(18)(i)-(ii),
261.4(a)(19),
261.6(a)(3)(iv)(C),
261.6(a)(3)(v), 261.31(a), and
266.100(b)(3), as amended
February 25, 2000, effective
May 20, 2000.
69. Land Disposal Restrictions Process-- A.C.A. Secs. 8-7-209(a)(5)and
Phase IV, [63 FR 46332] August 31, 6, APC&EC Regulation 23 Sec.
1998. (Checklist 170). 268.40(i); as amended February
25, 2000, effective May 20,
2000.
70. Emergency Revisions of LDR A.C.A. Secs. 8-7-209(a)(5) and
Treatment Standards, [63 FR 47409] 8-7-209(a)(6), APC&EC
September 4, 1998. (Checklist 171). Regulation 23 Secs. 268.40(g)-
(j), 268.40 Table, & 268.48(a)
Table; as amended February 25,
2000, effective May 20, 2000.
71. Emergency Revisions of LDR A.C.A. Secs. 8-7-209(a)(5)and
Treatment Standards, [63 FR 48124] 6, APC&EC Regulation 23 Sec.
September 9, 1998. (Checklist 172). 268.34(b); as amended February
25, 2000, effective May 20,
2000.
72. Land Disposal Restrictions A.C.A. Secs. 8-7-209(a)(5) and
Treatment Standards (Spent Potliners), 6, APC&EC Regulation 23 Sec.
[63 FR 51254] September 24, 1998. 268.40, Table of Treatment
(Checklist 173). Standards; as amended February
25, 2000, effective May 20,
2000.
73. Standards Applicable to Owners and A.C.A Secs. 8-7-204(b), 8-7-
Operators of Closed/Closing 205(1), 8-7-207, 8-7-
Facilities, [63 FR 56710] October 22, 209(a)(1), (5), (6), (7), (8),
1998. (Checklist 174). (9), (10), & (12), 8-7-
209(b)(5) & (6), 8-7-210(b), 8-
7-212-218, 8-7-220-222, APC&EC
Regulation 23 Secs. 270.14 &
270.28; as amended February
25, 2000, effective May 20,
2000.
74. Hazardous Remediation Waste A.C.A. Secs. 8-7-204(b), 8-7-
Management Requirements (HWIR-Media), 205(1), 8-7-207, 8-7-
[63 FR 65874] November 30, 1998. 209(a)(1), (5), (6), (7), (8),
(Checklist 175). (10), & (12), 8-7-209(b)(5) &
(6), 8-7-210(b), (5) & (6), 8-
7-210(b), 8-7-212-218, 8-7-220-
222, 8-7-505(3), 8-7-507, 8-7-
508(a)(1) & (3), 8-7-5-11,
APC&EC Regulation 23 Secs.
260.10, 264.552(a),
264.553(a), 270.2, 270.11(d),
270.42, 270.68, 270.73(a) &
270. Subsection H (270.79-
270.230,23 261.4(g)intro,
261.4(g)(1), 261.4(g)(2)
intro, 261.4(g)(2)(ii)-(iii),
264.1(j)(2)-(3),
264.1(j)(3)(i)-(ii),
264.1(j)(4)-(17), 264.101,
264.554(b), 264.554(c) intro,
264.554(c)(1)-(3), 264.554(d)
intro, 264.554(d)(1)(i)-(iii),
264.554(d)(2),
264.554(d)(2)(i)-vi),
264.554(e)intro,
264.554(e)(1)(i)-(ii),
264.554(e)(2),
264.554(f)intro, 264.554(f)(1)-
(3), 264.554(g)-(h),
264.554(i)intro,
264.554(i)(1),
264.554(i)(1)((i)-(ii),
264.554(i)(2), 264.554(j)
intro, 264.554(j)91),
264.554(j)(1)(i)-(iii),
264.554(j)(2)-(3), 264.554(k)
intro, 264.554(k)(1),-(2),
264.554(1)-(2), 264.554(1)
intro, 264.554(1)(1),
264.554(1)(i)-(ii),
264.554(1)(2)-(4), 264.554(m),
as amended February 25, 2000,
effective May 20, 2000.
75. Universal Waste Rule; Technical A.C.A. Secs. 8-7-204(b), 8-7-
Amendment, [63 FR 71225] December 24, 205(1), 8-7-207, 8-7-
1998. (Checklist 176). 209(a)(1), (5), (6), (7), (8),
(10), & (12), 8-7-209(b)(5) &
(6), 8-7-212-214, APC&EC
Regulation 23 Secs. 260.10,
261.5(c), 261.5(f)((3)(vi),
261.5(g)((3)(vi), 261.9,
262.10(b), 262.11(d),
264.1(g)(11), 265,1(c)(14),
261.9(a), 264.1(g)(11)(i ),
265.1(c)(14)(i), 266.80(a),
266.80(b), 268.1(f)(1),
270.1(c)(2)(viii)(A),
273.1(a)(1), 273.2, 268.1(f),
270.1(c)(2)(viii)-(A),
273.1(a)-(b), 273.5-6, 273.10-
11-14, 273.13(a), 273.14(a),
273.15-273.31, 273.32(a)(1) &
(2), 273.32(b), 273.33(a),
273.34, 273.34(a), 273.35-
273.70; 264.1083(b)(1)(ii),
264.1084(h)(3),
264.1084(h)(3)(i)-(ii),
264.1086(e)(6), and
265.1080(b)(5), as amended
February 25, 2000, effective
May 20, 2000.
76. Organic Air Emission Standards, [64 A.C.A. Secs. 8-7-303(1) & (2),
FR 3381] January 21, 1999. (Checklist 8-7-310(a)(1) & (2), 8-7-
177). 310(a)(1) & (2), 8-7-209(b), 8-
7-210(d), 8-7-218(c), 8-7-
503(7), APC&EC Regulation 23
262.34(a)(1)(9)(i) & (ii),264,
Subsection CC, & 265,
Subsection, CC;
262.34(a)(1)(i)-(ii), as
amended February 25, 2000,
effective May 20, 2000.
77. Petroleum Refining Process Wastes, A.C.A. Secs. 8-7-209(a)(4),
[64 FR 6806] February 11, 1999. APC&EC Regulation 23 Sec.
(Checklist 178). 261.4(b)(15); as amended
February 25, 2000, effective
May 20, 2000.
[[Page 20045]]
78. Land Disposal Restrictions Phase IV- A.C.A. Secs. 8-7-209(b), 8-7-
Technical Corrections and 205(1), 8-7-207, 8-7-
Clarifications to Treatment Standards, 209(a)(1), (5), (6), (7), (8),
[64 FR 25408] May 11, 1999. (Checklist (10), & (12), 8-7-209(b)(5) &
179). (6), 8-7-210(b), 8-7-212, 8-7-
213, 8-7-214, APC&EC
Regulation 23 Secs.
262.34(d)(4), 268.2(h) & (k),
268.7(a)(1)-(6), 268.7(b)(1)-
(3), 268.7(b)(4) intro &
(b)(iv), 268.7(e),
268.9(d)(2), 268.9(d)(2)(i),
268.44(h)(3)-(5) & 268.49;
268.4(a)(2)(ii)&(iii),
268.7(a)(7), 268.7(b)(3)(ii)
Table, 268.7(b)(4)(iv)(v),
268.7(b)(5)&(6), 268.40 Table,
268.40(e), 268.42(e),
268.42(a), 268.45(a),
268.45(d)(3)&(4), 268.48, &
268 Appendices VII & VIII; as
amended February 25, 2000.
79. Test procedures for the Analysis of A.C.A. Secs. 8-7-209(a)(4),
Oil and Grease and Non-Polar Material, APC&EC Regulation 23 Sec.
[64 FR 26315] May 14, 1999. (Checklist 260.11(a)(11) & 260.11(a)(16);
180). as amended February 25, 2000,
effective May 20, 2000.
80. Universal Waste Rule, [64 FR 36466] A.C.A. Secs. 8-7-209(b), 8-7-
July 6, 1999. (Checklist 181). 205(1), 8-7-207, 8-7-
209(a)(1), (5)-(10) & (12), 8-
7-209(b)(5) & (6), 8-7-210(b),
8-7-212-214, APC&EC Regulation
23 Secs. 260.10, 261.9(b)(d),
264.1(g)(11)(ii)-(iv),
265.1(c)(14)(ii)-(iv),
268.1(f)(2)-(4), 273.1(a)(2)-
(4), 270.1(c)(2)(viii)(B)-(D),
273.1(a)(2)-(4), 273.2(a)(1),
273.2(b)(2) & (3), 273.2(a),
273.4(a), 273.5-273.10,
273.13(d), 273.14(e) & 273.30;
as amended February 25, 2000,
effective May 20, 2000.
------------------------------------------------------------------------
E. What Is the Relationship Between the Resource Conservation and
Recovery Act and the Hazardous Waste Combustor MACT? How Does This
Affect Delegation of This Standard to Arkansas Department of
Environmental Quality's Authorization?
In this authorization document, the State of Arkansas is also
seeking authorization for the Post-Closure Permit Requirement and
Closure Process, (Checklist 174). On September 30, 1999, the EPA
finalized the National Emission Standards for Hazardous Air Pollutants
(NESHAP) for three categories waste combustors (HWCs): incinerators,
cement kilns and light-weight aggregate kilns (64 FR 52828). The EPA
promulgated this rule under joint authority of the Clean Air Act (CAA)
and (RCRA). Before this rule went into effect, the air emissions from
these three types of HWCs were primarily regulated under the authority
of RCRA (see 40 CFR parts 264, 265, 266, and 270). However, with the
release of the final HWC NESHAP (see 40 CFR part 63 subpart EEE), the
air emissions from these sources are now regulated under RCRA and the
CAA. Even though both statutes give us the authority to regulate these
emissions, we determined that having emissions standards and permitting
requirements in both sets of implementing regulations would be
duplicative. For this reason, using the authority provided by section
1006(b) of RCRA, we deferred the RCRA requirements for HWC emission
controls to the CAA requirements of 40 CFR part 63 subpart EEE.
Therefore, with today's authorization of the State of Arkansas for
the RCRA provisions of the September 30, 1999, HWC NESHAP rule, the
RCRA waste management standards for air emissions from these units will
no longer apply after the facility has demonstrated compliance with 40
CFR part 63 subpart EEE. One notable exception concerns section
3005(c)(3) of RCRA, which requires that each RCRA permits contain the
terms and conditions necessary to protect human health and the
environment. Under this provision of RCRA, if a regulatory authority
determines that more stringent conditions than the HWC NESHAP are
necessary to protect human health and environment for a particular
facility, then the regulatory authority may impose those conditions in
the facility's RCRA permit. (See the HWC MACT rule preamble discussion
on the interrelationship of the MACT rule with the RCRA Omnibus
provision and site specific risk assessment at (64 FR 52828, pages
52839-52843, September 30, 1999, and RCRA Site-Specific Risk Assessment
Policy for Hazardous Waste Combustion Facilities dated June, 2000, for
more information.
F. What Decisions Have We Made?
We conclude that Arkansas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, Arkansas is granted final authorization
to operate its hazardous waste program as revised, assuming no adverse
comments are received as discussed above. Upon effective final
approval, Arkansas will be responsible for permitting treatment,
storage, and disposal facilities within its borders (except in Indian
Country) and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Arkansas, including
issuing permits, until the State is granted authorization to do so.
G. How Do the Revised State Rules Differ From the Federal Rules ?
On April 1994, Arkansas Department of Pollution Control and Ecology
(ADPC&E), revised its Regulation Number 23 from one of ``incorporation
by reference'' to the adoption and incorporation of a version of the
full text of the Federal regulatory language. The last authorization
that was granted to the State of Arkansas was RCRA Cluster II in 1994
which at that the State incorporated by reference. Since the verbatim
adoption, the following regulations are different from the Federal
regulations that were incorporated in the State's Program description
submitted with clusters III through IX with one Checklist 181 in
cluster X.
Areas Where the State program Is More Stringent
Arkansas has enacted several requirements under its
hazardous waste management program which are either in addition to,
more stringent than, or broader in scope than the minimum standards of
the Federal RCRA program set forth in 40 CFR Parts 260-279. These
additional State requirements are set forth in the Arkansas Regulation
No 23 Sections 1-6 and Sections 18-30, and appear in Sections 260-279
in italicized in Arkansas Reg No 23 are typed to distinguish them from
the adopted Federal language. The following State requirements are more
stringent than the corresponding Federal regulation. The reader is
referred to the appropriate Statement of the Independent Legal Counsel
in the authorization application for the specific Cluster for detailed
[[Page 20046]]
discussion of the significance of these differences.
In the definition of ``Existing hazardous waste management
(HWM) facility'', the deadline for the operation or construction of a
facility to be included in this definition is 20 months earlier than
the date set in the Federal regulations. Thus, more facilities are
subject to the more stringent requirements for new facilities than is
the case under the Federal requirements.
Regulation No. 23 Sec. 262.13(g) requires that all
generators of hazardous wastes newly characterized as Toxicity
Characteristic wastes must notify the Department even if they have
previously notified the Department of other hazardous waste activity.
The Federal program does not have an analogous requirement, making the
State requirement more stringent.
Arkansas does not have an analog to Sec. 262.20(e) which
allows generators under certain specified conditions (e.g., tolling
arrangements) not to be subject to the manifest requirements. This
difference makes the State provisions more stringent than their Federal
counterparts.
Regulation No. 23 Sec. 262.21(d) requires the use of the
Arkansas version of the uniform manifest form; the use of the generic
uniform manifest is not allowed.
Regulation No. 23 Sec. 262.24 contains additional
requirements for generators not found in the Federal program including
(1) submitting documentation that a weight difference of more than 10%
between the initial and final weights on a manifest has been resolved
between the generator and the treatment, storage, and disposal facility
(TSDF). Under the Federal requirements only the TSDF has to submit such
documentation, and (2) submitting a discrepancy report as per the
criteria defined by the State's counterpart to Sec. 265.72. Under the
Federal program, only the TSDF has to submit this report.
Regulation No. 23 Sec. 262.35 contains more stringent
management requirements for conditionally-exempt small quantity
generators.
Regulation No. 23 Sec. 262.41 requires that generators
submit annual rather than biennial reports. This is a more stringent
requirement.
Under Regulation No. 23 Sec. 262.41(e), Arkansas provision
is more stringent in that a generator must report accumulated wastes in
addition to stored wastes. Under the Federal program, only stored
wastes must be reported.
Arkansas does not have an analog to Sec. 262.44 which
subjects generators of between 100 and 1000 kg per month to reduced
recordkeeping requirements. This difference makes the State program
more stringent than the Federal program.
Regulation No. 23 Sec. 262.50(c) requires that a copy of
all export notifications and manifests that are submitted to EPA be
also submitted to the Department. This is a more stringent requirement.
Reg. No. 23 Sec. 260.10, definition of ``commingling''
prohibits transporters from commingling wastes in any manner that
constitutes treatment.
Reg. No. Sec. 263.11(c) requires that each transfer
facility obtain an EPA identification number. This difference makes the
State's provisions more stringent than the Federal program.
Arkansas has several specific authorities which relate to
siting of hazardous waste management facilities. A.C.A. Sec. 8-7-223
specifically prohibits a landfill disposal facility from being located
within one-half mile of any occupied dwelling unless the applicant can
demonstrate and the Department finds that a lesser distance will
provide an adequate margin of safety under normal operating conditions.
Likewise, A.C.A. Sec. 8-6-1504 (in the Arkansas Environmental Equity
Act (Act 1263 of 1993)) establishes a rebuttable presumption against
siting any ``high impact solid waste management facility'' within 12
mile radius of any other such facility. The definition of a high impact
solid waste management facility includes all commercial hazardous waste
incinerators and commercial hazardous waste treatment, storage, or
disposal facilities.
Reg. No. 23 Sec. 264.16(f) has no Federal counterpart and
requires that at least one person certified by the State be on duty at
all times before a commercial hazardous waste treatment, storage, or
disposal facility will be permitted to operate. Certified persons must
meet certain qualifications including physical capability; a B.S.
degree or equivalent related experience in engineering, physical
science, health sciences or related disciplines; familiarity with
principles of industrial operation; and be a U.S. citizen. Facilities
must also maintain records of employees, provide personnel training and
review and require annual health physicals. These provisions make the
Arkansas program more stringent than the Federal program.
Reg. No. 23 Sec. 264.18(d)-(i) have no Federal counterpart
and state that treatment, storage, and disposal facilities will not be
permitted in an active fault zone, regulatory floodway, 100-year
floodplain, recharge zone or wetland area unless it can be proven that
there is no risk to public health or the environment. Facilities
located within an area containing geologic or pedologic factors will
not be permitted nor will any facility located within one half mile of
an occupied dwelling, school or hospital. These provisions are more
stringent than the Federal location requirements at 40 CFR 264.18.
Reg. No. 23 Secs. 264.19(a), 264.115 and 264.120 restrict
the engineers who can develop and implement a CQA to those registered
in Arkansas. The Federal regulations allow registration in any State.
This difference makes the State more stringent.
Reg. No. 23 Sec. 264.20 has no Federal counterpart and
contains performance standards that are specific to Arkansas. These
standards make the State more stringent.
Reg. No. 23 Sec. 264.75 requires that facilities submit
annual rather than biennial reports. This difference makes the State
program more stringent than the Federal program.
Reg. No. 23 Sec. 264.75(i) requires annual submission of
groundwater monitoring data. Under the Federal requirements, these data
must only be submitted by interim status facilities. This difference
makes the Arkansas program more stringent than the Federal program.
Reg. No. 23 Sec. 264.175(b)(2) has no Federal counterpart
and requires an impermeable coating on all surfaces of the secondary
containment structure for container storage areas. This difference
makes Arkansas' program more stringent than the Federal program.
Reg. No. 23 Secs. 264.191 through 264.193 restrict those
engineers who can inspect or certify a tank system's integrity to those
registered in Arkansas. The Federal requirements allow registration in
any State. Arkansas is therefore more stringent.
Reg. No. 23 Sec. 264.571(b) requires that for immediate
protection of the environment, all existing drip pads must have an
impermeable coating or cover in place not later than September 30,
1995. This requirement is more stringent than its Federal counterpart.
Reg. No. 23 Secs. 264.571(a)-(c) and 264.573(m)(3)
restrict engineers who can certify a drip pad's integrity or completed
repairs to those registered in Arkansas. The Federal counterparts allow
engineers to certify that are registered in any state. This difference
makes the State's program more stringent.
Reg. No. 23 Secs. 264.573(a)(4)(i) states that penetrating
sealants are not adequate to meet the coating or cover requirements for
drip pads. The Federal
[[Page 20047]]
requirements do not have this restriction; therefore, the State
requirement is more stringent.
Reg. No. 23 Sec. 264.601(d)&(e) have no Federal
counterpart and prohibit open burning or detonation of hazardous wastes
on unprotected ground. Open burning or open detonation may only be
conducted in or on an elevated containment device which will prevent
leaching or migration of waste. Prior to open burning or detonation, a
RCRA permit must be obtained and it must be demonstrated that no other
feasible alternative is available. These requirements are consistent
with Federal requirements at 40 CFR part 264, subpart X. However, the
required demonstration that there are no other feasible alternatives is
a more stringent provision.
Reg. No. 23 Sec. 264.1101(c)(2) & (c)(3)(iii) restrict the
engineers who can certify a containment design or completed repairs to
those registered in Arkansas. Under the Federal requirements the
engineer can be registered in any state.
Because Arkansas law does not distinguish between
corrective action on-site and off-site, demonstration of financial
responsibility is required for corrective action wherever it is needed.
Arkansas allows existing facilities to continue operation
only if the facility was in existence on March 14, 1979, and submitted
an initial State application form to the Department by September 14,
1979. A.C.A.Sec. 8-7-216 requires that an initial State application for
interim status be submitted to the Department by September 14, 1979.
Thus, Arkansas has a more stringent form of interim status.
Reg. No. 23 Sec. 265.75 requires that facilities submit
annual rather than biennial reports. This difference makes the State
program more stringent than the Federal program.
Reg. No. 23 Secs. 265.143(h), 265.143(h) and 265.147(e)
require that the engineer who certified closure be registered in
Arkansas. Under the Federal requirements, the engineer may be
registered in any state.
Reg. No. 23 Secs. 265.191 through 265.193, 265.196(f) and
265.280(e) restrict those engineers who can inspect or certify a tank
system's integrity to those registered in Arkansas. The Federal
requirements allow registration in any State. Arkansas is therefore
more stringent.
Reg. No. 23 Secs. 265.441(a) and (c), 265.443(g) and
(m)(3) and 265.444(a) restrict engineers who can certify a drip pad's
integrity or completed repairs to those registered in Arkansas. The
Federal counterparts allow engineers to certify that are registered in
any state. This difference makes the State's program more stringent.
Reg. No. 23 Sec. 265.441(b) requires that for immediate
protection of the environment, all existing drip pads must have an
impermeable coating or cover in place not later than September 30,
1995. This requirement is more stringent than its Federal counterpart.
Reg. No. 23 Sec. 265.443(a)(4)(i) states that penetrating
sealants are not adequate to meet the coating or cover requirements for
drip pads. The Federal requirements do not have this restriction;
therefore, the State's provision is more stringent.
Reg. No. 23 Sec. 265.1101(c)(2) and (c)(3)(iii) restrict
the engineers who can certify a containment design or completed repairs
to those registered in Arkansas. Under the Federal requirements the
engineer can be registered in any state.
At Reg. No. Sec. 270.2 ``existing hazardous waste
management facility'', the date to qualify for interim status is prior
to the corresponding Federal date. This difference makes the state more
stringent because fewer facilities qualify for the interim status
requirements.
Reg. No. 23 Sec. 270.7 has no direct analog in the Federal
requirements and includes additional requirement relative to permit
application. Some of the requirements are a restatement of the Federal
requirements, but others are additional demonstrations which must be
made or information which must be provided. Included are such things as
evidence that the contingency plan has been developed in consultation
with the fire department, the Mayor/City Manager/County Judge in the
municipality/county in which the facility is to be located; provision
of contracts, agreements, and such other documentation to demonstrate
that the waste which will be disposed of is waste which resulted from
the treatment of waste to the full extent of known technology and
economics or is waste for which there is no technically and
economically feasible means of treatment available; demonstration of
full fee ownership of lands and all mineral rights; location and places
where public notice must be made; proof of public notice of application
submission prior to any permit decision; written notice to all
landholders and tenants of property contiguous to the proposed or
existing facility; evidence of good faith effort to contact all
contiguous landholders; and permittee must submit as part of the annual
permit review process a plat of any landfill disposal area in which
waste has been disposed. These requirements make the state's provision
more stringent.
Reg. No. 23 Sec. 270.10(e)(1) requires that any facility
in existence on March 14, 1979, submit a permit application on or
before September 4, 1979. The State requirement is more stringent
because if the application was not submitted to the Department as
required under the State Act, the facility is not eligible for interim
status.
Under Reg. No. 23 Sec. 270.10(e)(8), Arkansas can take
immediate enforcement action relative to an application deficiency;
whereas the Federal requirements allow 30 days to fix the application.
This difference makes the state's requirement more stringent.
Reg. No. 23 Sec. 270.13(o), which does not have a Federal
analog, requires disclosure information to be submitted as part of the
permit application. A.C.A. Sec. 8-1-106(b) provides the State with the
authority to require this information. This requirement makes Arkansas
more stringent than the Federal program.
Reg. No. 23 Secs. 270.14(a), 270.16(a), 270.26(c)(15) and
270.30(l)(2)(i) are more stringent because they restrict those
registered professional engineers who can certify certain technical
data those who are registered in Arkansas. The Federal requirements
allow the engineer to be registered in any state.
In Reg. No. 23 Sec. 270.19(d), Arkansas uses ``may''
rather than ``shall'' giving the Director the discretion for non-
approval. The Administrator does not have this discretion making the
State more stringent.
Reg. No. 23 Sec. 270.30(l)(9) requires an annual rather
than a biennial report.
Reg. No. 23 Sec. 270.34, which does not have a Federal
analog, requires that a survey be conducted by any appropriate health
agency to establish baseline health data. In addition, the state
requires that if emissions from any hazardous waste management facility
are related to disease etiology, the Department shall conduct pertinent
epidemiologic investigation. This requirement makes the state more
stringent.
At Reg. No. 23 Sec. 270.70(b), the analog to 40 CFR
270.70(b), Arkansas does not allow the owner/operator 30 days to
explain or correct a deficiency. This difference makes the state more
stringent.
Reg. 23 Sec. 273.5(b)(3) specifically excludes broken and
crushed lamps as well as the debris from broken or crushed lamps from
being managed under the universal waste program.
Arkansas requires that used oil handlers use the State's
Notification of
[[Page 20048]]
Regulated Waste Activity form to obtain an EPA identification number;
requests via an ordinary letter are not accepted.
Used oil transporters, processors, re-refiners, burners,
and marketers who have previously obtained an EPA identification number
must renotify in order to register their used oil activities with the
Department.
At Regulation No. 23 Sec. 279.82, used oil used as a dust
suppressant may not exhibit any characteristic of a hazardous waste,
and such use must prevent the oil or any component of the oil from
entering any waters of the State.
Areas Where the State Program Is Broader in Scope
The following State requirements are broader in scope than the
corresponding Federal regulation. The reader is referred to the
appropriate Statement of the Independent Legal Counsel in the
authorization application for the specific Cluster for detailed
discussion of the significance of these differences.
Reg 23 Sec. 6(n), (o), (p), and (q) establishes an annual
monitoring and inspection fee for fully-regulated and small quantity
generators; Sec. 25 establishes an annual fee on hazardous waste
generation.
Regulation No. 23 Secs. 262.13(d) and 262.24(e) require
that generators give their wastes only to permitted transporters,
because Arkansas requires that transporters be permitted by the
Arkansas Highway Police. This is a broader in scope provision.
Reg. No. 23 Secs. 263.10(d) and 263.13 require that any
person transporting hazardous waste in, from or through Arkansas must
have a permit from the Arkansas Highway Police. Sec. 263.13 outlines
the specific requirements for this permit. This difference makes the
State's program broader in scope than the Federal program. A.C.A
Sec. 8-7-209(a)(6) provides the authority to require such permits.
In addition to the notification requirements found at 40
CFR 263.30(c)(1)&(2), Arkansas requires immediate notice to the
Arkansas State Police and the principal officer or designated contact
for the transporter.
Reg. No. 23 Sec. 263.30(c)(4) requires that copies of
reports required by the U.S. Department of Transportation and the
National Response Center be sent simultaneously to ADEQ.
Reg. No. 23 Sec. 6(a)-(n), (t), (u), (w), (x), and (z)
establish a fee system for hazardous waste permitting and related
activities; Sec. 25 establishes an annual fee for treatment, storage,
or disposal of out-of-state waste.
Reg. No. 23 Sec. 264.71(e) has no Federal counterpart and
requires notification to the State of unpermitted transporters arriving
at a transport, storage and disposal( TSD) facility, because all
persons who transport hazardous waste in, from or through Arkansas must
have a permit. This provision makes the State's program broader in
scope.
State corrective action authority covers hazardous
substances (including petroleum and petroleum-based products), rather
than only hazardous wastes and hazardous constituents as prescribed by
Federal law. Thus, State authorities are broader in scope in this
regard than the Federal program's. (See A.C.A. Sec. 8-7-502, Sec. 8-7-
503(12), Sec. 8-7-508(a)(1).)
Reg. No. 23 Sec. 265.71(e) has no Federal counterpart and
requires notification to the State of unpermitted transporters arriving
at a TSD facility, because all persons who transport hazardous waste
in, from or through Arkansas must have a permit. This provision makes
the State's program broader in scope.
Fees are required by A.C.A. Sec. 8-7-226 and Reg. No 23,
Section 6 for permitting. This requirement is broader in scope because
there is no direct Federal analog addressing permit fees.
Arkansas distinguishes between commercial and non-
commercial waste activities in setting its permit fee schedule.
Areas Where the State Program Differs From the Federal Program
Arkansas does not provide for a State delisting program.
To delist a waste in Arkansas, an applicant must first complete the
process to obtain a final delisting decision from the EPA
Administrator. Once a final federal delisting decision has been
published in the Federal Register, it is not effective in Arkansas
until the Arkansas Pollution Control and Ecology Commission completes
rulemaking to approve and incorporate the federal decision in
Regulation No. 23.
Reg. No. 23 Sec. 264.13(a)(1) provides that the analysis
must, at a minimum, include a detailed waste characterization by a
commercial facility for at least 10% of the waste handled for each
large quantity generator shipping to the facility. The Federal
requirements at 40 CFR 264.13(a) do not contain this specification;
however, this additional State requirement is consistent with the
Federal requirements.
Reg. No. 23 Sec. 265.13(a)(1) provides that the analysis
must at a minimum include a detailed waste characterization by a
commercial facility for at least 10 % of the waste handled for each
large quantity generator shipping to the facility. The Federal
requirements at 40 CFR 265.13(a) do not contain this specification;
however, this requirement is consistent with the Federal requirements.
Arkansas does not include an analog to the HSWA provision
at 40 CFR 270.10(e)(1)(iii) because the date has passed and the Federal
date overrides.
Reg. No. 23 Sec. 270.12 contains state- and program-
specific requirements for the submittal and handling of confidential
business information in conjunction with permit applications and
processing.
General Comparison Between Arkansas's Hazardous Waste Regulations and
the Federal Regulations
------------------------------------------------------------------------
EPA regulation: Code of
Federal Regulations (40 CFR) State regulation Description
------------------------------------------------------------------------
No analogous provisions....... Reg. 23 Sec. 1.. Authorities.
No analogous provisions....... Reg. 23 Sec. 2.. Violations.
No analogous provisions....... Reg. 23 Sec. 3.. Amendments and
Updates.
No analogous provisions....... Reg. 23 Sec. 4.. Conflict of Interest.
No analogous provisions....... Reg. 23 Sec. 6.. Permit and
Administrative Fees.
PART 260...................... Reg. 23 Sec. 260 Hazardous Waste
Management System:
General.
PART 261...................... Reg. 23 Sec. 261 Identification and
Listing of Hazardous
Waste.
PART 262...................... Reg. 23 Sec. 262 Standards Applicable
to Generators of
Hazardous Waste.
PART 263...................... Reg. 23 Sec. 263 Standards Applicable
to Transporters of
Hazardous Waste.
[[Page 20049]]
PART 264...................... Reg. 23 Sec. 264 Standards for Owners
and Operators of
Hazardous Waste
Treatment, Storage,
and Disposal
Facilities.
PART 265...................... Reg. 23 Sec. 265 Interim Status
Standards for Owners
and Operators of
Hazardous Waste
Treatment, Storage,
and Disposal
Facilities.
PART 266...................... Reg. 23 Sec. 266 Standards for the
Management of
Specific Hazardous
Wastes and Specific
Types of Hazardous
Waste Management
Facilities.
PART 268...................... Reg. 23 Sec. 268 Land Disposal
Restrictions.
PART 270/124.................. Reg. 23 Sec. 270 The Hazardous Waste
Permit Program.
PART 273...................... Reg. 23 Sec. 273 Standards for
Universal Waste
Management.
PART 279...................... Reg. 23 Sec. 279 Standards for the
Management of Used
Oil.
No analogous provisions....... Reg. 23 Sec. 19. Effect of Federal
Regulations.
No analogous provisions....... Reg. 23 Sec. 20. Authority to Enter
into Memoranda of
Agreement.
No analogous provisions....... Reg. 23 Sec. 21. Definitions:
Memoranda of
Agreement.
No analogous provisions....... Reg. 23 Sec. 22. State/EPA Memorandum
of Agreement.
No analogous provisions....... Reg. 23 Sec. 23. Authority: Remedial
Actions Trust Fund.
No analogous provisions....... Reg. 23 Sec. 24. Remedial Action
Revolving Loans.
No analogous provisions....... Reg. 23 Sec. 25. Fees on the
Generation of
Hazardous Waste.
No analogous provisions....... Reg. 23 Sec. 26. Criteria for Listing
Hazardous Substance
Sites.
No analogous provisions....... Reg. 23 Sec. 27. Remedial Action Trust
Fund Priority List.
No analogous provisions....... Reg. 23 Sec. 28. Penalty Policy and
Administrative
Procedures.
No analogous provisions....... Reg. 23 Sec. 29. Severability.
No analogous provisions....... Reg. 23 Sec. 30. Effective Date.
------------------------------------------------------------------------
In the Consolidated Independent Counsel's Statement for RCRA
Clusters III, through IX and Checklist 181 in RCRA Cluster X (Universal
Waste Rule; Specific Provisions for Lamps ), the EPA considered the
following State requirement to be more stringent than the Federal:
Under Checklist 118 Liquids in Landfills, at State citation 364.314(a),
264.314(d), 265.314(a), & 265.314(c) which is the counterpart to the
Federal citation, the State is more stringent because it prohibits the
disposal of any liquids in hazardous waste landfills in lieu of the
provisions of 40 CFR 364.314(a), 264.314(d), 265.314(a), & 265.314(c).
The State citations 264.571(b), 264.573(a)(4)(i)-(ii), 265.441(a)-(b),
265.443(a)(4)(i)-(ii), the State has retained several more stringent
requirements for drip pad construction, specifically a requirement to
provide all existing drip pads with a impermeable coating prior to
September 30, 1995 and a prohibition against using penetrating sealants
to meet any requirements for an impermeable coating. Checklist 137
(Universal Treatment Standards and Treatment Standards for Organic
Toxicity Characteristic Wastes and Newly Listed Wastes), the State
requirements are equivalent to those of the Federal regulations with
the exception of the provisions of 40 CFR 268.7(a)(10), which provides
an exemption for wastes managed under tolling arrangements as provided
under 40 CFR 262.20(e). Arkansas does not allow the exemptions provided
under this federal rule, and thus , does not exempt the wastes listed
at 40 CFR 268.7(a)(10). Therefore the State's regulation at
Sec. 268.7(a)(10) is more stringent than the Federal rule.
Under RCRA Expanded Public Participation (checklist 148), the
requirements set forth at 40 CFR 124.31(a) have been adopted and
incorporated into the previous State requirements for public
participation in the permit process at Regulation No. 23 Sec. 270.7.
State requirements are generally equivalent to the Federal regulations
with the following exception: Pursuant to A.C.A. Sec. 8-7-217 Arkansas
requires that a public notice be published ``in the largest newspaper
published in the county in which a facility or facilities are located
or proposed to be located, as well as published in the largest
newspaper published in the adjoining counties.'' This provision makes
the State requirement more stringent, as the Federal regulation simply
specifies a display newspaper advertisement. Arkansas requires
additional information to be submitted along with the description and
location of the facility. This provision makes the State requirement
broader in scope. At Sec. 270.7(e)(2)(i), Regulation 23 requires the
facility owner/operate to publish the public notice and then provide
proof of such notice (a copy of the notice(s) along with a statement
from the newspaper(s) listing when the advertisements run, and a copy
of the paid receipt for the advertisements to the Director as part of
the permit application. This provision makes the State requirements
more stringent. In the same manner as above, Regulation 23
Sec. 270.62(b)(6) and Sec. 270.66(d)(3) require the owner/operator to
provide public notice of the trial burn and provide proof of notice to
the Director, instead of this notice being published by the Department.
A.C.A Sec. 8-4-203(d), Regulation No. 8 Secs. 2.14(c) and 2.1.5(c), and
Regulation No. 23 Sec. 6(z) require that the costs of public notices be
paid by the permit applicant, example the facility owner/operator. The
mechanism for this process is that the Department drafts or approves)
the public notice, for which the facility owner/operator arranges for
publication and subsequently provides the Department with a copy of the
published notice and proof of payment for publication costs for
inclusion in the administrative record. This provision makes the State
requirements more stringent.
The EPA considered the following State regulations to be broader in
scope than the Federal regulations from the Consolidated Independent
Counsel's Statement submitted for RCRA Clusters III through IX
including Checklist 181, a portion of RCRA Cluster X. Regarding
Checklist 121 (Corrective Action Management Units (CAMU)) which is
included in this authorization application, the State of Arkansas'
[[Page 20050]]
definition of ``Facility'' when it comes to CAMU is considered
consistent and equivalent with the federal definition with the
exception of the State's Remedial Action Trust Fund (RATFA) A.C.A.
Sections 8-7-501 et.al. which is included in the State's definition of
facility. Sections 8-7-212, and 8 -7-214 are not considered by EPA to
be part of the federally authorized RCRA program because those
provisions are discretional dealing with site-specific management
standards.
EPA is approving as part of the State of Arkansas' authorized RCRA
program provision A.C.A 8-7-508(a)(1) of the Remedial Action Trust Fund
Act of 1985 (RATFA). This provision provides that:
Upon finding that a hazardous substance exists or may exist, the
[ADEQ] may, upon reasonable notice and after opportunity for
hearing, issue an order to any person liable for the site under
[A.C.A] 8-7-512, if that person caused or contributed to the release
or threatened release of hazardous substances at the site. This
order shall require that such remedial action be taken as necessary
to investigate, control, prevent, abate, treat, or contain any
releases of or threatened releases of hazardous substances from the
site.
EPA is approving this provision of RATFA so that Arkansas can
``assert without challenge the specific HSWA requirements in RCRA
Section 3004(u) which call for authority to assure that permits issued
after 11/8/84 require corrective action for releases of hazardous waste
or hazardous constituents from any solid waste management unit at a
facility, regardless of when the waste was placed in the unit''.\1\
(Emphasis is in the original of the Independent Counsel's Statement,
see pages 12 through 13 of the Statement.) Arkansas also cites to the
same provision in RATFA in order to have an equivalent provision to
RCRA 3004(v). EPA is also approving any other provision of RATFA
necessary to effectuate the implementation of A.C.A 8-7-508(a)(1) of
RATFA. EPA notes that A.C.A 8-7-508(a)(1) provides for the issuance of
orders and not permits, ADEQ has explained in its Independent Counsel
Statement how State law allows this provision to be used as authority
to write RCRA corrective action permit terms. EPA is relying on the
accuracy of this legal analysis in finding that Arkansas has equivalent
provisions to RCRA 3004(u) and (v). EPA is approving this provision of
RATFA as an equivalent permitting authority only and not as an
enforcement/order authority. See the discussion below.
---------------------------------------------------------------------------
\1\ As a point of clarification, EPA interprets RCRA sections
3004(u) and (v) as encompassing the statutory definition of
hazardous waste found at RCRA section 1004(5) not just the
regulatory definition of listed or identified characteristic
hazardous waste found in 40 CFR part 261. Therefore, EPA can enforce
any permit term issued my Arkansas that includes a solid waste which
meets the statutory definition of being a hazardous waste or a
hazardous waste constituent.
---------------------------------------------------------------------------
The EPA, as a point of clarification on the approval of Arkansas
Corrective Action permitting authority,\2\ is only approving a
permitting program for corrective action and not for an order authority
similar to RCRA section 3008(h). The EPA has had a longstanding policy
of not authorizing States for corrective action order authority, but
retaining that federal enforcement authority \3\ (see 55 FR 30798,
30855 July 27, 1990). It is especially important that EPA clarify these
matters since Arkansas is in the 8th Circuit Court of Appeals and
subject to that Court's ruling in Harmon Industries, Inc. v. Carol
Browner, 191 F 3rd 897 (8th Cir. Sept 16, 1999). This decision
significantly reduced EPA's ability to take enforcement actions in an
authorized State. In addition, RATFA is not a permitting program. RATFA
is more similar to EPA's Superfund program in that it seeks to
remediate releases of hazardous substances to the environment by
issuing remediation orders. All of EPA's former and the present actions
in revising Arkansas authorized RCRA program to include corrective
action authority were done in the context of revising Arkansas'
permitting authority to be equivalent to EPA's permitting authority at
40 CFR part 270. Furthermore, Arkansas' RATFA authority is broader in
scope than the EPA RCRA program. It covers hazardous substances (as
defined in the State Act)--not only hazardous waste, it allows for cost
recovery by the State, and provides for responsible parties to share
liability.
---------------------------------------------------------------------------
\2\ The clarification applies not only to this authorization for
RCRA Clusters III through IX and Checklist 181 a portion of Cluster
X, but also to all previous revisions of the Arkansas Hazardous
Waste Management Program where RCRA corrective action authority was
discussed particularly the program revision found at 56 FR 47153,
September 18, 1991.
\3\ EPA is not establishing as part of Arkansas' authorized RCRA
corrective action program any type of remedial order authority such
as A.C.A. Sections 8-7-214, and 8-7-1101. These other laws/
authorities were discussed in the State's Independent Counsel's
Statement and its application for this and previous corrective
action revisions. While illustrative of the State's overall
authority to perform corrective action and order remedial actions,
it is unrelated to whether or not its RCRA permit authority is
equivalent to the Federal permit authority. The EPA is supportive of
the States having broad authority to protect human health and the
environment, but those additional authorities are not being approved
as part of Arkansas' federally authorized RCRA corrective action
program and are considered State only programs.
---------------------------------------------------------------------------
The State adopted the Federal rules addressed at Checklist 140
(Carbamate Production Identification and Listing of Hazardous Waste),
as they were initially promulgated in the Federal Register, verbatim at
the appropriate citations and without modification from the Federal
language. The State conducted an independent rulemaking, and the
subsequent vacatur of the Federal rules in Dithiocarbamate Task Force
v. EPA does not apply to the State regulations. The State provisions
included the vacated waste streams, which made the rule broader in
scope than Federal provisions. Arkansas has only one generator of these
wastes (Zeneca Ag Products), who subsequently applied to the Commission
for a one-year variance from the State listing of these wastes. The
Commission granted variance, which expired February 28, 1998. The State
has listed wastes for K156, K157 and K158 including 3-iodo-2-propynyl
n-butycarbamate (IPBC) which also was vacated by the Federal
regulations.
A.C.A. Sec. 8-7-214 does not limit the authority of A.C.A. Sec. 8-
7-204(b) to seek immediate relief in any court to retain any violations
or compel any specific remedial action. In this sense, A.C.A Sec. 8-7-
204(b) is broader in scope and effect because this statute does not
specifically require that the activity be ``endangering or causing
damage to public health or the environment, it merely requires that
there exists a violation. A.C.A Sec. 8-7-214 authorizes the issuance of
an administrative order without notice or hearing as necessary to
protect the public health and environment. This statute does require
that there be a finding of an ``imminent hazard'', but is also broader
in scope than the Federal provisions in that an order under A.C.A.
Sec. 8-7-214 can be issued without there being any ``unauthorized
activity.'' A.C.A. Sec. 8-7-204(b), Sec. 8-7-209(a)(7) and (8), and,
Sec. 8-7-214 are mutually independent alternatives which do not
restrict or limit each other, and which provide a broad range of
responses to a particular issue or situation. Broader in scope
requirements are not part of the authorized program and EPA can not
enforce them.
The EPA is also clarifying that the State has adopted 40 CFR part
268 and the following sections are not delegable to the State because
of the national concerns which must be examined when decisions are made
relative to them: 40 CFR part 268.5 (case-by-case effective date
extensions) and 268.42(b) (application for alternate treatment method).
``No migration'' petitions
[[Page 20051]]
under 268.6 will be handled by EPA, even though States may be
authorized to grant such petition in the future. The State also is
seeking authorization for Checklist 162 (Clarification Standards for
Hazardous Waste LDR Treatment Variances, and has adopted 40 CFR part
268.44(a), however, EPA wants to clarify that the provisions at 40 CFR
part 268.44(a)-(g) addresses general treatment standard variances; and
the authority for such variances is not delegable to the State because
these variances could result in nationally applicable standards for a
new waste treatability group.
H. Who Handles Permits After This Authorization Takes Effect?
The EPA will administer any RCRA permits or portions of permits it
has issued to facilities in the State until the State becomes
authorized. At the time the State program is authorized for new rules,
EPA will transfer all permits or portions of permits issued by EPA to
the State. The EPA will not issue any more permits or portions of
permits for the provisions listed in this document after the effective
date of this authorization. The EPA will continue to implement and
issue permits for HSWA requirements for which the State is not yet
authorized.
I. Why Wasn't There a Proposed Rule Before Today's Notice?
The EPA is authorizing the State's changes through this immediate
final action and is publishing this rule without a prior proposal to
authorize the changes because EPA believes it is not controversial and
does not expect comments that oppose this action. The EPA is providing
an opportunity for public comment now. In the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State changes. If EPA receives comments which
oppose this authorization, that document will serve as a proposal to
authorize the changes.
J. Where Do I Send My Comments and When Are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number AR-00-0.
We must receive your comments by May 24, 2002. You may not have an
opportunity to comment again. If you want to comment on this action,
you must do so at this time.
K. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments which oppose this authorization, a second
Federal Register notice will be published before the time the immediate
final rule takes effect. The second notice may withdraw the immediate
final rule or identify the issues raised, or respond to the comments
and affirm that the immediate final rule will take effect as scheduled.
L. When Will This Approval Take Effect?
Unless EPA receives comments that oppose this action, this final
authorization approval will become effective without further notice on
June 24, 2002.
M. Where Can I Review the State's Application?
You can view and copy the State of Arkansas' application from 8:30
a.m. to 4:00 p.m. Monday through Friday at the following addresses:
Arkansas Department of Environmental Quality, 8101 Interstate 30,
Little Rock, Arkansas 72219, (501) 682-0876 and EPA, Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further
information contact Alima Patterson, Regional Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-8533.
N. How Does Today's Action Affect Indian Country 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.
O. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized Hazardous Waste
Program into the CFR. The EPA does this by referencing the authorized
State rules in 40 CFR part 272. The EPA reserves the amendment of 40
CFR part 272, subpart E for this codification of Arkansas' program
changes until a later date.
Administrative Requirements
The Office of Management and Budget 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
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), 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 EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for
[[Page 20052]]
affected conduct. EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the takings implications of the rule
in accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective June 24, 2002.
List of Subjects in 40 CFR Part 271
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indian lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, Water supply.
Authority: This notice is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: April 5, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-10038 Filed 4-23-02; 8:45 am]
BILLING CODE 6560-50-P