Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program, 47223-47235 [2010-18932]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Rules and Regulations]
[Pages 47223-47235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18932]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2009-0570; FRL-9172-6]


Louisiana: 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.

-----------------------------------------------------------------------

SUMMARY: During a review of Louisiana's regulations, the EPA identified 
a variety of 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. In addition, 
this document corrects technical errors made in various Federal 
Register authorization documents for Louisiana.
    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 Louisiana's hazardous waste 
management program and incorporates by reference authorized provisions 
of the State's statutes and regulations.

DATES: This regulation is effective October 4, 2010, unless the EPA 
receives adverse written comment on this regulation by the close of 
business September 7, 2010. 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 October 4, 2010 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: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. E-mail: patterson.alima@epa.gov or banks.julia@epa.gov.
    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: Direct your comments to Docket ID No. EPA-R06-RCRA-
2009-0570. EPA's policy is that all comments received will be included 
in the public docket without change, including personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or e-mail. The Federal https://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 e-mail comment directly to the 
EPA without going through https://www.regulations.gov, your e-mail 
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 https://www.spa.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 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 (214) 665-8178. 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, (214) 665-8533 or (214) 665-8178, EPA Region 6, 
1445 Ross Avenue, Dallas, Texas 75202-2733, and e-mail address 
patterson.alima@epa.gov or banks.julia@epa.gov.

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 Louisiana's revisions to its authorized program 
meet all of the statutory and regulatory requirements established by 
RCRA. We found that the State-initiated changes make Louisiana's 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 Louisiana final authorization to operate its hazardous

[[Page 47224]]

waste program with the changes described in the table at Section G 
below. Louisiana 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 Louisiana, 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 Louisiana 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. Louisiana 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 
Louisiana 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 this authorization or the 
incorporation-by-reference of the State program, 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, or the incorporation-by-
reference, 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 and incorporation-by-reference, 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 or the incorporation-by-reference of the State program, we may 
withdraw only that part of this rule, but the authorization of the 
program changes or the incorporation-by-reference of the State program 
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 or incorporation-by-reference of the 
State program will become effective and which part is being withdrawn.

F. For what has Louisiana previously been authorized?

    The State of Louisiana initially received final authorization on 
January 24, 1985, effective February 7, 1985 (see 50 FR 3348), to 
implement its Base Hazardous Waste Management Program. Louisiana 
received authorization for revisions to its program effective January 
29, 1990 (54 FR 48889), October 25, 1991 (56 FR 41958) as corrected 
October 15, 1991 (56 FR 51762); January 23, 1995 (59 FR 55368) as 
corrected April 11, 1995 (60 FR 18360); March 8, 1995 (59 FR 66200); 
January 2, 1996 (60 FR 53704 and 60 FR 53707); June 11, 1996 (61 FR 
13777), March 16, 1998 (62 FR 67572), December 22, 1998 (63 FR 56830), 
October 25, 1999 (64 FR 46302), November 1, 1999 (64 FR 48099), April 
28, 2000 (65 FR 10411), March 5, 2001 (66 FR 23), February 9, 2004 (68 
FR 6852), August 9, 2005 (70 FR 33852), January 12, 2007 (71 FR 66118), 
and October 15, 2007 (72 FR 45905).

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
which follows. These amendments clarify the State's regulations and 
make the State's regulations more internally consistent. The State's 
laws and regulations, as amended by these provisions, provide authority 
which remains equivalent to and no less stringent than the Federal laws 
and regulations. These State-initiated changes satisfy the requirements 
of 40 CFR 271.21(a). We are granting Louisiana 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 statutory provisions or RCRA regulations found at 40 CFR as of 
July 1, 2005. The Louisiana provisions are from the Louisiana 
Administrative Code (LAC), Title 33, Part V effective December 31, 2006 
(except as noted below).

------------------------------------------------------------------------
       State citation (LAC 33:V)             Federal analog (40 CFR)
------------------------------------------------------------------------
               State analogs to 40 CFR Part 260 provisions
              (Hazardous waste management system: General)
------------------------------------------------------------------------
105.L.1................................  260.40.
105.L.2................................  260.41.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 261 provisions
             (Identification and listing of hazardous waste)
------------------------------------------------------------------------
108.C..................................  261.5(c).
109 Hazardous Waste.1..................  261.3(a)(1).
4103 (repealed 4/20/06)................  RCRA Sec.   3010 related.
4105 introductory paragraph (removed 4/  261.6(a) related.
 20/06).
4105.B.5, B.6, (removed 6/20/98).......  No Federal analog.
4105.B.7 and B.3 (removed 5/20/01).....  No Federal analog.

[[Page 47225]]

 
4105.A introductory paragraph..........  261.6(a)(1).
4105.A.1 introductory paragraph and      261.6(a)(3) introductory
 A.1.a. introductory paragraph..          paragraph and (a)(3)(i)
                                          introductory paragraph.
4105.A.1.b-A.1.d.iii...................  261.6(a)(3)(ii)-(a)(3)(iv)(C).
4105.A.2.-2.d..........................  261.6(a)(2)-(a)(2)(d).
4105.A.3...............................  261.6(a)(4).
4105.B.................................  261.6(b).
4105.C.................................  261.6(c)(1).
4105.D-D.2.............................  261.6(c)(2)-(c)(2)(ii).
4105.D.3...............................  261.6(c)(2)(iii).
4105.E.................................  261.6(d).
4107 (repealed 4/20/06)................  No Federal analog.
4109 (repealed 4/20/06)................  No Federal analog.
4111 (repealed 4/20/06)................  261.6(a)(1) (duplicate analog).
4137 (repealed 9/20/98)................  261.6(a)(2) (duplicate analog).
4901.B.3...............................  261.35.
4901.D.5 (repealed 9/20/98)............  No Federal analog.
4903.A.................................  261.20 related.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 262 provisions
         (Standards applicable to generators of hazardous waste)
------------------------------------------------------------------------
1109.E.1.a introductory paragraph......  262.34(a)(1) introductory
                                          paragraph.
1109.E.1.b.............................  262.34(a) unnumbered paragraph.
1109.E.1.d.............................  262.34(a)(3).
1109.E.2...............................  262.34(b).
1101.A.................................  262.10(c).
1107.A.3...............................  262.20(d).
1109.E.1.a.i.-iii......................  262.34(a)(i)-(iii).
1109.E.3 (Reserved)....................  262 related; no direct Federal
                                          analog.
1109.E.7.a.............................  262.34(d)(2).
1109.E.10..............................  262.34(g).
1115 (Repealed)........................  262 related; no Federal analog.
1117 (Repealed)........................  262 related; no Federal analog.
1119 (Repealed)........................  262 related; no Federal analog.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 263 provisions
        (Standards applicable to transporters of hazardous waste)
------------------------------------------------------------------------
1307.H (Repealed)......................  263.20 related; no direct
                                          Federal analog.
1309.F-G (Repealed)....................  263.20 related; no direct
                                          Federal analog.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 264 provisions
    (Standards for owners and operators of hazardous waste treatment,
                    storage, and disposal facilities)
------------------------------------------------------------------------
303.H.4................................  264.11.
1501.C.2...............................  264.1(g)(2).
1501.C.3 (Reserved)....................  264.1(g)(6) related.
1501.C.7 (except C.7.a.iv and C.7.d)...  264.1(g)(8), except
                                          (g)(8)(i)(D) and (iv).
1501.E-G...............................  264.1(c) B (e).
1519.B.2...............................  264.13(b)(2).
1531.C.................................  264.12(b).
1533...................................  264.3.
1535...................................  264.4.
1705.A.1.a and A.1.b...................  264.1030(b)(1) and (b)(2).
1717.B.1 and B.2.......................  264.1050(b)(1) and (b)(2).
1717 Note..............................  264.1050(f) Note.
1901 introductory paragraph............  264.190 introductory paragraph.
1913...................................  264.196.
2101 introductory paragraph............  264.170.
2301...................................  264.250.
2503.K.1.o.............................  264.301 related.
2515.F introductory paragraph--F.1.....  264.314(e) introductory
                                          paragraph--(e)(1).
2701...................................  264.270.
2809.B introductory paragraph and B.1..  264.575(b).
2901...................................  264.220.
2911.B, except B.1.....................  264.228(b).
3309...................................  264.94.
3501.B.................................  264.110(a).
3507.A.................................  264.111.
3515...................................  264.114.
3525.B.1.c.............................  264.119(b)(1)(iii).
3707.F.1 and 2.........................  264.143(f)(1) and (f)(2).
3707.G.................................  264.143(g).
3711.F.1 and .2........................  264.145(f)(1) and (f)(2).

[[Page 47226]]

 
3711.G.................................  264.145(g).
3715.C.................................  264.147(c).
3715.F.1.a and b.......................  264.147(f)(1)(i) and (ii).
3715.F.3.a,............................  264.147(f)(3)(i).
3719.E.................................  264.151(e).
3719.M.................................  264.151(m).
------------------------------------------------------------------------
               State analogs to 40 CFR Part 265 provisions
     (Interim standards for owners and operators of hazardous waste
              treatment, storage, and disposal facilities)
------------------------------------------------------------------------
4301.C except C.13.c and C.13.e........  265.1(c) except (c)(14)(iii).
4301.I.................................  265.1(f).
4306...................................  265.4.
4307.A.................................  265.10.
4311...................................  265.12(a).
4337...................................  265.50.
4351.A.................................  265.70.
4357.B and B.1.........................  265.73 (b) and (b)(1).
4367.A.................................  265.90(a).
4375.A.1...............................  265.94(a)(1).
4377 introductory paragraph............  265.110 introductory paragraph.
4379.A.................................  265.111.
4397.A.................................  265.140(a).
4403.E.1-2.............................  265.143(e)(1) and (e)(2).
4403.F.................................  265.143(f).
4407.E.1-2.............................  265.145(e)(1) and (e)(2).
4407.F.................................  265.145(f).
4411.F.1.a and .b......................  265.146(f)(1)(i) and (ii).
4447...................................  265.220.
4457.B, except the wording ````If the    265.228(a)(2).
 owner or operator he must''..
4457.C.................................  265.228(b).
4463...................................  265.250.
4475.B introductory paragraph and        265.258.
 4375.B.1..
4477...................................  265.270.
4495...................................  265.300.
4511.E.................................  265.316(e).
4523...................................  265.370.
4535...................................  265.400.
4705.B introductory paragraph and        265.1102(b).
 4705.B.1..
------------------------------------------------------------------------
               State analogs to 40 CFR Part 266 provisions
 (Standards for the management of specific hazardous wastes and specific
             types of hazardous waste management facilities)
------------------------------------------------------------------------
3001.C.3...............................  266.100(c)(3).
3005.B.1...............................  266.102(b)(1).
3007.B.2.b.ii and iii..................  266.103(b)(2)(ii)(B) and (C).
3007.B.2.d.ii..........................  266.103(b)(2)(iv)(B).
3007.B.4 and .7........................  266.103(b)(4) and (b)(7).
3007.C introductory paragraph..........  266.103(c) introductory
                                          paragraph.
3007.C.3.b.i...........................  266.103(c)(3)(ii)(A).
3007.C.6.a.............................  266.103(c)(6)(i).
3007.J.1.b.............................  266.103(j)(1)(ii).
3009.B.2...............................  266.104(b)(2).
3009.C.3...............................  266.104(c)(3).
3009.E.4...............................  266.104(e)(4).
3011.A.................................  266.105(a).
3013.A.................................  266.106(a).
3013.B introductory paragraph..........  266.106(b) introductory
                                          paragraph.
3013.B.1, B.2 and B.5..................  266.106(b)(1), (b)(2) and
                                          (b)(5).
3013.C introductory paragraph..........  266.106(c) introductory
                                          paragraph.
3013.C.1 and .C.2......................  266.106(c)(1) and (c)(2).
3013.D.2...............................  266.106(d)(2).
3013.E.................................  266.106(e).
3013.F.2.a, F.2.b.i....................  266.106(f)(2)(i) and
                                          (f)(2)(ii)(A).
3015.B introductory paragraph..........  266.107(b) introductory
                                          paragraph.
3015.B.1 and .B.2......................  266.107(b)(1) and (b)(2).
3015.C.2...............................  266.107(c)(2).
3015.E.................................  266.107(e).
3019.A.2.d.i-iii.......................  266.109(a)(2)(iv)(A)-(C).
3023.D.2...............................  266.111(d)(2).
3025 introductory paragraph............  266.112 introductory paragraph.
3025.A.2...............................  266.112(a)(2).
3025.B.1.a.............................  266.112(b)(1)(i).
3025.B.2.b.............................  266.112(b)(2)(ii).

[[Page 47227]]

 
3099, Appendices A-G...................  Part 266, Appendices I B VII.
3099, Appendices I-L...................  Part 266, Appendices IX, XI B
                                          XIII.
4139.A.................................  266.20(a).
4139.B.................................  266.20(b).
4139.C.................................  266.20(d).
4139.D.................................  266.20(c).
4141.A.................................  266.21.
4141.B.................................  266.22.
4141.C.................................  266.23(a).
4141.D.................................  266.23(b).
4143.A.................................  266.70(a).
4143.B-B.4.............................  266.70(b)-(b)(2).
4143.C.................................  266.70(c).
4143.D.................................  266.70(d).
4145.A and Table.......................  266.80(a) and Table.
4145.B.................................  266.80(b).
4145.B.1-B.1.c.........................  266.80(b)(1)-(b)(1)(vii).
4145.B.2-B.2.d.........................  266.80(b)(2)-(b)(2)(vii).
------------------------------------------------------------------------
               State analogs to 40 CFR Part 268 provisions
                      (Land Disposal Restrictions)
------------------------------------------------------------------------
2201.B.................................  268.1 related.
2201.E and F...........................  268.1 related.
2203.A. ``Duly Authorized                270.11(b) related.
 Representative''.
2203.A. ``Petitioner''.................  268 related.
2203.B.................................  268.2 related.
2205.D, except the phrase ``or a         268.50(d).
 determination under LAC 33:V.2273,''.
2209.D.1, the phrase ``or a              268.30(d)(2).
 determination under LAC 33:V.2273,''.
2211.B.2...............................  268.31(d)(2).
2211.B.3...............................  268.31(d)(3).
2237.A.2 a.............................  268.4(a)(2)(.i).
2247.E.................................  268.7(b)(6).
------------------------------------------------------------------------
               State analogs to 40 CFR Part 270 provisions
                  (The hazardous waste permit program)
------------------------------------------------------------------------
305.C.13 introductory paragraph and      270.1(c)(3)(i) introductory
 305.C.13.a-c.                            paragraph and (c)(3)(i)(A)-
                                          (C).
305.C.14...............................  270.1(c)(3)(ii).
517 introductory paragraph.............  270.14(a) and (b) intro.
517.B.5................................  270.14(b)(19)(iv).
517.T.6.a..............................  270.14(c) related.
517.V..................................  270.14(b)(21).
519....................................  270.14(a).
3801.A (2004)..........................  273.1.
3805.B.1...............................  273.3(b)(1).
3855.A.2 and B.2 (December, 2004)......  273.39(a)(2) and (b)(2).
3873.B.................................  273.60(b).
3877.A.2 (December, 2004)..............  273.62(b)(2).
4003 introductory paragraph............  279.10 introductory paragraph.
4003.E.1.b.............................  279.10(e)(1)(ii).
4037.A.5...............................  279.46(a)(5).
------------------------------------------------------------------------

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 
Louisiana?

    Louisiana 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. Technical Corrections

    The following technical corrections are made to various Louisiana 
authorization Federal Register documents. There are two types of 
corrections being made. The first type includes additions or 
corrections to the list of citations for checklist entries that were 
actually included in the published Federal Register documents. These 
are presented in order of the entry number and associated checklist 
followed by a brief description of the correction being made. The 
second type of correction is the addition of entire checklist entries 
for Federal rules which were inadvertently omitted from the original 
authorization tables.

A. Corrections to the 3/28/96 Federal Register (61 FR 13777; effective 
3/28/96)

    1. For Checklist 112, the following corrections should be made:
    a. ``4021.A, amended March 20, 1995, effective March 20, 1995'' is 
added to the list of citations.
    b. The second citation ``4065.A'' is corrected to read ``4065.B''.

[[Page 47228]]

B. Corrections to the 12/29/97 Federal Register (62 FR 67572; effective 
3/16/98)

    1. Throughout the authorization Table, the amendment and effective 
date for the citation ``105.D.33.b'' is corrected to read ``amended 
September 20, 1996, effective September 20, 1996''.
    2. For Checklist 85, the following corrections should be made:
    a. The citation ``321.C.7-C.a.v'' is corrected to read ``321.C.7-
C.7.a.v''.
    b. The entry ``321.C.7.iv amended September 20, 1995, effective 
September 20, 1995'' is removed.
    c. The citation ``321.C.i-iv'' is removed.
    d. The amendment and effective dates for the citation ``322'' are 
corrected to read ``as amended September 20, 1996 effective September 
20, 1996''.
    e. The citation ``3007.B.b.2ii.c'' is removed.
    f. The citation ``3009.A-'' is corrected to read ``3009.A-I''.
    g. The citation ``3025.B.2.b, amended March 20, 1995, effective 
March 20, 1995'' is added to the list of citations.
    h. The citation ``3025.C.2.b, amended March 20, 1995, effective 
March 20, 1995'' is added to the list of citations.
    i. The amendment and effective dates for citations ``4303.A.6 & 
B.7'' are corrected to read ``as amended March 20, 1995, effective 
March 20, 1995''.
    3. For Checklist 125, the amendment and effective dates for 
citations ``3009.E.3'' and ``3013.H'' are corrected to read ``as 
amended September 20, 1996, effective September 20, 1996''.
    4. For Checklist 126, the amendment and effective dates for 
citation ``3115.B.1.c-d'' are corrected to read ``as amended September 
20, 1996, effective September 20, 1996''.
    5. For Checklist 130, the following corrections should be made:
    a. The citation ``4009.B.b'' is corrected to read ``4009.B.2.b''.
    b. The language ``as amended March 20, 1995; effective March 20, 
1995, Sec.  4003.G, 4003.G.1-6, 4009.B.2.c-e'' is removed.

C. Corrections to the 10/23/98 Federal Register (63 FR 56830; effective 
12/22/98)

    1. The entry for Checklist 137 is removed.
    2. For Checklist 142A, the following corrections should be made:
    a. The citation ``3813.H'' is removed.
    b. The citation ``3817-B'' is corrected to read ``3817.A-A.2''.
    c. The citation ``3835-3835.C'' is corrected to read ``3835.A-
A.3''.
    d. The citation ``3839-3839.B'' is corrected to read ``3839.A-
A.2''.
    e. The citation ``3857.A-C'' is corrected to read ``3857''.
    f. The citation ``3861-3861.B'' is corrected to read ``3861.A-
A.2''.
    g. The citation ``3871-3871.B'' is corrected to read ``3871.A-
A.2''.
    3. For Checklist 142B, add ``4105.B.4, as amended May 20, 1997, 
effective May 20, 1997'' to the list of citations.
    4. For Checklist 142C, the following corrections should be made:
    a. The citation ``3823.B-C.2'' is corrected to read ``3823.A.2-
A.3''.
    b. The citation ``3845.B-C.2'' is corrected to read ``3845.A.2-
A.3''.
    5. For Checklist 142D, the following corrections should be made:
    a. The entries for ``3823.B-C.2'' and ``3823.D'' are removed from 
the list of citations.
    b. The citation ``3823.A.4, as amended May 20, 1997, effective May 
20, 1997'' is added to the list of citations.
    c. The citation ``3845.D'' is corrected to read ``3845.A.4''.
    6. For Checklist 142E, the following corrections should be made:
    a. The citation ``3881.A-C'' is corrected to read ``3881.A-D''.
    b. The citation ``3883.A-H'' is corrected to read ``3883.A-A.8''.
    7. For Checklist 148, the following corrections should be made:
    a. Add ``537.B.2.g'' to the list of citations.
    b. The citation ``708.A.b.i-vi'' is corrected to read ``708.B.1-
2''.
    c. The citation ``3115.b.12.BI-IV'' is corrected to read 
``3115.B.12.bi-iv''.

D. Corrections to the 8/25/99 Federal Register (64 FR 46302; effective 
10/25/99)

    1. For Checklist 34, the following corrections should be made:
    a. The amendment and effective dates for citation ``109 Empty 
Container.1.a'' are corrected to read ``as amended September 20, 1998, 
effective September 20, 1998''.
    b. The citation ``109.Empty Container.2.b'' is corrected to read 
``109.Empty Container.1.b.ii''.
    c. The citation ``501.D'' is corrected to read ``1501.D''.
    d. The citation ``1518.B.b'' is corrected to read ``1519.B.8.b''.
    e. The citation ``1518.B.c.ii'' is corrected to read 
``1519.B.8.c.ii.a''.
    f. The amendment and effective dates for citation 
``4313.E.7.c.ii.(b)'' are corrected to read ``as amended September 20, 
1998, effective September 20, 1998''.
    2. For Checklist 39, the amendment and effective dates for citation 
``1101.D'' are corrected to read ``as amended June 20, 1998, effective 
June 20, 1998''.
    3. For Checklist 50, the following corrections should be made:
    a. The citation ``4319.A.2'' is corrected to read ``4139.A.2-A.4''.
    b. The amendment and effective dates for citation 
``4313.E.7.c.ii.(b)'' are corrected to read ``as amended September 20, 
1998, effective September 20, 1998''.
    4. For Checklist 66, the citation ``4319.A.2'' is corrected to read 
``4139.A.2-A.4''.
    5. For Checklist 78, the following corrections should be made:
    a. The citation ``2203.A.Dris'' is corrected to read 
``2203.A.Debris''.
    b. Add ``Chapter 22.Table 2, as amended January 20, 1996, effective 
January 20, 1996'' to the list of citations.
    c. The citation ``4312.B'' is corrected to read ``4313.B''
    6. For Checklist 83, the citation ``Chapter 22.Table 9'' is 
corrected to read ``Chapter 22.Table 3''.
    7. For Checklist 102, add ``1519.A.1, as amended September 20, 
1996, effective September 20, 1996'' to the list of citations.
    8. For Checklist 109, the following corrections should be made:
    a. The correct amendment and effective dates for ``109.Hazardous 
Waste.6'' and ``109.Hazardous Waste.6.a-b'' are ``June 20, 1998'' 
rather than ``May 20, 1997''.
    b. After the entry 321.C.5.d.ii(b), as amended September 20, 1995, 
effective September 20, 1995, insert ``322.I.6 and 322.M, as amended 
September 20, 1996''.
    c. The citation ``515.A.25'' is corrected to read ``515.25''.
    d. The citation ``1109.E.1.c'' is corrected to read 
``1109.E.1.a.iii''.
    e. The citation ``1109.E.1.d'' is corrected to read 
``1109.E.1.a.iv''.
    f. The citation ``1109.E.1.e'' is corrected to read ``1109.E.1.c''.
    g. Add citation ``2227.D,'' after ``2227.B''.
    h. Add citations ``2230.D.1.b, 2230.D.2-5'' after ``2230.D.1.a''.
    i. Add citation ``4701.A'' before ``4701.A.1''.
    9. For Checklist 151, the following corrections should be made:
    a. The citation ``221.F.2-3'' is corrected to read ``2221.F.2-3''.
    b. Add citation ``2223.G,'' after ``2223.E,''.
    10. Add the following new entry to the Table:

[[Page 47229]]



------------------------------------------------------------------------
      Federal citation                       State analog
------------------------------------------------------------------------
 
                              * * * * * * *
17. Universal Treatment       LRS:30:2180 et seq., as amended June 14,
 Standards and Treatment       1991, effective June 14, 1991, LHWR Sec.
 Standards for Organic         Sec.   105.K.1 introductory paragraph,
 Toxicity Characteristic       105.K.2 introductory paragraph,
 Wastes and Newly Listed       105.K.2.a, 105.K.2.b, 105.O.1
 Wastes, [59 FR 47982-         introductory paragraph, 105.O.1.b,
 48110]; September 19, 1994,   105.O.2.a introductory paragraph,
 as amended at 60 FR 242-      105.O.2.b introductory paragraph,
 302, January 3, 1995.         109.Solid Waste.5.a.iii, as amended June
 (Checklist 137.)              20, 1998, effective June 20, 1998,
                               1501.C.6, amended May 20, 1997, effective
                               May 20, 1997, 2201.G.4.b, amended April
                               20, 1998, effective April 20, 1998,
                               2201.G.4.c.2, amended January 20, 1996,
                               effective January 20, 1996, 2201.I.3,
                               amended September 20, 1998, effective
                               September 20, 1998, 2203.A.Debris,
                               amended January 20, 1996, effective
                               January 20, 1996, 2203.A.Underlying
                               Hazardous Constituent, as amended April
                               20, 1998, effective April 20, 1998,
                               2221.E, as amended January 20, 1996,
                               effective January 20, 1996, 2223.A,
                               amended April 20, 1998, effective April
                               20, 1998, 2223.A.1-A.3, amended January
                               20, 1996, effective January 20, 1996,
                               2223.B, amended September 20, 1996,
                               effective September 20, 1996, 2223.C,
                               2223.D, 2223.D.1-D.3, 2223.E, 2223.F, as
                               amended September 20, 1998, effective
                               September 20, 1998, 2227.A, as amended
                               February 20, 1998, effective February 20,
                               1998, 2227.C.2, 2227.D, amended January
                               20, 1996, effective January 20, 1996,
                               2230.B.2, amended May 20, 1997, effective
                               May 20, 1997, 2233.A, amended January 20,
                               1996, effective January 20, 1996, 2245.A,
                               amended April 20, 1998, effective April
                               20, 1998, 2245.B.1-3, amended January 20,
                               1996, effective January 20, 1996,
                               2245.B.4-6, amended April 20, 1998,
                               effective date April 20, 1998, 2245.C.1,
                               amended January 20, 1996, effective
                               January 20, 1996, 2245.C.1.b, 2245.D,
                               2245.D.1-2, amended April 20, 1998,
                               effective April 20, 1998, 2245.D.4-6,
                               2245.D.4.a-b, 2245.D.7, 2245.E, 2245.E.1-
                               3, 2245.F, 2245.G-I, amended January 20,
                               1996, effective January 20, 1996, 2246.A,
                               amended April 20, 1998, effective April
                               20, 1998, 2246.D.1.a-b, 2246.D.3, 2246.E,
                               2246.E.1. amended January 20, 1996,
                               effective January 20, 1996, 2247.B.2,
                               amended September 20, 1998, effective
                               September 20, 1998, 2247.C.4, amended
                               April 20, 1998, effective April 20, 1998,
                               Chapter 22.Table 2, as amended January
                               20, 1996, effective January 20, 1996,
                               Chapter 22.Table 3, amended September 20,
                               1998, effective September 20, 1998,
                               Chapter 22.Table 6, amended January 20,
                               1996, effective January 20, 1996, Chapter
                               22.Table 7, amended April 20, 1998,
                               effective April 20, 1998, Chapter
                               22.Table 11, amended January 20, 1996,
                               effective January 20, 1996, 3001.C.1,
                               3001.C.3, 3001.C.3.a, 3001.C.3.a.1,
                               3001.C.3.b, Chapter 30, Appendix M,
                               amended September 20, 1996, effective
                               September 20, 1996, 4139.B.3, 4301.E,
                               amended September 20, 1998, effective
                               September 20, 1998,
 
                              * * * * * * *
------------------------------------------------------------------------

E. Corrections to the September 2, 1999 Federal Register (64 FR 48099; 
effective 11/1/99)

    1. For Checklist 155, the citations in the State Analog entry 
should consist of only ``LRS 30:2180 et seq., as amended June 14, 1991, 
effective June 14, 1991; LHWR Sec.  2221.F.3, amended April 20, 1998, 
effective April 20, 1998''.
    2. For Checklist 156, the citation ``5305.A.l.a-c'' is corrected to 
read ``5305.A.1.a-d''.
    3. For Checklist 157, the following corrections should be made:
    a. The citation ``2245.C.1.b'' is corrected to read ``2245.C.2''.
    b. The citation ``2245.I.3'' is corrected to read ``2245.I.4''.
    c. The citation ``2747.A'' is corrected to read ``2247.A''.
    4. For Checklist 158, the amendment and effective dates for 
citation ``Chapter 30. Appendix I'' are corrected to read ``as amended 
September 20, 1996, effective September 20, 1996''.

F. Corrections to the 2/28/00 Federal Register (65 FR 10411; effective 
4/28/00)

    1. For Checklist 17D the amendment and effective dates for citation 
``4301.B'' are corrected to read ``September 20, 1994'' rather than 
``March 20, 1999''.
    2. For Checklist 154, the following corrections should be made:
    a. The correct amendment and effective dates for ``307.A.2, 
307.A.3'' and ``307.A.4'' are corrected to read ``March 20, 1999'' 
rather than ``September 20, 1998''.
    b. The amendment and effective dates for ``521.E'': are corrected 
to read ``September 20, 1998'' rather than ``March 20, 1998''.
    c. The correct amendment and effective dates for ``1109.E.7.a'' are 
corrected to read ``March 20, 1999''.
    d. The citation A1713.10.e.i-ii'' is corrected to read 
A1713.C.10.e.i-ii''.
    e. The amendment and effective dates for ``1713.D'' are corrected 
to read ``March 20, 1999'' rather than ``September 20, 1998''.
    f. The citation ``1725.E'' is corrected to read ``1731.E''.
    g. The citation ``1751.C.2.i-ii'' is corrected to read 
``1751.C.2.i.i-ii''.
    h. The citation ``1755.C.2.C.i-ii'' is corrected to read 
``1755.C.2.c.i-ii''.
    i. The citation ``1755C.2.i-ii'' is corrected to read 
``1755.C.2.c.i-ii''.
    j. The second occurrence of citation ``1765.A'' is corrected to 
read ``1767.A''.
    k. The citation ``1767.C.1-3'' is corrected to read ``1767.C.1-2'' 
and the amendment and effective dates for ``1767.C.1'' is corrected to 
read ``March 20, 1999'' rather than ``September 20, 1998''.
    l. The citation ``4301.C'' is corrected to read ``4301.B'' and the 
amendment and effective dates are corrected to read ``March 20, 1999'' 
rather than ``September 20, 1998''.
    m. The citation ``4313.4.6'' is corrected to read ``4313.E.6''.
    n. The amendment and effective dates for ``4456'' are corrected to 
read ``September 20, 1998''.
    o. The amendment and effective dates for ``4721'' are corrected to 
read ``September 20, 1998''.
    p. The citations ``4729, 4731, 4733, 4735, 4737'' are added to the 
list of citations as amended September 20, 1998, effective September 
20, 1998.
    3. For Checklist 162, the citation ``2231.G.3'' is corrected to 
read ``2231.G.5''.
    4. For Checklist 163, the following corrections should be made:
    a. The amendment and effective dates for the following citations 
are corrected to read ``March 20, 1999'' rather than ``September 20, 
1998'': ``517.G'', ``1703. In Light Service'', ``1705.A.1.c'', 
1705.A.2'', 1705.A.3'', ``1709.A.2.a-d'', ``1717.B.3'', ``1717 Note'', 
``1735.A'', ``1747.C'', ``1751.B'', ``1751.C.4.b'', ``1753.B.1'', 
``1755.C.2.c'', ``1755.E.4'', ``1755.F.3.a.iv.d'', ``1757.E.2.c'', 
``1759.C.2'', ``1759.C.4.a'', ``1759.D.4.a'', ``1759.G'', 
``1761.C.3.b'', ``1765.B.1.b.ii'', ``1765.F.1'', ``1765.J''.
    b. The citation ``1735.A.B.1-4'' is corrected to read ``1735.B.1-
4''.

[[Page 47230]]

    c. The citation ``17.G.6'' is corrected to read ``1743.G.6''.
    d. The citation ``1751.C.2.i-ii'' is corrected to read 
``1751.C.2.i.i-ii'' with an amendment and effective dates of ``March 
20, 1999''.
    e. The citation ``1755C.2.i-ii'' is corrected to read 
``1755.C.2.c.i-ii''.
    f. The citation ``1755.F.3.c.iv.d'' is removed from the list of 
citations.
    g. The citations ``4549.B.3'' and ``4549.C'' as amended March 20, 
1999, effective March 20, 1999 are added to the list of citations.
    h. The amendment and effective dates for ``4719'' and ``4721'' are 
corrected to read ``September 20, 1998''.
    i. The amendment and effective dates for ``4723.A'' is corrected to 
read ``March 20, 1999''.
    j. The citations ``4729, 4731, 4733, 4735'' are added to the list 
of citations as amended September 20, 1998, effective September 20, 
1998.
    5. For Checklist 161, the correct amendment and effective dates for 
``Chapter 22.Table 7'' are ``March 20, 1999''.
    6. For Checklist 167A, the citations ``2215.A-D, 2215.D.1-4, 
2215.E,'' are corrected to read ``2216.A-E, 2216.E.1-4, 2216.F''.
    7. For Checklist 167B, the following corrections should be made:
    a. Remove ``2223.J'' from the list of citations.
    b. The citation ``221.G'' is corrected to read ``2231.G''.
    c. The citation ``2236.C.a-b'' is corrected to read ``2236.C.3.a-
b''.
    d. The citation ``2245.C.1.b'' is corrected to read ``2245.C.2''.
    e. Remove ``2245.C.3'' from the list of citations.
    f. Add ``2247.B'' to the list of citations.
    g. The citation ``2247.C.1.a'' is corrected to read ``2247.C''.
    8. For Checklist 167C, the citation ``2245.D.Generator Table'' is 
replaced with ``2247.B.2.a-f''.
    9. For Checklist 167D, the amendment and effective dates for 
``109.Solid Waste.5.a.iii'' are corrected to read ``February 20, 2000'' 
rather than ``March 20, 1999''.
    10. For Checklist 167E, the citation ``105.D.h.i-ii'' is corrected 
to read ``105.D.2.h.i-ii''.
    11. For Checklist 168, the following corrections should be made:
    a. The citation ``105.D.1.p.vi'' is corrected to read 
``105.D.1.q''.
    b. The citation ``322.l.9'' is corrected to read ``322.L.9''.
    c. ``4909.D-D.13'' is added to the list of citations.

G. Corrections to the 1/2/01 Federal Register (66 FR 23; effective 3/5/
01)

    1. For Checklist 169, the following corrections should be made:
    a. The amendment and effective dates for ``4105.B.11'' are 
corrected to read ``May 20, 1997''.
    b. The citation ``4109.B.b.Table 1'' is corrected to read 
``4109.B.1.Table 1''.
    2. For Checklist 175, the following corrections should be made:
    a. Add ``109 Facility'' to the list of citations.
    b. The citation ``606.A.2.C'' is corrected to read ``605.A.2.c.''
    c. The correct amendment and effective dates for citation ``660'' 
are ``July 20, 2000'' rather than ``February 20, 2000''.
    3. For Checklist 177, the following corrections should be made:
    a. The citation ``1747.A.1.a'' is corrected to read ``1753.A.1.a''.
    b. The citation ``1719'' is corrected to read ``4719''.
    c. The entry ``2000;'' after the citation ``4727.A.1.b'' is 
removed.
    d. The citation ``4727.B.1.b.ii'' is corrected to read 
``4727.B.3.b.ii''.
    4. For Checklist 179:
    a. The amendment and effective dates for ``2203.A.Hazardous 
Debris'' is corrected to read ``February 20, 2000'' rather than ``March 
20, 1999''.
    b. The amendment and effective dates for ``2203.A.Soil'' is 
corrected to read ``February 20, 2000'' rather than ``March 20, 1999''.
    c. The citation ``2236.C'' is corrected to read ``2236.C.3''.
    d. The amendment and effective dates for ``2245.D.Generator Table'' 
is corrected to read ``February 20, 2000'' rather than ``March 20, 
1999''.

H. Corrections to the 12/9/03 Federal Register (68 FR 98526; effective 
2/9/04)

    1. Add an entry for 905.B.5, analogous to 40 CFR 264.71(b)(5), 
amended to be equivalent to Federal.
    2. For Checklist 181, the following corrections should be made:
    a. The citation ``2201.I.l.5.b-d'' is corrected to read 
``2201.I.5.b-d''.
    b. The amendment and effective dates for ``3809.A'' are corrected 
to read ``September 20, 1998''.
    c. For citation ``3809.C'', the amendment date ``September 20, 
198'' is corrected to read ``September 20, 1998''.
    d. For citation ``3813.Small quantity handler of universal waste'', 
the amendment and effective dates are corrected to read ``February 20, 
2000''.
    e. The citation ``3815.B'' is corrected to read ``3815.A''.
    3. For Checklist 182, the following corrections should be made:
    a. The citation ``332.B.8'' is corrected to read ``322.B.8''.
    b. The citation ``525.G'' is corrected to read ``535.G''.
    4. For Checklist 190, the citation ``2215 Appendix Table 9'' is 
corrected to read ``Chapter 22.Table 9''
    5. For Checklist 192A, add ``109.HW.4.b.i'' to the list of 
citations.
    6. For Checklist 196, the following corrections should be made:
    a. The citations ``2602, 2602.A'' are corrected to read ``2602.A-
H''.
    b. The citation ``12607.A.2'' is corrected to read ``2607.A.2''.
    7. For Checklist 197, the citation ``3001B.2.a-d'' is corrected to 
read ``3001.B.2.a-e''.

I. Corrections to the 6/10/05 Federal Register (70 FR 33852; effective 
8/9/05)

    For Checklist 200, the citation ``4139.A.6'' is corrected to read 
``4139.A.3''.

J. Corrections to the 8/16/07 Federal Register (72 FR 45905; effective 
10/15/07)

    1. For Checklist 206, the following corrections should be made:
    a. The citation ``2208.B.5'' is corrected to read ``2208.A, 2208.B, 
2208.B.1-B.5''.
    b. The citation ``49o.C.2'' is corrected to read ``4901.C.2''.
    c. The citation ``-3'' is corrected to read ``4901.C.3''.
    d. The citation ``4901.C.3.3.c.v-x'' is corrected to read 
``4901.C.3.c.v-x''.
    e. The citation ``4901.C.3.c.(a)-(d)'' is corrected to read 
``4901.C.3.c.x.(a)-(d)''.
    f. The citation ``4901.C.3.xi.(a)-(d)'' is corrected to read 
``4901.C.3.c.xi.(a)-(c)''.
    g. The citation ``4901.C.3.d'' is inserted before ``4901.C.3.e''.
    2. For Checklist 207, add ``1107'' to the list of citations.

III. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the 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

[[Page 47231]]

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 Louisiana's hazardous waste 
management program?

    The EPA incorporated by reference Louisiana's then authorized 
hazardous waste program effective March 16, 1998 (62 FR 67578). In this 
document, the EPA is revising Subpart T of 40 CFR part 272 to include 
the authorization revision actions effective March 16, 1998 (62 FR 
67572), December 22, 1998 (63 FR 56830), October 25, 1999 (64 FR 
46302), November 1, 1999 (64 FR 48099), April 28, 2000 (65 FR 10411), 
March 5, 2001 (66 FR 23), February 9, 2004 (68 FR 6852), August 9, 2005 
(70 FR 33852), January 12, 2007 (71 FR 66118), and October 15, 2007 (72 
FR 45905).

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

    The purpose of this Federal Register document is to codify 
Louisiana's base hazardous waste management program and its revisions 
to that program. The EPA provided notices and opportunity for comments 
on the Agency's decisions to authorize the Louisiana program, and the 
EPA is not now reopening the decisions, nor requesting comments, on the 
Louisiana authorizations as published in the Federal Register notices 
specified in Section I.F of this document.
    This document incorporates by reference Louisiana's hazardous waste 
statutes and regulations and clarifies which of these provisions are 
included in the authorized and federally enforceable program. By 
codifying Louisiana's 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 Louisiana hazardous 
waste management program.
    The EPA is incorporating by reference the Louisiana authorized 
hazardous waste program in subpart T of 40 CFR part 272. Section 
272.951 incorporates by reference Louisiana's authorized hazardous 
waste statutes and regulations. Section 272.951 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 Louisiana's 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 Louisiana 
procedural and enforcement authorities. Section 272.951(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 Louisiana's 
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 Louisiana but for which the State is 
not authorized;
    (3) Unauthorized amendments to authorized State provisions; and
    (4) Other new unauthorized State requirements.
    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 272.951(c)(3) lists 
the Louisiana 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, Louisiana's 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.
    Federal rules Louisiana has adopted but is not authorized for 
include those published in the Federal Register on August 8, 1986 (51 
FR 28664); December 1, 1987 (52 FR 45788); April 12, 1996 (61 FR 
16290), August 5, 2005 (70 FR 45508), and July 28, 2006 (71 FR 42928). 
In those instances where Louisiana has made unauthorized amendments to 
previously authorized sections of State code, the EPA is identifying in 
40 CFR 272.951(c)(4) any regulations which, while adopted by the State 
and incorporated by reference, include language not authorized by the 
EPA. Those unauthorized portions of the State regulations are not 
federally enforceable. Thus, notwithstanding the language in Louisiana 
hazardous waste regulations incorporated by reference at 40 CFR 
272.951(c)(1), the EPA will only enforce those portions of the State 
regulations that are actually authorized by the EPA. For the 
convenience of the regulated community, the actual State regulatory 
text authorized by the EPA for the citations listed at 272.951(c)(4) 
(i.e., without the unauthorized amendments) is compiled as a separate 
document, Addendum to the EPA Approved Louisiana Regulatory 
Requirements Applicable to the Hazardous Waste Management Program, 
October 2007. This document is available from EPA Region 6, Sixth 
Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: (214) 
665-8533, and also Louisiana Department of Environmental Quality, 602 
N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone number (225) 
219-3559.
    State regulations that are not incorporated by reference in this 
rule at 40 CFR 272.951(c)(1), or that are not listed in 40 CFR 
272.951(c)(2) (``legal basis for the State's implementation of the 
hazardous waste management program''), 40 CFR 272.951(c)(3) (``broader 
in scope'') or 40 CFR 272.951(c)(4) (``unauthorized state 
amendments''), are considered new unauthorized State requirements. 
These

[[Page 47232]]

requirements are not federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

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

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by the EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.
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 Louisiana's authorized hazardous waste 
management regulations and imposes no additional requirements beyond 
those imposed by State law. Accordingly, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this rule merely incorporates by reference certain 
existing State hazardous waste management program requirements which 
the EPA already approved under 40 CFR part 271, and with which 
regulated entities must already comply, it does not contain any 
unfunded mandate or significantly or uniquely affect small governments, 
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing 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 Louisiana's 
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). This action will be effective October 4, 2010.

List of Subjects in 40 CFR Parts 271 and 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental