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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
under Subtitle I of the Resource Conservation and Recovery Act of 1976
RCRA, as amended, 42 U.S.C. 6991, et seq. The States program, as administered by the Arkansas Department of Environmental Quality, was approved by EPA pursuant to 42
U.S.C. 6991c and Part 281 of this Chapter. EPA published the notice of final determination approving the Arkansas underground storage tank base program effective on November 16, 1990. A subsequent program revision application was approved effective on March 8, 2021.
b Enforcement authority. Arkansas has primary responsibility for administering and enforcing its federally-approved underground storage tank program. However, EPA retains the authority to exercise its corrective action, inspection and enforcement authorities under Subtitle I of RCRA
sections 9003h, 9005 and 9006, 42
U.S.C. 6991bh, 6991d and 6991e, as well as under any other applicable statutory and regulatory provisions.
c Retaining program approval. To retain program approval, Arkansas must revise its approved program to adopt new changes to the Federal subtitle I
program which make it more stringent, in accordance with RCRA section 9004, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E. If Arkansas obtains approval for the revised requirements pursuant to RCRA section 9004, 42 U.S.C. 6991c, the newly approved statutory and regulatory provisions will be added to this subpart and notice of any change will be published in the Federal Register.
d Final program approval. Arkansas has final approval for the following elements of its program application originally submitted to EPA and approved effective November 16, 1990, and the program revision application approved by EPA effective on March 8, 2021:
1 State statutes and regulationsi Incorporation by reference. The Arkansas provisions cited in this paragraph are incorporated by reference as part of the underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552a and 1
CFR part 51. You may obtain copies of the Arkansas regulations that are incorporated by reference from the Arkansas Department of Environmental Quality ADEQ website at http
www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 721185317; Phone
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number: 501 6820923. You may inspect all approved material at the EPA
Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 Phone number 214 6652239 or the National Archives and Records Administration NARA. For information on the availability of the material at NARA, email fedreg.legal@nara.gov or go to http www.archives.gov/federalregister/cfr/ibr-locations.html.
A EPA-Approved Arkansas Regulatory Requirements Applicable to the Underground Storage Tank Program, August 2020. Only those provisions that have been approved by EPA are incorporated by reference.
Those provisions are listed in Appendix A to part 282.
B Reserved ii Legal basis. EPA evaluated the following statutes and regulations which provide the legal basis for the States implementation of the underground storage tank program, but they are not being incorporated by reference and do not replace Federal authorities:
A The statutory provisions include:
Arkansas Code Annotated ACA, 2017
Title 8, Environmental Law:
1 Chapter 1 General Provisions:
i Subchapter 1 General Provisions, section 81107; and ii Subchapter 2 Powers of the Department and Commission, section 81202;
2 Chapter 4 Arkansas Water and Air Pollution Control Act:
i Subchapter 1 General Provisions, sections 84103d1A and 84
103d3A through d4A; and ii Subchapter 2 Water Pollution, section 84224;
3 Chapter 7 Hazardous Substances:
i Subchapter 8 Regulated Substance Storage Tanks, sections 878012
through 14J; 87802a1; 87
802b; 87803 through 87807; 87
809 through 87812, 87813 except references to aboveground storage tanks ASTs; 87814; 87816; 87817;
and ii Subchapter 9 Petroleum Storage Tank Trust Fund Act, section 87909.
B The regulatory provisions include:
Arkansas Pollution Control and Ecology Commission APC&EC Regulation No.
12 Storage Tanks, as amended effective August 24, 2018: Chapter 1 General Provisions, Reg. 12.110 Delivery Prohibition; Chapter 2 Registration of Storage Tanks, Reg. 12.201 Registration Requirement; Chapter 5 Licensing of Underground Storage Tank Installers and Service Personnel, Reg. 12.515;
Chapter 6 Licensing of Underground Storage Tank Testers, Reg. 12.613
Violations; Chapter 7 Operator Training,
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Reg. 12.709 Violations and Reg. 12.710
Disclosure Exemption; and Chapter 8
Confidentiality Reg. 12.801 through Reg.
12.805.
iii Provisions not incorporated by reference. The following specifically identified sections and rules applicable to the Arkansas underground storage tank program that are broader in scope than the Federal program, are not part of the approved program, and are not incorporated by reference herein for enforcement purposes:
A Arkansas Code Annotated ACA, 2017, Title 8 Environmental Law:
Chapter 7 Hazardous Substances, Subchapter 8 Regulated Substance Storage Tanks, sections 878011
introductory paragraph through 1B, 87802a2, 87808, 87813 as it applies to aboveground storage tanks ASTs only; and Subchapter 9
Petroleum Storage Tank Trust Fund Act, sections 87901 through 87908.
B Arkansas Pollution Control and Ecology Commission APC&EC
Regulation No. 12 Storage Tanks, as amended effective August 24, 2018:
Chapter 1 General Provisions, Reg.
12.107 Entry and Inspection of Aboveground Storage Tank Facilities;
Chapter 2 Registration of Storage Tanks, Reg. 12.201C through F Registration Requirement, 12.202B2 Certification of Registration as it applies to fees only, 12.203 Storage Tank Registration Fees; Chapter 3 Petroleum Storage Tank Trust Fund Corrective Action Reimbursement Procedures; and Chapter 4 Petroleum Storage Tank Trust Fund Third-Party Payment Procedures.
2 Statement of legal authority. The Attorney Generals Statement, signed by the Assistant Attorney General of Arkansas September 21, 1994, and revisions to that Statement dated October 2, 2018, though not incorporated by reference, are referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
3 Demonstration of procedures for adequate enforcement. The Adequate Enforcement of Compliance submitted as part of the original application on September 26, 1994 and as part of the program revision application for approval on October 17, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.
4 Program description. The program description and any other material submitted as part of the original application September 26, 1994, and as part of the program revision application
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