Arkansas: Final Authorization of State Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5085-9]

Arkansas: Final Authorization of State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Arkansas has applied for final authorization of

revision to its hazardous waste program under the Resource Conservation

and Recovery Act (RCRA). The Environmental Protection Agency (EPA) has

reviewed the State of Arkansas's application and decided that its

hazardous waste program revision satisfies all of the requirements

necessary to qualify for final authorization. Unless adverse written

comments are received during the review and comment period provided for

public participation in this process, EPA intends to approve Arkansas's

hazardous waste program revision subject to the authority retained by

EPA in accordance with the Hazardous Solid Waste Amendments of 1984.

Arkansas's application for the program revision is available for public

review and comment.

DATES: This final authorization for the State of Arkansas shall be

effective on December 21, 1994 unless EPA publishes a prior Federal

Register (FR) action withdrawing this immediate final rule. All

comments on Arkansas's program revision application must be received by

the close of business on November 21, 1994.

ADDRESSES: Written comments, referring to Docket Number AR-94-1, should

be sent to Alima Patterson, Region 6 AR-NM Authorization Coordinator,

Grants and Authorization Section (6H-HS), RCRA Programs Branch, US EPA

Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross

Avenue, Dallas, Texas 75202, phone (214) 665-8533. Copies of the

Arkansas program revision application and the materials which EPA used

in evaluating the revision are available from 8:30 a.m. to 4 p.m.,

Monday through Friday at the following addresses for inspection and

copying: Arkansas Department of Pollution Control and Ecology, 8001

National Drive, Little Rock, Arkansas 72209-8913, phone (501) 562-7444;

and the US EPA, Region 6 Library, 12th Floor, First Interstate Bank

Tower at Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone

(214) 665-6444.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, AR-NM Authorization

Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs

Branch, US EPA Region 6, First Interstate Bank Tower at Fountain Place,

1445 Ross Avenue, Dallas, Texas 75202, phone (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under section 3006(b) of the

Resource Conservation and Recovery Act (``RCRA or the Act''), 42 U.S.C.

6926(b), have a continuing obligation to maintain a hazardous waste

program that is equivalent to, consistent with, and no less stringent

than the Federal hazardous waste program. Revisions to State hazardous

waste programs are necessary when Federal or State statutory or

regulatory authority is modified or when certain other changes occur.

Most commonly, State program revisions are necessitated by changes to

EPA's regulations in 40 CFR parts 124, 260 through 268, and 270.

B. Arkansas

Arkansas initially received final authorization on January 25,

1985, (see 50 FR 1513) to implement its base hazardous waste management

program. Arkansas received authorization for revisions to its program

on August 23, 1985, May 29, 1990 (see 55 FR 11192), November 18, 1991

(see 56 FR 57593 and 56 FR 47153), and December 4, 1992 (see 57 FR

45721 and 57 FR 45722). The authorized Arkansas RCRA program was

incorporated by reference into the Code of Federal Regulations

effective December 13, 1993 (see 58 FR 52674). On June 9, 1994,

Arkansas submitted a final complete program revision application for

additional program approvals. Today, Arkansas is seeking approval of

its program revision in accordance with 40 CFR 271.21(b)(3).

EPA has reviewed the State of Arkansas's application, and decided

that Arkansas's hazardous waste program revision satisfies all of the

requirements necessary to qualify for final authorization.

Consequently, EPA intends to grant final authorization for Arkansas's

additional program modifications. The public may submit written

comments on EPA's final decision until November 21, 1994. Copies of

Arkansas's application for program revision are available for

inspection and copying at the locations indicated in the ADDRESSES

section of this notice.

Approval of Arkansas's program revision shall become effective 75

days from the date this notice is published, unless an adverse written

comment pertaining to the State's application discussed in this notice

is received by the end of the comments period. If an adverse comment is

received, EPA will publish either: (1) A withdrawal of the immediate

final decision; or (2) a notice containing a response to comments which

either affirms that the immediate final decision takes effect or

reverses the decision.

Arkansas's program revision application includes State regulatory

changes that are equivalent to the rules promulgated in the Federal

RCRA implementing regulations in 40 CFR parts 124, 260 through 262,

264, 265, 266, 268, and 270 that were published in the FR through June

30, 1992. This proposed approval includes the provisions that are

listed in the chart below. This chart lists the State analogs that are

being recognized as equivalent to the appropriate Federal requirements.

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Federal citation State analog

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1. Wood Preserving Listings; Arkansas Hazardous Waste Management

Technical Corrections, [56 FR Code (AHWMC) 23 Sec. 3a (2), (3),

30192-30198], July 1, 1991. (5), (6), (9); 13a (6), (7); 13a

(Checklist 92). (6), (7), and (11), as amended

August 27, 1993, effective

September 21, 1993.

2. Burning of Hazardous Waste in AHWMC 23 Sec. 3a (2), (7), and (9),

Boilers and Industrial Furnaces; as amended August 27, 1993,

Corrections and Technical effective September 21, 1993.

Amendments I, [56 FR 32688], July

17, 1991. (Checklist 94).

3. Land Disposal Restrictions for AHWMC 23 Sec. 3a (2), and (8), as

Electric Arc Furnace Dust (K061), amended August 27, 1993, effective

[56 FR 41164-41178], August 19, September 21, 1993.

1991. (Checklist 95).

4. Burning of Hazardous Waste in AHWMC 23 Sec. 3a (2), (6), and (7),

Boilers and Industrial Furnaces; as amended August 27, 1993,

Technical Amendments, [56 FR 42504- effective September 21, 1993.

42517], August 27, 1991.

(Checklist 96).

5. Exports of Hazardous Waste; AHWMC 23 Sec. 3a(3), as amended

Technical Correction, [56 FR 43704- August 27, 1993, effective

43705], September 4, 1991. September 21, 1993.

(Checklist 97).

6. Burning of Hazardous Waste in AHWMC 23 Sec. 3a(7), as amended

Boilers and Industrial Furnaces; August 27, 1993, effective

Administrative Stay of September 21, 1993.

Applicability and Technical

Amendment, [56 FR 43874-43877],

September 5, 1991. (Checklist 98).

7. Amendment to Interim Status AHWMC 23 Sec. 3a(6), as amended

Standards for Downgradient August 27, 1993, effective

Groundwater Monitoring Well September 21, 1993.

Locations, [56 FR 66365-66369],

December 23, 1991. (Checklist 99).

8. Liners and Leak Detection AHWMC 23 Sec. 3a (1), (5), (6) and

Systems for Hazardous Waste Land (9), as amended August 27, 1993,

Disposal Units, [57 FR 3462-3497], effective September 21, 1993.

January 29, 1992. (Checklist 100).

9. Administrative Stay for the AHWMC 23 Sec. 13a (7), and (11) as

Requirement that Existing Drip amended August 27, 1993, effective

Pads Be Impermeable, [57 FR 5859- September 21, 1993.

5861], February 18, 1992.

(Checklist 101).

10. Second Correction to the Third AHWMC 23 Sec. 3a (5), (6) and (8),

Third Land Disposal Restrictions, as amended August 27, 1993,

[57 FR 8086-8089], March 6, 1992. effective September 21, 1993.

(Checklist 102).

11. Hazardous Debris Case-by-Case AHWMC 23 Sec. 3a(8), as amended

Capacity Variance, [57 FR 20766- August 27, 1993, effective

20770], May 15, 1992. (Checklist September 21, 1993.

103).

12. Oil Filter Exclusion, [57 FR AHWMC 23 Sec. 3a(2), as amended

21524-21534], May 20, 1992. August 27, 1993, effective

(Checklist 104). September 21, 1993.

13. Recycled Coke By-Product AHWMC 23 Sec. 3a(2), as amended

Exclusion, [57 FR 27880-27888], August 27, 1993, effective

June 22, 1992. (Checklist 105). September 21, 1993.

14. Lead-Bearing Hazardous AHWMC 23 Sec. 3a(8), as amended

Materials Case-by-Case Capacity August 27, 1993, effective

Variance, [57 FR 28628-28632], September 21, 1993.

June 26, 1992. (Checklist 106).

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Arkansas is not authorized to operate the Federal program on Indian

lands. This authority remains with EPA.

C. Decision

I conclude that the Arkansas application for program revision meets

all of the statutory and regulatory requirements established by RCRA.

Accordingly, Arkansas is granted final authorization to operate its

hazardous waste program as revised. Arkansas now has responsibility for

permitting treatment, storage, and disposal facilities within its

borders and carrying out the the aspects of the RCRA program described

in its revised program application, subject to the limitations of the

HSWA. Arkansas also has primary enforcement responsibilities, although

EPA retains the right to conduct inspections under section 3007 of RCRA

and to take enforcement actions under sections 3008, 3013, and 7003 of

RCRA.

D. Codification in Part 272

EPA uses part 272 for codification of the decision to authorize

Arkansas's program and for incorporation by reference of those

provisions of Arkansas's statutes and regulations that EPA will enforce

under sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is

reserving amendment of part 272, subpart E until a later date.

Compliance With Executive Order 12866

The Office of Management and Budget has exempted this rule from the

requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify

that this authorization will not have a significant economic impact on

a substantial number of small entities. This authorization effectively

suspends the applicability of certain Federal regulations in favor of

Arkansas's program, thereby eliminating duplicative requirements for

handlers of hazardous waste in the State. This authorization does not

impose any new burdens on small entities. This rule, therefore, does

not require a regulatory flexibility analysis.

Lists 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, 6926, 6974(b).

Dated: September 9, 1994.

W.B. Hathaway,

Acting Regional Administrator.

[FR Doc. 94-24854 Filed 10-6-94; 8:45 am]

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