[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26666-26667]
[DOCID:fr10my07-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55707; File No. SR-NYSEArca-2007-41]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to NYSE
Arca Marketplace Trading Sessions

May 4, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 20, 2007 NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed
rule change effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes, through NYSE Arca Equities, to update the
list in NYSE Arca Equities Rule 7.34 of securities eligible to trade in
one or more, but not all three, of the Exchange's trading sessions. The
Exchange proposes to add to the lists the following investment company
units (ICUs) \5\ of funds that are trading on NYSE Arca, L.L.C. (``NYSE
Arca Marketplace''), the equities trading facility of NYSE Arca
Equities, pursuant to unlisted trading privileges (``UTP''): (1)
SPDR[supreg] \6\ S&P[supreg] \7\ International Small Cap ETF; and (2)
SPDR[supreg] S&P[supreg] World ex-US ETF. The text of the proposed rule
change is available on the Exchange's Web site (http://www.nyse.com),

at the principal office of the Exchange, and at the Commission's Public
Reference Room.
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    \5\ NYSE Arca Equities Rule 5.1(b)(15) defines an ICU as a
security representing an interest in a registered investment company
that could be organized as a unit investment trust, an open-end
management investment company, or a similar entity.
    \6\ SPDR[supreg] is a registered trademark of The McGraw-Hill
Companies, Inc.
    \7\ S&P[supreg] is a registered trademark of The McGraw-Hill
Companies, Inc.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Equities Rule 7.34 currently provides, in part, that NYSE
Arca Marketplace shall have three trading sessions each day: An Opening
Session (1 a.m. Pacific Time (``PT'') to 6:30 a.m. PT), a Core Trading
Session (6:30 a.m. PT to 1 p.m. PT) and a Late Trading Session (1 p.m.
PT to 5 p.m. PT), and that the Core Trading Session for securities
described in NYSE Arca Equities Rules 5.1(b)(13), 5.1(b)(18),
5.2(j)(3), 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 (each, a
``Derivative Securities Product'') shall conclude at 1:15 p.m. PT.\8\
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    \8\ NYSE Arca Equities Rules 5.1(b)(13), 5.2(j)(3), 8.100,
8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 relate to Unit
Investment Trusts, ICUs, Portfolio Depositary Receipts, Trust Issued
Receipts, Commodity-Based Trust Shares, Currency Trust Shares,
Commodity Index Trust Shares, Partnership Units, and Paired Trust
Shares, respectively. See Securities Exchange Act Release No. 54997
(December 21, 2006), 71 FR 78501 (December 29, 2006) (SR-NYSEArca-
2006-77) (amending NYSE Arca Equities Rule 7.34).
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    NYSE Arca Equities Rule 7.34 includes a list of those securities
which are eligible to trade in one or more, but not all three, of the
Exchange's trading sessions. The Exchange maintains on its Web site
(http://www.nysearca.com) a list that identifies all securities traded

on the NYSE Arca Marketplace that do not trade for the duration of each
of the three sessions specified in NYSE Arca Equities Rule 7.34. The
Exchange proposes to add the following securities to these lists: (1)
SPDR[supreg] S&P[supreg] International Small Cap ETF; and (2)
SPDR[supreg] S&P[supreg] World ex-US ETF. These ICUs currently trade on
the Exchange on a UTP basis pursuant to generic listing standards for
foreign derivative securities products described in NYSE Arca Equities
Rule 5.2(j)(3) that were adopted by the Exchange pursuant to Rule 19b-
4(e) under the Act.\9\
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    \9\ See Securities Exchange Act Release No. 55621 (April 12,
2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-86).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(5),\11\ in particular, in that it is
designed to facilitate transactions in securities, to promote just and
equitable principles of trade, to enhance competition, and to protect
investors and the public interest.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \12\
and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CRF 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires an exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Commission has
determined to waive the five-day pre-filing notice requirement in
this case.
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    The Exchange has asked the Commission to waive the 30-day operative
delay. The Commission believes that such waiver is consistent with the
protection of investors and the public interest because the proposed
rule change should provide transparency and more clarity with respect
to the trading hours eligibility of certain derivative securities
products and should promote consistency in the trading halts of
derivative securities. The Commission notes that this filing does not
change the trading hours of the Derivative Securities Products listed
in NYSE Arca Equities Rule 7.34, but codifies trading hour sessions
that have been established through other rule changes or through the
use of the Exchange's generic listing standards pursuant to Rule 19b-
4(e) under the Act. For these reasons, the Commission designates the
proposed rule change as operative immediately.\14\
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    \14\ For purposes only of waiving the operative date of this
proposal, the Commission has considered the rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSEArca-2007-41 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2007-41. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File number SR-NYSEArca-2007-41 and should be submitted by or before
May 31, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-9045 Filed 5-9-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 19 (Friday, January 29, 2016)]
[Rules and Regulations]
[Pages 4961-4969]
[FR Doc No: 2016-01657]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2015-2015-0661; FRL-9940-27-Region 6]

Arkansas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of Approved State Hazardous Waste Management
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: During a review of Arkansas' regulations, the Environmental
Protection Agency (EPA) identified two State-initiated changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). We have determined that these changes are minor and satisfy
all requirements needed to qualify for Final authorization and are
authorizing the State-initiated changes through this direct Final
action.
    The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management

Programs'' to provide notice of the authorization status of State
programs and to incorporate by reference those provisions of the State
statutes and regulations that will be subject to the EPA's inspection
and enforcement. The rule codifies in the regulations the prior
approval of Arkansas' hazardous waste management program and
incorporates by reference authorized provisions of the State's statutes
and regulations.

DATES: This regulation is effective March 29, 2016, unless the EPA
receives adverse written comment on this regulation by the close of
business February 29, 2016. If the EPA receives such comments, it will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that this rule will not take effect. The
Director of the Federal Register approves this incorporation by
reference as of March 29, 2016 in accordance with 5 U.S.C. 552(a) and 1
CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>or<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, or Julia
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI
or otherwise protected through http://www.regulations.gov, or email.
The Federal http://www.regulations.gov Web site is an ``anonymous
access'' system, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
http://www.regulations.gov, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If the EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses. (For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this
codification and associated publicly available materials from 8:30 a.m.
to 4:00 p.m. Monday through Friday at the following location: EPA
Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number
(214) 665-8533 or<PHONE_NUMBER>. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone numbers:<PHONE_NUMBER> or<PHONE_NUMBER>, and Email
address<EMAIL_ADDRESS>or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received Final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste programs may
be necessary when Federal or State statutory or regulatory authority is
modified or when certain other changes occur. Most commonly, States
must change their programs because of changes to the EPA's regulations
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268,
270, 273 and 279. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Arkansas' revisions to its authorized program meet
all of the statutory and regulatory requirements established by RCRA.
We found that the State-initiated changes make Arkansas' rules more
clear or conform more closely to the Federal equivalents and are so
minor in nature that a formal application is unnecessary. Therefore, we
grant Arkansas final authorization to operate its hazardous waste
program with the changes described in the table at Section G below.
Arkansas has responsibility for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) within its borders (except in Indian
Country) and for carrying out all authorized aspects of the RCRA
program, subject to the limitations of the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New Federal requirements and prohibitions
imposed by Federal regulations that EPA promulgates under the authority
of HSWA take effect in authorized States before they are authorized for
the requirements. Thus, the EPA will implement those requirements and
prohibitions in Arkansas, including issuing permits, until the State is
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Arkansas subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Arkansas has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Arkansas is being authorized by this direct final action are already
effective and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view
this as

a routine program change and do not expect comments that oppose this
approval. We are providing an opportunity for public comment now. In
addition to this rule, in the Proposed Rules section of this Federal
Register we are publishing a separate document that proposes to
authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If the EPA receives comments that oppose the authorization of the
State-initiated changes in this codification document, we will withdraw
this rule by publishing a timely document in the Federal Register
before the rule becomes effective. The EPA will base any further
decision on the authorization of the State program changes on the
proposal mentioned in the previous paragraph. We will then address all
public comments in a later final rule. If you want to comment on this
authorization, you must do so at this time. If we receive comments that
oppose only the authorization of a particular change to the State
hazardous waste program we may withdraw only that part of this rule,
but the authorization of the program changes that the comments do not
oppose will become effective on the date specified above. The Federal
Register withdrawal document will specify which part of the
authorization of the State program will become effective and which part
is being withdrawn.
    In addition to the authorizing of the rules described above in this
document. The purpose of this Federal Register document is to codify
Arkansas' base hazardous waste management program and its revisions to
that program. The EPA has already provided notices and opportunity for
comments on the Agency's decisions to authorize the Arkansas program,
and the EPA is not now reopening the decisions, nor requesting
comments, on the Arkansas authorizations as published in the Federal
Register documents specified in Section I.F of this document.

F. For what has Arkansas previously been authorized?

    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 on 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; October 7, 1994 (59 FR 51115), effective December 21,
1994, April 24, 2002 (67 FR 20038), effective June 24, 2002, as amended
June 28, 2010 (75 FR 36538); August 15, 2007 (72 FR 45663), effective
October 15, 2007, as amended June 28, 2010 (75 FR 36538); June 28, 2010
(75 FR 36538), effective August 27, 2010; August 10, 2012 (77 FR
47779), effective October 9, 2012; October 2, 2014 (79 FR 59438),
effective December 1, 2014; and October 31, 2014, 79 FR 64678,
effective December 30, 2014.

G. What changes are we authorizing with this action?

    The State has made amendments to Arkansas Regulation No. 23
Sections 264.1030(c) and 265.142(a) introductory paragraph, analogous
to 40 CFR 264.1030(c) and 265.142(a) introductory paragraph,
respectively. These amendments clarify the State's regulations and make
the State's regulations more internally consistent. The State's laws
and regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the Federal laws
and regulations. These State-initiated changes satisfy the requirements
of 40 CFR 271.21(a). We are granting Arkansas final authorization to
carry out the following provisions of the State's program in lieu of
the Federal program. These provisions are analogous to the indicated
RCRA regulations found at 40 CFR as of July 1, 2011. The Arkansas
provisions are from the Arkansas Pollution Control and Ecology
Commission Regulation No. 23, Hazardous Waste Management, adopted on
June 22, 2012, effective August 12, 2012.

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in
Arkansas?

    Arkansas is not authorized to carry out its Hazardous Waste Program
in Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.

II. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What is the history of codification of Arkansas' hazardous waste
management program?

    The EPA incorporated by reference Arkansas' then authorized
hazardous waste program effective December 13, 1993 (58 FR 52674),
August 21, 1995 (60 FR 32112), August 27, 2010 (75 FR 36538) and
December 1, 2014 (79 FR 59438). Note: At 79 FR 59443, the State agency
acronym should be referenced as ``(ADEQ)'' with regard to the State's
Memorandum of Agreement with the EPA.
    In this document, the EPA is revising subpart E of 40 CFR part 272
to include the authorization revision action effective December 30,
2014 (79 FR 64678).

C. What codification decisions have we made in this rule?

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Arkansas rules described in the amendments to 40 CFR part 272 set forth
below. The EPA has made, and will continue to make, these documents
available electronically through www.regulations.gov and in hard copy
at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
    The purpose of this Federal Register document is to codify
Arkansas' base hazardous waste management program and its revisions to
that program. The document incorporates by reference Arkansas'
hazardous waste statutes and regulations and clarifies which of these
provisions are included in the

authorized and Federally enforceable program. By codifying Arkansas'
authorized program and by amending the Code of Federal Regulations, the
public will be more easily able to discern the status of Federally
approved requirements of the Arkansas hazardous waste management
program.
    The EPA is incorporating by reference the Arkansas authorized
hazardous waste management program in subpart E of 40 CFR part 272.
Section 272.201 incorporates by reference Arkansas' authorized
hazardous waste statutes and regulations. Section 272.201 also
references the statutory provisions (including procedural and
enforcement provisions) which provide the legal basis for the State's
implementation of the hazardous waste management program, the
Memorandum of Agreement, the Attorney General's Statements and the
Program Description, which are approved as part of the hazardous waste
management program under Subtitle C of RCRA.

D. What is the effect of Arkansas' codification on enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Arkansas
procedural and enforcement authorities. Section 272.201(c)(2) of 40 CFR
lists the statutory provisions which provide the legal basis for the
State's implementation of the hazardous waste management program, as
well as those procedural and enforcement authorities that are part of
the State's approved program, but these are not incorporated by
reference.

E. What state provisions are not part of the codification?

    The public needs to be aware that some provisions of Arkansas'
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules adopted by Arkansas but for which the State is
not authorized;
    (3) Unauthorized amendments to authorized State provisions;
    (4) New unauthorized State requirements;
    (5) A Federal program which has since been withdrawn by the U.S.
EPA; and
    (6) Federal rules for which Arkansas is authorized but which were
vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 08-1144, June 27, 2014).
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.201(c)(3) lists
the Arkansas regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
    Additionally, Arkansas' hazardous waste regulations include
amendments which have not been authorized by the EPA. Since the EPA
cannot enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by the EPA include amendments to previously authorized
State regulations as well as certain Federal rules and new State
requirements.
    Arkansas has adopted but is not authorized for the following
Federal rules published in the Federal Register on July 15, 1985 (50 FR
28702; amendments to 40 CFR 260.22 only); April 12, 1996 (61 FR 16290);
October 4, 2005 (70 FR 57769); April 4, 2006 (71 FR 16862); July 14,
2006 (71 FR 40254); and January 8, 2010 (75 FR 1236). Therefore, these
Federal amendments included in Arkansas' regulations, are not part of
the State's authorized program and are not part of the incorporation by
reference addressed by this Federal Register document.
    Arkansas adopted and was authorized for the following Federal
Performance Track program, which has since been terminated by the U.S.
EPA: published in the Federal Register on April 22, 2004 (69 FR 21737),
as amended October 25, 2004 (69 FR 62217). Arkansas has also adopted
but is not authorized for the April 4, 2006 (71 FR 16862) Burden
Reduction Initiative amendments to the following provisions regarding
Performance Track: 40 CFR 260.10, 265.15, 265.174, 265.195, 265.201,
265.1101, 270.42(l) and Item O.1 of appendix I to Sec.  270.42.
    Arkansas has adopted and was authorized for the following Federal
rules which have since been vacated by the U.S. Court of Appeals for
the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144,
respectively; June 27, 2014): (1) The Comparable Fuels Exclusion at 40
CFR 261.4(a)(16) and 261.38 published in the Federal Register on June
19, 1998 (63 FR 33782), as amended on June 15, 2010 (75 FR 33712); and
(2) the Gasification Exclusion Rule published on January 2, 2008 (73 FR
57).
    State regulations that are not incorporated by reference in this
rule at 40 CFR 272.201(c)(1), or that are not listed in 40 CFR
272.201(c)(2) (``legal basis for the State's implementation of the
hazardous waste management program''), 40 CFR 272.201(c)(3) (``broader
in scope'') or 40 CFR 272.201(c)(4) (``unauthorized state
amendments''), are considered new unauthorized State requirements.
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What will be the effect of federal HSWA requirements on the
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek

authorization for those revisions pursuant to 40 CFR part 271.
    Instead of amending 40 CFR part 272 every time a new HSWA provision
takes effect under the authority of RCRA section 3006(g), the EPA will
wait until the State receives authorization for its analog to the new
HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
rule incorporates by reference Arkansas' authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4).
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing authorized State hazardous waste management program
requirements without altering the relationship or the distribution of
power and responsibilities established by RCRA. This action also does
not have Tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Arkansas'
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. Thus, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) do not apply. As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects

40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

40 CFR Part 272

    Hazardous materials transportation, Hazardous waste, Incorporation
by reference, Intergovernmental relations, Water pollution control,
Water supply.

    Authority:  This rule is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: November 16, 2015.
 Ron Curry,
Regional Administrator, Region 6.

    For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final
authorization under part 271 to the State of Arkansas for revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act and is amending 40 CFR part 272 as follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Revise Sec.  272.201 to read as follows:

Sec.  272.201  Arkansas State-administered program: Final
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Arkansas final authorization for the following elements as
submitted to EPA in Arkansas' base program application for final
authorization which was approved by EPA effective on January 25, 1985.
Subsequent program revision applications were approved effective on May
29, 1990; November 18, 1991; December 4, 1992; December 21, 1994; June
24, 2002; October 15, 2007; August 27, 2010; October 9, 2012, December
1, 2014, December 30, 2014 and March 29, 2016.
    (b) The State of Arkansas has primary responsibility for enforcing
its hazardous waste management program. However, EPA retains the
authority to

exercise its inspection and enforcement authorities in accordance with
sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934,
6973, and any other applicable statutory and regulatory provisions,
regardless of whether the State has taken its own actions, as well as
in accordance with other statutory and regulatory provisions.
    (c) State statutes and regulations. (1) The Arkansas statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain
copies of the Arkansas statutes that are incorporated by reference from
Michie Publishing, 1275 Broadway, Albany, New York 12204, Phone: (800)
223-1940. Copies of the Arkansas regulations that are incorporated by
reference are available from the Arkansas Department of Environmental
Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the
Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock,
Arkansas 72118-5317, Phone:<PHONE_NUMBER>. You may inspect a copy at
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (Phone number (214)
665-8533), or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Arkansas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated December 2014.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
    (i) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement,
Title 4, Business and Commercial Law, Chapter 75: Section 4-75-601(4)
``Trade Secret''.
    (ii) Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement,
Title 8, Environmental Law, Chapter 1: Section 8-1-107.
    (iii) Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-204 (except 8-
7-204(e)(3)(B)), 8-7-205 through 8-7-214, 8-7-217, 8-7-218, 8-7-220, 8-
7-222, 8-7-224, 8-7-225(b) through 8-7-225(d), and 8-7-227.
    (iv) Arkansas Resource Reclamation Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 3: Sections 8-7-302(3), 8-7-
303 and 8-7-308.
    (v) Remedial Action Trust Fund Act of 1985, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 5: Sections 8-7-503(6) and
(7), 8-7-505(3), 8-7-507, 8-7-508, 8-7-511 and 8-7-512.
    (vi) Arkansas Freedom of Information Act (FOIA) of 1967, as
amended, Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement,
Title 25, State Government, Chapter 19: Sections 25-19-103(1), 25-19-
105, 25-19-107.
    (vii) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended June 22,
2012, effective August 12, 2012, Chapter One; Chapter Two, Sections 1,
2, 3(a), 3(b)(3), 4, 260.2, 260.20(c) through (f), 261 Appendix IX,
270.7(h) and (j), 270.10(e)(8), 270.34, Chapter Three, Sections 19, 21
and 22; Chapter Five, Section 28.
    (viii) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 7, Civil Penalties, July 24, 1992.
    (ix) Arkansas Pollution Control and Ecology (APC&E) Commission,
Regulation No. 8, Administrative Procedures, February 12, 2009.
    (3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
    (i) Arkansas Hazardous Waste Management Act, as amended, Arkansas
Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Section 8-7-226.
    (ii) Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended June 22,
2012, effective August 12, 2012, Chapter Two, Sections 6, 262.13(c),
262.24(d), 263.10(e), 263.13, 264.71(e), and 265.71(e).
    (4) Unauthorized State amendments and provisions. (i) Arkansas has
partially or fully adopted, but is not authorized to implement, the
Federal rules that are listed in the table in this paragraph (c)(4)(i).
The EPA will continue to implement the Federal HSWA requirements for
which Arkansas is not authorized until the State receives specific
authorization for those requirements. The EPA will not enforce the non-
HSWA Federal rules although they may be enforceable under State law.
For those Federal rules that contain both HSWA and non-HSWA
requirements, the EPA will enforce only the HSWA portions of the rules.

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
HSWA Codification Rule--          50 FR 28702  July 15, 1985.
 Delisting (HSWA) (Checklist
 17B--amendments to 40 CFR
 260.22 only).
Revision of Wastewater            70 FR 57769  October 4, 2005.
 Treatment Exemptions for
 Hazardous Waste Mixtures
 (``Headworks exemptions'')
 (Non-HSWA) (Checklist 211).
Burden Reduction Initiative       71 FR 16862  April 4, 2006.
 (HSWA and Non-HSWA)
 (Checklist 213).
Corrections to Errors in the      71 FR 40254  July 14, 2006.
 Code of Federal Regulations
 (HSWA and Non-HSWA)
 (Checklist 214).
------------------------------------------------------------------------

    (ii) The Federal rules listed in the table in this paragraph
(c)(4)(ii) are not delegable to States. Arkansas has adopted these
provisions and left the authority to the EPA for implementation and
enforcement.

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
Imports and Exports of            61 FR 16290  April 12, 1996.
 Hazardous Waste:
 Implementation of OECD
 Council Decision (HSWA)
 (Checklist 152).
OECD Requirements; Export          75 FR 1236  January 8, 2010.
 Shipments of Spent Lead-Acid
 Batteries (Non-HSWA)
 (Checklist 222).
------------------------------------------------------------------------

    (5) Terminated Federal program. Arkansas adopted and was authorized
for the following Federal program as amended, which has since been
terminated by the U.S. EPA. In addition, Arkansas has adopted and is
not authorized for the April 4, 2006 Burden Reduction Initiative (71 FR
16862; Checklist 213) amendments to these provisions affecting the
Performance Track program: 40 CFR 260.10, 265.15, 265.174, 265.195,
265.201, 265.1101, 270.42(l) and Item O.1 of appendix I to Sec.
270.42.

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
National Environmental            69 FR 21737  April 22, 2004.
 Performance Track Program
 (Checklist 204).
National Environmental            69 FR 62217  October 25, 2004.
 Performance Track Program;
 Corrections (Rule 204.1).
------------------------------------------------------------------------

    (6) Vacated Federal rules. Arkansas adopted and was authorized for
the following Federal rules which have since been vacated by the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No.
98-1379 and 08-1144, respectively; June 27, 2014):

------------------------------------------------------------------------
                                   Federal
     Federal requirement          Register          Publication date
                                  reference
------------------------------------------------------------------------
Hazardous Waste Combustors;       63 FR 33782  June 19, 1998.
 Revised Standards (HSWA)
 (Checklist 168--40 CFR
 261.4(a)(16) and 261.38
 only).
Exclusion of Oil-Bearing             73 FR 57  January 2, 2008.
 Secondary Materials
 Processed in a Gasification
 System to Produce Synthesis
 Gas (Checklist 216--
 Definition of
 ``Gasification'' at 40 CFR
 260.10 and amendment to 40
 CFR 261.4(a)(12)(i)).
Expansion of RCRA Comparable      73 FR 77954  December 19, 2008.
 Fuel Exclusion (Checklist
 221--amendments to 40 CFR
 261.4(a)(16) and 261.38).
------------------------------------------------------------------------

    (7) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Arkansas, signed by the Executive
Director of the Arkansas Department of Environmental Quality (ADEQ) on
June 27, 2012, and by the EPA Regional Administrator on July 10, 2012,
is referenced as part of the authorized hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (8) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Arkansas
on July 9, 1984 and revisions, supplements, and addenda to that
Statement dated September 24, 1987, February 24, 1989, December 11,
1990, May 7, 1992 and by the Independent Legal Counsel on May 10, 1994,
February 2, 1996, March 3, 1997, July 31, 1997, December 1, 1997,
December 12, 2001, July 27, 2006, December 12, 2010 and October 1, 2012
are referenced as part of the authorized hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (9) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.

0
3. Appendix A to part 272 is amended by revising the listing for
``Arkansas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Arkansas

    The statutory provisions include:
    Arkansas Hazardous Waste Management Act of 1979, as amended,
Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement, Title 8,
Environmental Law, Chapter 7, Subchapter 2: Sections 8-7-202, 8-7-
203, 8-7-215, 8-7-216, 8-7-219, 8-7-221, 8-7-223 and 8-7-225(a).
    Arkansas Code of 1987 Annotated (A.C.A.), 2011 Replacement,
Title 8, Environmental Law, Chapter 10, Subchapter 3: Section 8-10-
301(d).
    Copies of the Arkansas statutes that are incorporated by
reference are available from Michie Publishing, 1275 Broadway
Albany, New York 12204, Phone:<PHONE_NUMBER>.
    The regulatory provisions include:
    Arkansas Pollution Control and Ecology (APC&E) Commission
Regulation No. 23, Hazardous Waste Management, as amended June 22,
2012, effective August 12, 2012. Please note that the 2012 APC&E
Commission Regulation No. 23, is the most recent version of the
Arkansas authorized hazardous waste regulations. For a few
provisions, the authorized versions are found in the APC&E
Commission Regulation 23, effective January 21, 1996, March 23, 2006
or June 13, 2010. Arkansas made subsequent changes to these
provisions but these changes have not been authorized by EPA. The
provisions from the January 21, 1996, March 23, 2006 or June 13,
2010 regulations are noted below.
    Chapter Two, Sections 3(b) introductory paragraph; 3(b)(2);
3(b)(4); Section 260--Hazardous Waste Management System--General--
260.1; 260.3; 260.10 (except the definitions of ``consolidation'',
``gasification'', ``Performance Track member facility'', the phrase
``a written permit issued by the Arkansas Highway and Transportation
Department authorizing a person to transport hazardous waste
(Hazardous Waste Transportation Permit), or'' in the definition for
``permit'') 260.11 (except reserved provisions); 260.20 (except
260.20(c) through (f)); 260.21; 260.23; 260.30; 260.31(a);

260.31(b) introductory paragraph; 260.31 (b)(1) through (8) (March
23, 2006); 260.31(c); 260.32; 260.33; 260.40; and 260.41.
    Section 261--Identification and Listing of Hazardous Waste--
261.1; 261.2; 261.3 (except 261.3(a)(2)(iv) and reserved
provisions); 261.3(a)(2)(iv) (March 23, 2006); 261.4(a) (except
261.4(a)(9)(iii), 261.4(a)(12)(i), and 261.4(a)(16));
261.4(a)(9)(iii) (March 23, 2006); 261.4(b) through (e); 261.4(f)
(except 261.4(f)(9)); 261.4(f)(9) (March 23, 2006); 261.4(g); 261.5;
261.6 (except (a)(5)); 261.7; 261.8; 261.9; 261.10; 261.11; 261.20
through 261.24; 261.30 through 261.33; 261.35; 261.39, 261.40,
261.41, Appendices I, VII and VIII.
    Section 262--Standards Applicable to Generators of Hazardous
Waste--262.10 (except 262.10(d)); 262.11; 262.12; 262.13 (except
262.13(c)); 262.20 (except reserved provision); 262.21; 262.22;
262.23; 262.24 (except 262.24(d)); 262.27; 262.30; 262.31 through
262.33; 262.34 (except 262.34(j)-(l)); 262.35 (except the phrase
``and the requirements of Sec.  262.13(d) and Sec.  263.10(d)'' at
262.35(a)(2)); 262.40; 262.41 (except references to PCBs) (January
21, 1996); 262.42; 262.43; 262.50 through 262.58; 262.60 (except
262.60(e)); 262.70; 262.200 through 262.216; and Appendix I.
    Section 263--Standards Applicable to Transporters of Hazardous
Waste--263.10 (except 263.10(d) and (e)), 263.11, 263.12, 263.20
(except 263.20(g)(4) and reserved provision), 263.21, 263.22, 263.30
and 263.31.
    Section 264--Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities--264.1 (except
reserved provisions); 264.3; 264.4; 264.10; 264.11; 264.12 (except
264.12(a)(2)); 264.13 through 264.19; 264.20(a) through (c); 264.30
through 264.35; 264.37; 264.50 through 264.56; 264.70; 264.71
(except 264.71(a)(3), (d) and (e)); 264.72; 264.73 (except
264.73(b)(18) and (b)(19)); 264.74; 264.75 (except first occurrence
of 264.75(a) through (d) and 264.75(g)); 264.75(g) (January 21,
1996); 264.75(h) (January 21, 1996); 264.76(a); 264.77; 264.90
through 264.101; 264.110 through 264.120; 264.140; 264.141 (except
the definition of ``captive insurance'' at 264.141(f)); 264.142;
264.143 (except the last sentence of 264.143(e)(1)); 264.144;
264.145 (except the last sentence of 264.145(e)(1)); 264.146;
264.147 (except the last sentences of 264.147(a)(1)(i) and
264.147(b)(1)(ii) and reserved provision); 264.148; 264.151; 264.170
through 264.174; 264.175 (except reserved provision); 264.176
through 264.179; 264.190 through 264.200; 264.220 through 264.223;
264.226 through 264.232; 264.250 through 264.254; 264.256 through
264.259; 264.270 through 264.273; 264.276; 264.278 through 264.283;
264.300 through 264.304; 264.309; 264.310; 264.312(a); 264.313;
264.314 (except 264.314(a)(2) and (a)(3)) (June 13, 2010); 264.315;
264.316 (except 264.316(b)); 264.316(b) (June 13, 2010); 264.317;
264.340 through 264.345; 264.347 (March 23, 2006); 264.351; 264.550,
264.551; 264.552 (except 264.552 (a)(3)(ii)-(iv)); 264.552
(a)(3)(ii)-(iv) (June 13, 2010); 264.553 through 264.555 (except
reserved provision); 264.570 through 264.575; 264.600 through
264.603; 264.1030 through 264.1036; 264.1050 through 264.1061(except
reserved provision); 264.1062 (June 13, 2010); 264.1063 through
264.1065; 264.1080 through 264.1090; 264.1100 through 264.1102;
264.1200; 264.1201; 264.1202; Appendix I; and Appendices IV, V and
IX.
    Section 265--Interim Status Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, and Disposal Facilities--
265.1 (except 265.1(c)(4) and reserved provisions); 265.4, 265.10,
265.11, 265.12 (except 265.12(a)(2)), 265.13, 265.14, 265.15 (except
the phrase ``, except for Performance Track member facilities . . .
as described in paragraph (b)(5) of this section'' at 265.15(b)(4)
and 265.15(b)(5)); 265.16 (except 265.16(a)(4)); 265.17 through
265.19; 265.30 through 265.35; 265.37; 265.50; 265.51; 265.52
(except the last three sentences of 265.52(b)); 265.53 through
265.55; 265.56 (except 265.56(i)); 265.56(i) and (j) (March 23,
2006); 265.70, 265.71 (except 265.71(a)(3), (d) and (e)), 265.72;
265.73 (March 23, 2006); 265.74; 265.75 (except 265.75(g));
265.75(g) and (h) (January 21, 1996); 265.76(a); 265.77; 265.90
(except the last sentence of 265.90(d)(1), and in 265.90(d)(3) the
phrase ``and place it in the facility's . . . closure of the
facility''); 265.91; 265.92; 265.93 (except the last sentence of
265.93(d)(2) and the last sentence of 265.93(d)(5)); 265.94; 265.110
through 265.112; 265.113 (except 265.113(e)(5)); 265.113(e)(5)
(March 23, 2006); 265.114 through 265.121; 265.140, 265.141 (except
the definition of ``captive insurance'' at 265.141(f)); 265.142;
265.143 (except the last sentence of 265.143(d)(1) and ``qualified''
before ``Arkansas-registered Professional Engineer'' in 265.143(h));
265.144; 265.145; 265.146; 265.147 (except the last sentences of
265.147(a)(1) and 265.147(b)(1), ``qualified'' before ``Arkansas-
registered Professional Engineer'' in 265.147(e) and reserved
provision); 265.148; 265.170 through 265.173; 265.174 (March 23,
2006); 265.176; 265.177, 265.178, 265.190; 265.191; 265.192;
265.193(a) (March 23, 2006); 265.193(b) through 265.193(i); 265.194;
265.195 (March 23, 2006); 265.196 through 265.200; 265.201 (March
23, 2006); 265.202; 265.220; 265.221 (except 265.221(a)); 265.221(a)
(March 23, 2006); 265.222; 265.223 and 265.224 (March 23, 2006);
265.225; 265.226; 265.228 through 265.231; 265.250 through 265.258;
265.259(a) (March 23, 2006); 265.259(b) and (c); 265.260; 265.270;
265.272; 265.273; 265.276; 265.278; 265.279; 265.280 (except the
word ``qualified'' before ``Arkansas-registered professional
engineer'' in 265.180(e)); 265.281; 265.282; 265.300; 265.301(a)
(March 23, 2006); 265.301(b) through 265.301(i); 265.302; 265.303(a)
(March 23, 2006); 265.303(b) and (c); 265.304; 265.309; 265.310;
265.312(a); 265.313; 265.314(a) (except 265.314(a)(2) and (a)(3))
(March 23, 2006); 265.314(b) (except the last sentence) (March 23,
2006); 265.314(c) through (g) (March 23, 2006); 265.315; 265.316;
265.340; 265.341; 265.345; 265.347; 265.351; 265.352; 265.370;
265.373; 265.375; 265.377; 265.381; 265.382; 265.383; 265.400
through 265.406; 265.430; 265.440 through 265.445; 265.1030 through
265.1035 (except reserved provision); 265.1050 (except reserved
provision); 265.1051 through 265.1060; 265.1061 (March 23, 2006);
265.1062 (March 23, 2006); 265.1063; 265.1064; 265.1080 through
265.1090; 265.1100 (March 23, 2006); 265.1101 (except (c)(2) and the
phrase ``, except for Performance Track . . . director'' and the
last sentence in 265.1101(c)(4)); 265.1101 (c)(2) (March 23, 2006);
265.1102; 265.1200; 265.1201; 265.1202; Appendix I; and Appendices
III through VI.
    Section 266--Standards for the Management of Specific Hazardous
Wastes and Specific Types of Hazardous Waste Management Facilities--
266.20 through 266.23; 266.70 (except 266.70(b)(3)); 266.80 (except
items 6 and 7 to the 266.80(a) table); 266.100; 266.101; 266.102
(except 266.102(e)(10)); 266.102(e)(10) (March 23, 2006); 266.103
(except 266.103(d) and (k)); 266.103(d) and (k) (March 23, 2006);
266.104 through 266.112; 266.200 through 266.206; 266.210; 266.220;
266.225; 266.230; 266.235; 266.240; 266.245; 266.250; 266.255;
266.260; 266.305; 266.310; 266.315; 266.320; 266.325; 266.330;
266.335; 266.340; 266.345; 266.350; 266.355; 266.360; and Appendices
I through XIII.
    Section 267--Standards for Owners and Operators of Hazardous
Waste Facilities Operating Under a Standardized Permit--267.1
through 267.3; 267.10 through 267.18; 267.30 through 267.36; 267.50
through 267.58; 267.70 through 267.76; 267.90; 267.101; 267.110
through 267.113; 267.115 through 267.117; 267.140 through 267.143;
267.147 through 267.151; 267.170 through 267.177; 267.190 through
267.204; and 267.1100 through 267.1108.
    Section 268--Land Disposal Restrictions--268.1; 268.2 through
268.4, 268.7(a) (except 268.7(a)(1) and reserved provisions);
268.7(a)(1) (March 23, 2006); 268.7(b) (except 268.7(b)(6));
268.7(b)(6) (March 23, 2006); 268.7(c) through (e); 268.9(a) (except
second sentence); 268.9(b) and (c); 268.9(d) introductory paragraph
(March 23, 2006); 268.9(d) (1) and (2) (except reserved provision);
268.13; 268.14; 268.20, 268.30 through 268.39; 268.40 (except
268.40(e)(1)-(4) and 268.40(i)); 268.41; 268.42 (except 268.42(b));
268.43; 268.45; 268.46; 268.48; 268.49; 268.50; and Appendices III,
IV, VI through IX and XI.
    Section 270--Administered Permit Programs: The Hazardous Waste
Permit Program--270.1; 270.2; 270.3 (except reserved provision);
270.4; 270.5; 270.6; 270.7 (except 270.7(h) and (j)); 270.10 (except
270.10(e)(8) and (k)); 270.11 through 270.33; 270.40; 270.41; 270.42
(except 270.42(l)); 270.42 Appendix I (except entry at item O);
270.43; 270.50; 270.51; 270.60 (except reserved provision); 270.61
through 270.68; 270.70 through 270.73; 270.79; 270.80; 270.85;
270.90; 270.95; 270.100; 270.105; 270.110; 270.115; 270.120;
270.125; 270.130; 270.135; 270.140; 270.145; 270.150; 270.155;
270.160; 270.165; 270.170; 270.175; 270.180; 270.185; 270.190;
270.195; 270.200; 270.205; 270.210; 270.215; 270.220; 270.225;
270.230; 270.235; 270.250; 270.255; 270.260; 270.265; 270.270;
270.275; 270.280; 270.290; 270.300; 279.305; 270.310; 270.315; and
270.320.
    Section 273--Standards for Universal Waste Management--273.1
through 273.4;

273.5 (except 273.5(b)(3)); 273.6; 273.8 through 273.20; 273.30
through 273.40; 273.50 through 273.56; 273.60; 273.61; 273.62;
273.70 (except 273.70 (d)); 273.80; and 273.81.
    Section 279--Standards for the Management of Used Oil--279.1;
279.10; 279.11; 279.12; 279.20 through 279.24; 279.30; 279.31;
279.32; 279.40 through 279.47; 279.50 through 279.67; 279.70 through
279.75; 279.80; 279.81; and 279.82(a).
    Copies of the Arkansas regulations that are incorporated by
reference are available from the Arkansas Department of
Environmental Quality Web site at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore
Drive, North Little Rock, Arkansas 72118-5317, Phone: (501) 682-
0923.
* * * * *
[FR Doc. 2016-01657 Filed 1-28-16; 8:45 am]
 BILLING CODE 6560-50-P