Louisiana: Final Authorization of State Hazardous Waste Management Program Revision, 37021-37025 [2011-15876]
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Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Rules and Regulations
ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)—Continued
Methodology
EPA method
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Axially viewed inductively coupled plasma-atomic emission spectrometry (AVICP–AES).
Atomic Absorption; Direct ....................................
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1 Standard Methods for the Examination of Water and Wastewater, 21st edition (2005). Available from American Public Health Association, 800
I Street, NW., Washington, DC 20001–3710.
2 EPA Method 200.5, Revision 4.2. ‘‘Determination of Trace Elements in Drinking Water by Axially Viewed Inductively Coupled Plasma-Atomic
Emission Spectrometry.’’ 2003. EPA/600/R–06/115. (Available at https://www.epa.gov/nerlcwww/ordmeth.htm.)
3 Standard Methods Online are available at https://www.standardmethods.org. The year in which each method was approved by the Standard
Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be
used.
4 Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959 or https://astm.org. The methods listed are
the only alternative versions that may be used.
* * * * *
8 Systea Easy (1–Reagent). ‘‘Systea Easy (1–Reagent) Nitrate Method,’’ February 4, 2009. Available at https://www.nemi.gov/apex/
f?p=237:1:1150314317898177 or from Systea Scientific, LLC., 900 Jorie Blvd., Suite 35, Oak Brook, IL 60523.
* * * * *
14 EPA Method 557. ‘‘Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC–ESI–MS/MS),’’ September 2009. EPA 815–B–09–012. Available at https://water.epa.gov/scitech/
drinkingwater/labcert/analyticalmethods_expedited.cfm.
* * * * *
22 Hach Company Method, ‘‘Hach Company SPADNS 2 (Arsenic-free) Fluoride Method 10225—Spectrophotometric Measurement of Fluoride
in Water and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at https://www.hach.com.)
23 Hach Company Method, ‘‘Hach Company TNTplusTM 835/836 Nitrate Method 10206—Spectrophotometric Measurement of Nitrate in Water
and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at https://www.hach.com.)
[FR Doc. 2011–15629 Filed 6–23–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2010–0307; FRL–9323–9]
Louisiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
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AGENCY:
Louisiana has applied to the
EPA for final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The EPA has
determined that these changes satisfy all
SUMMARY:
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requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this immediate
final action. The EPA is publishing this
rule to authorize the changes without a
prior proposal because we believe this
action is not controversial and do not
expect comments that oppose it. Unless
we receive written comments which
oppose this authorization during the
comment period, the decision to
authorize Louisiana’s changes to its
hazardous waste program will take
effect. If we receive comments that
oppose this action, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect, and a separate document in the
proposed rules section of this Federal
Register will serve as a proposal to
authorize the changes.
This final authorization will
become effective on August 23, 2011
DATES:
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unless the EPA receives adverse written
comment by July 25, 2011. If the EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take effect.
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.
3. Mail: Alima Patterson, Region 6,
Regional Authorization 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, State/Tribal Oversight
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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
regulations.gov, or e-mail. The Federal
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 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. You can view and
copy Louisiana’s application and
associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday
through Friday at the following
locations: Louisiana Department of
Environmental Quality, 602 N. Fifth
Street, Baton Rouge, Louisiana 70884–
2178, phone number (225) 219–3559
and EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number (214) 665–8533. 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, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas
Texas 75202–2733, (214) 665–8533) and
E-mail address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
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
program. As the Federal program
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changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur.
Most commonly, States must change
their programs because of changes to the
EPA’s regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260
through 268, 270, 273, and 279.
B. What decisions have we made in this
rule?
We conclude that Louisiana’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Louisiana
final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Louisiana has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the 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 today’s
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 after
notice to and consultation with the
State.
This action does not impose
additional requirements on the
regulated community because the
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regulations for which Louisiana is being
authorized by today’s action are already
effective under State law, and are not
changed by today’s action.
D. Why wasn’t there a proposed rule
before today’s rule?
The EPA did not publish a proposal
before today’s 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 today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, we will
withdraw this rule by publishing a
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. You may not have another
opportunity to comment. 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
will 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
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 February
7, 1985, (50 FR 3348), to implement its
base Hazardous Waste Management
Program. We granted authorization for
changes to their program on November
28, 1989 (54 FR 48889) effective January
29, 1990; August 26, 1991 (56 FR 41958)
effective August 26, 1991; November 7,
1994 (59 FR 55368) effective January 23,
1995; December 23, 1994 (59 FR 66200)
effective March 8, 1995; there were
technical corrections made on January
23, 1995 (60 FR 4380), effective January
23, 1995; and another technical
correction was made on April 11, 1995
(60 FR 18360) effective April 11, 1995;
October 17, 1995 (60 FR 53704) effective
January 2, 1996; March 28, 1996 (61 FR
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13777) effective June 11, 1996;
December 29, 1997 (62 FR 67572)
effective March 16, 1998; October 23,
1998 (63 FR 56830) effective December
22, 1998; August 25, 1999 (64 FR 46302)
effective October 25, 1999; September 2,
1999 (64 FR 48099) effective November
1, 1999; February 28, 2000 (65 FR
10411) effective April 28, 2000; January
2, 2001 (66 FR 23) effective March 5,
2001; December 9, 2003 (68 FR 68526)
effective February 9, 2004, June 10, 2005
(70 FR 33852) effective August 9, 2005;
November 13, 2006 (71 FR 66116)
effective January 12, 2007, August 16,
2007 (72 FR 45905) effective October 15,
2007 and May 20, 2009 (74 FR 23645)
effective July 20, 2009. On January 29,
2010, Louisiana applied for approval of
its program revisions for RCRA Cluster
XVIII including Checklist 209
(Universal Waste Rule: Specific
Provisions for Mercury-Containing
Equipment).
In this application, Louisiana is
seeking approval for RCRA Checklists
209 and 216 through 218 in accordance
with 40 CFR 271.21(b)(3).
Since 1979 through the
Environmental Affairs Act, Act 449
enabled the Office of Environmental
Affairs within the Louisiana Department
of Natural Resources, as well as, the
Environmental Control Commission to
conduct an effective program designed
to regulate those who generate,
transport, treat, store, dispose or recycle
hazardous waste. During the 1983
Regular Session of the Louisiana
Legislature, Act 97 was adopted, which
Description of Federal requirement (include checklist
#, if relevant)
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1. Universal Waste Rule:
Specific Provisions for
Mercury Containing Equipment. (Checklist 209).
amended and reenacted La. R. S.
30:1051 et seq. as the Environmental
Quality Act, renaming the
Environmental Affairs Act (Act 1938 of
1979). This Act created Louisiana
Department of Environmental Quality
(LDEQ), including provisions for new
offices within this new Department of
Environmental Quality. Act 97 also
transferred the duties and
responsibilities previously delegated to
the Department of Natural Resources,
Office of Environmental Affairs, to the
new Department. The LDEQ has lead
agency jurisdictional authority for
administering the Resource Recovery
and Conservation Act (RCRA) Subtitle C
program in Louisiana. Also, the LDEQ is
designated to facilitate communication
between the EPA and the State. During
the 1999 Regular Session of Louisiana
Legislature, Act 303 revised the
La.R.S.30:2011 et. seq. allowing LDEQ
to reengineer the Department to perform
more efficiently and to meet its strategic
goals.
It is the intention of the State, through
this application, to demonstrate its
equivalence and consistency with the
Federal statutory tests, which are
outlined in the United States
Environmental Protection Agency
regulatory requirements under 40 CFR
271, Subpart A, for final authorization.
The submittal of this application is in
keeping with the spirit and intent of
RCRA, which provides equivalent States
the opportunity to apply for final
authorization to operate all aspects of
their hazardous waste management
Federal Register date and
page (and/or RCRA statutory authority)
70 FR 45508–45522 August 5, 2005.
2. Exclusion of Oil-Bearing
73 FR 57–72 January 2,
Secondary Materials Proc2008.
essed in a Gasification
System to Produce Synthesis Gas. (Checklist 216).
3. NESHAP: Final Standards 73 FR 18970–18984 April
for Hazardous Waste
8, 2008.
Combustors (Phase I Final
Replacement Standards
and Phase II) Amendments. (Checklist 217).
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programs in lieu of the Federal
government. The Louisiana
Environmental Quality Act authorizes
the State’s program, Subtitle II of Title
30 of the Louisiana Revised Statutes.
With this application Louisiana is
applying for authorization for specific
areas of the State regulations identified
as requiring authorization and the listed
Checklists are: 209, 216, 217 and 218
will allow the State to implement the
equivalent RCRA Subtitle C portion of
the program. Louisiana has
demonstrated to EPA that its program
was substantially equivalent in its
management of hazardous waste to the
Federal program developed pursuant to
RCRA.
G. What changes are we authorizing
with today’s action?
On January 29, 2010 Louisiana
submitted a final complete program
revision application, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make an immediate final decision,
subject to receipt of written comments
that oppose this action, that Louisiana’s
hazardous waste program revision
satisfies all of the requirements
necessary to qualify for Final
authorization. Therefore, we grant the
State of Louisiana Final authorization
for the following changes: The State of
Louisiana’s program revisions consist of
regulations which specifically govern
RCRA Cluster XVIII including Cluster
XVI Checklist 209 as documented in
this Federal Register:
Analogous state authority
Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of
2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental
Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 3813, 105.D.7.c 1501.C.11.c, 4301.C.13.c, 2201.I.5.c, 305.C.11.c,
3801.A, 3807.A–B, 3807.B.1–2, 3807.C.1–2, 3813, 3821.C, 3821.C.1–2,
3821.C.2, 3821.C.2.a–c, 3821.C.2.d–g, 3821.C.2.h, 3821.C.4, 3821.C.4.a–b,
3821.C.3, 3821.C.3.a–b, 3823.A.4, 3823.A.5, 3841.B.4–5, 3843.C, 3843.C.1–2,
3843.C.2.a–c, 3843.C.2.d–g, 3843.C.2.h, 3843.C.4, 3843.C.4.a–b, 3843.C.3,
3843.C.3.a–b, and 3845.A.4–5, as amended December 20, 2005, effective September 20, 2009.
Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of
2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental
Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 109, 109, see definition for Gasification, and 105.D.1.l.i, as amended December 20, 2005, effective June 20, 2009.
Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of
2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental
Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 3105.B.1 and 3001.B.3, as amended December 20, 2005, effective
June 20, 2009.
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Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and
page (and/or RCRA statutory authority)
4. F019 Exemption for
73 FR 31756–31769 June
Wastewater Treatment
4, 2008.
Sludges from Auto Manufacturing Zinc Phosphating
Processes. (Checklist 218).
H. Where are the revised State rules
different from the Federal rules?
In this authorization of the State of
Louisiana program revisions for Cluster
XVIII rules, there are no provisions that
are more stringent or broader in scope.
I. Who handles permits after the
authorization takes effect?
Louisiana will issue permits for all
the provisions for which it is authorized
and will administer the permits it
issues. The EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits which we
issued prior to the effective date of this
authorization. We will not issue any
more new permits or new portions of
permits for the provisions listed in the
Table in this document after the
effective date of this authorization. The
EPA will continue to implement and
issue permits for HSWA requirements
for which Louisiana is not yet
authorized.
J. How does today’s action affect Indian
Country 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.
K. What is codification and is the EPA
codifying Louisiana’s hazardous waste
program as authorized in this rule?
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Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart T for this
authorization of Louisiana’s program
changes until a later date. In this
authorization application the EPA is not
codifying the rules documented in this
Federal Register notice.
L. 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),
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Analogous state authority
Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of
2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental
Regulatory Code, 33 Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections Chapter 49 Table 1, 4901.B.Table.1, 4901.B.2.d and 4901.B.2.d.i–
ii, as amended December 20, 2005, effective June 20, 2009.
and therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application, to require the
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use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, 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 added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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 August 23, 2011.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
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Reporting and recordkeeping
requirements.
Authority: This action 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: June 8, 2011.
Al Armendariz,
Regional Administrator. Region 6.
[FR Doc. 2011–15876 Filed 6–23–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 595
FOR FURTHER INFORMATION CONTACT:
[Docket No. NHTSA–2011–0079]
RIN 2127–AK77
Make Inoperative Exemptions; Vehicle
Modifications To Accommodate People
With Disabilities, Side Impact
Protection
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule amends
regulations concerning vehicle
modifications which accommodate
people with disabilities to update and
expand a reference in an exemption
relating to the Federal motor vehicle
safety standard for side impact
protection. The expanded exemption
facilitates the mobility of drivers and
passengers with disabilities.
DATES: Effective Date: August 23, 2011.
As this final rule relieves the regulatory
burdens on certain entities and involves
Federal Motor Vehicle Safety Standard
(FMVSS) requirements that have
recently become effective, the agency
believes that the above effective date is
appropriate.
Petitions for Reconsideration:
Petitions for reconsideration of this final
rule must be received by the agency by
August 8, 2011.
ADDRESSES: If you wish to petition for
reconsideration of this rule, you should
refer in your petition to the docket
number of this document and submit
your petition to: Administrator,
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue, SE., West Building,
Washington, DC 20590. The petition
will be placed in the docket. Anyone is
able to search the electronic form of all
documents received into any of our
dockets by the name of the individual
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:28 Jun 23, 2011
Jkt 223001
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78).
For access to the docket to read
background documents or comments
received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket. You may also visit DOT’s
Docket Management Facility, 1200 New
Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001 for access
to the docket.
Gayle Dalrymple, NHTSA Office of
Crash Avoidance Standards, NVS–123,
telephone (202–366–5559), fax (202–
493–2739), or Jesse Chang, NHTSA
Office of Chief Counsel, NCC–112,
telephone (202–366–2992), fax (202–
366–3820). The mailing address for
these officials is: National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
This final
rule amends 49 CFR Part 595, Subpart
C, ‘‘Make Inoperative Exemptions,
Vehicle Modifications to Accommodate
People With Disabilities,’’ to update and
expand a reference in an exemption
relating to FMVSS No. 214. The notice
of proposed rulemaking (NPRM) on
which this final rule is based was
published on September 28, 2010 (75 FR
59674) (Docket No. NHTSA–2010–
0133).
SUPPLEMENTARY INFORMATION:
Regulatory Background
The National Traffic and Motor
Vehicle Safety Act (49 U.S.C. Chapter
301) (‘‘Safety Act’’) and NHTSA’s
regulations require vehicle
manufacturers to certify that their
vehicles comply with all applicable
Federal motor vehicle safety standards
(FMVSSs) (see 49 U.S.C. 30112; 49 CFR
Part 567). A vehicle manufacturer,
distributor, dealer, or repair business
generally may not knowingly make
inoperative any part of a device or
element of design installed in or on a
motor vehicle in compliance with an
applicable FMVSS (see 49 U.S.C.
30122). NHTSA has the authority to
issue regulations that exempt regulated
entities from the ‘‘make inoperative’’
provision (49 U.S.C. 30122(c)). The
agency has used that authority to
promulgate 49 CFR Part 595 Subpart C,
‘‘Make Inoperative Exemptions, Vehicle
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
37025
Modifications to Accommodate People
with Disabilities.’’
49 CFR Part 595 Subpart C sets forth
exemptions from the make inoperative
provision to permit, under limited
circumstances, vehicle modifications
that take the vehicles out of compliance
with certain FMVSSs when the vehicles
are modified to be used by persons with
disabilities after the first retail sale of
the vehicle for purposes other than
resale. The regulation was promulgated
to facilitate the modification of motor
vehicles so that persons with disabilities
can drive or ride in them. The
regulation involves information and
disclosure requirements and limits the
extent of modifications that may be
made.
Under the regulation, a motor vehicle
repair business that modifies a vehicle
to enable a person with a disability to
operate or ride as a passenger in the
motor vehicle and that avails itself of
the exemption provided by 49 CFR Part
595 Subpart C must register itself with
NHTSA. The modifier is exempted from
the make inoperative provision of the
Safety Act, but only to the extent that
the modifications affect the vehicle’s
compliance with the FMVSSs specified
in 49 CFR 595.7(c) and only to the
extent specified in 595.7(c).
Modifications that would take the
vehicle out of compliance with any
other FMVSS, or with an FMVSS listed
in 595.7(c) but in a manner not specified
in that paragraph are not exempted by
the regulation. The modifier must affix
a permanent label to the vehicle
identifying itself as the modifier and the
vehicle as no longer complying with all
FMVSS in effect at original
manufacture, and must provide and
retain a document listing the FMVSSs
with which the vehicle no longer
complies and indicating any reduction
in the load carrying capacity of the
vehicle of more than 100 kilograms (220
pounds).
2007 Amendments to FMVSS 214 and
Effects on Exemption in Part 595
Subpart C
Before today’s final rule, 49 CFR Part
595 Subpart C set forth an exemption
from ‘‘S5 of 49 CFR 571.214 [FMVSS
No. 214] for the designated seating
position modified, in any cases in
which the restraint system and/or seat at
that position must be changed to
accommodate a person with a
disability.’’ 49 CFR 595.7(c)(15).
However, the reference to S5 of FMVSS
No. 214 became outdated as a result of
a 2007 amendment to Standard 214.
Prior to 2007, S5 had referred to the
dynamic performance requirements that
vehicles must meet when subjected to a
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Rules and Regulations]
[Pages 37021-37025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15876]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2010-0307; FRL-9323-9]
Louisiana: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Louisiana has applied to the EPA for final authorization of
the changes to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Louisiana's changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will become effective on August 23,
2011 unless the EPA receives adverse written comment by July 25, 2011.
If the EPA receives such comment, it will publish a timely withdrawal
of this immediate final rule in the Federal Register and inform the
public that this authorization will not take effect.
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.
3. Mail: Alima Patterson, Region 6, Regional Authorization
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, State/Tribal
Oversight
[[Page 37022]]
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 regulations.gov, or e-mail. The Federal
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 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. You can view and
copy Louisiana's application and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following locations: Louisiana Department of Environmental Quality, 602
N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone number (225)
219-3559 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number (214) 665-8533. 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, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas Texas 75202-2733, (214) 665-8533) and E-mail address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
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 program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur.
Most commonly, States must change their programs because of changes
to the EPA's regulations in 40 Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
B. What decisions have we made in this rule?
We conclude that Louisiana's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Louisiana final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Louisiana has responsibility for
permitting treatment, storage, and disposal facilities within its
borders (except in Indian Country) and for carrying out the aspects of
the RCRA program described in its revised program application, subject
to the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that the 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 today's 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 after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which Louisiana is
being authorized by today's action are already effective under State
law, and are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
The EPA did not publish a proposal before today's 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
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a 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. You may not have another
opportunity to comment. 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 will 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 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
February 7, 1985, (50 FR 3348), to implement its base Hazardous Waste
Management Program. We granted authorization for changes to their
program on November 28, 1989 (54 FR 48889) effective January 29, 1990;
August 26, 1991 (56 FR 41958) effective August 26, 1991; November 7,
1994 (59 FR 55368) effective January 23, 1995; December 23, 1994 (59 FR
66200) effective March 8, 1995; there were technical corrections made
on January 23, 1995 (60 FR 4380), effective January 23, 1995; and
another technical correction was made on April 11, 1995 (60 FR 18360)
effective April 11, 1995; October 17, 1995 (60 FR 53704) effective
January 2, 1996; March 28, 1996 (61 FR
[[Page 37023]]
13777) effective June 11, 1996; December 29, 1997 (62 FR 67572)
effective March 16, 1998; October 23, 1998 (63 FR 56830) effective
December 22, 1998; August 25, 1999 (64 FR 46302) effective October 25,
1999; September 2, 1999 (64 FR 48099) effective November 1, 1999;
February 28, 2000 (65 FR 10411) effective April 28, 2000; January 2,
2001 (66 FR 23) effective March 5, 2001; December 9, 2003 (68 FR 68526)
effective February 9, 2004, June 10, 2005 (70 FR 33852) effective
August 9, 2005; November 13, 2006 (71 FR 66116) effective January 12,
2007, August 16, 2007 (72 FR 45905) effective October 15, 2007 and May
20, 2009 (74 FR 23645) effective July 20, 2009. On January 29, 2010,
Louisiana applied for approval of its program revisions for RCRA
Cluster XVIII including Checklist 209 (Universal Waste Rule: Specific
Provisions for Mercury-Containing Equipment).
In this application, Louisiana is seeking approval for RCRA
Checklists 209 and 216 through 218 in accordance with 40 CFR
271.21(b)(3).
Since 1979 through the Environmental Affairs Act, Act 449 enabled
the Office of Environmental Affairs within the Louisiana Department of
Natural Resources, as well as, the Environmental Control Commission to
conduct an effective program designed to regulate those who generate,
transport, treat, store, dispose or recycle hazardous waste. During the
1983 Regular Session of the Louisiana Legislature, Act 97 was adopted,
which amended and reenacted La. R. S. 30:1051 et seq. as the
Environmental Quality Act, renaming the Environmental Affairs Act (Act
1938 of 1979). This Act created Louisiana Department of Environmental
Quality (LDEQ), including provisions for new offices within this new
Department of Environmental Quality. Act 97 also transferred the duties
and responsibilities previously delegated to the Department of Natural
Resources, Office of Environmental Affairs, to the new Department. The
LDEQ has lead agency jurisdictional authority for administering the
Resource Recovery and Conservation Act (RCRA) Subtitle C program in
Louisiana. Also, the LDEQ is designated to facilitate communication
between the EPA and the State. During the 1999 Regular Session of
Louisiana Legislature, Act 303 revised the La.R.S.30:2011 et. seq.
allowing LDEQ to reengineer the Department to perform more efficiently
and to meet its strategic goals.
It is the intention of the State, through this application, to
demonstrate its equivalence and consistency with the Federal statutory
tests, which are outlined in the United States Environmental Protection
Agency regulatory requirements under 40 CFR 271, Subpart A, for final
authorization. The submittal of this application is in keeping with the
spirit and intent of RCRA, which provides equivalent States the
opportunity to apply for final authorization to operate all aspects of
their hazardous waste management programs in lieu of the Federal
government. The Louisiana Environmental Quality Act authorizes the
State's program, Subtitle II of Title 30 of the Louisiana Revised
Statutes. With this application Louisiana is applying for authorization
for specific areas of the State regulations identified as requiring
authorization and the listed Checklists are: 209, 216, 217 and 218 will
allow the State to implement the equivalent RCRA Subtitle C portion of
the program. Louisiana has demonstrated to EPA that its program was
substantially equivalent in its management of hazardous waste to the
Federal program developed pursuant to RCRA.
G. What changes are we authorizing with today's action?
On January 29, 2010 Louisiana submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
Louisiana's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant the State of Louisiana Final authorization for the following
changes: The State of Louisiana's program revisions consist of
regulations which specifically govern RCRA Cluster XVIII including
Cluster XVI Checklist 209 as documented in this Federal Register:
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and
(include checklist , if page (and/or RCRA Analogous state authority
relevant) statutory authority)
----------------------------------------------------------------------------------------------------------------
1. Universal Waste Rule: Specific 70 FR 45508-45522 August Louisiana Revised Statutes (LRS) 30: Section
Provisions for Mercury Containing 5, 2005. 2001 et seq., with specific cites of 2174,
Equipment. (Checklist 209). 2175, and 2180 effective December 31, 2004;
Louisiana Environmental Regulatory Code, 33
Part V. Subpart 1 Hazardous Waste and
Hazardous Materials Sections 3813, 105.D.7.c
1501.C.11.c, 4301.C.13.c, 2201.I.5.c,
305.C.11.c, 3801.A, 3807.A-B, 3807.B.1-2,
3807.C.1-2, 3813, 3821.C, 3821.C.1-2,
3821.C.2, 3821.C.2.a-c, 3821.C.2.d-g,
3821.C.2.h, 3821.C.4, 3821.C.4.a-b,
3821.C.3, 3821.C.3.a-b, 3823.A.4, 3823.A.5,
3841.B.4-5, 3843.C, 3843.C.1-2, 3843.C.2.a-
c, 3843.C.2.d-g, 3843.C.2.h, 3843.C.4,
3843.C.4.a-b, 3843.C.3, 3843.C.3.a-b, and
3845.A.4-5, as amended December 20, 2005,
effective September 20, 2009.
2. Exclusion of Oil-Bearing Secondary 73 FR 57-72 January 2, Louisiana Revised Statutes (LRS) 30: Section
Materials Processed in a Gasification 2008. 2001 et seq., with specific cites of 2174,
System to Produce Synthesis Gas. 2175, and 2180 effective December 31, 2004;
(Checklist 216). Louisiana Environmental Regulatory Code, 33
Part V. Subpart 1 Hazardous Waste and
Hazardous Materials Sections 109, 109, see
definition for Gasification, and
105.D.1.l.i, as amended December 20, 2005,
effective June 20, 2009.
3. NESHAP: Final Standards for 73 FR 18970-18984 April Louisiana Revised Statutes (LRS) 30: Section
Hazardous Waste Combustors (Phase I 8, 2008. 2001 et seq., with specific cites of 2174,
Final Replacement Standards and Phase 2175, and 2180 effective December 31, 2004;
II) Amendments. (Checklist 217). Louisiana Environmental Regulatory Code, 33
Part V. Subpart 1 Hazardous Waste and
Hazardous Materials Sections 3105.B.1 and
3001.B.3, as amended December 20, 2005,
effective June 20, 2009.
[[Page 37024]]
4. F019 Exemption for Wastewater 73 FR 31756-31769 June 4, Louisiana Revised Statutes (LRS) 30: Section
Treatment Sludges from Auto 2008. 2001 et seq., with specific cites of 2174,
Manufacturing Zinc Phosphating 2175, and 2180 effective December 31, 2004;
Processes. (Checklist 218). Louisiana Environmental Regulatory Code, 33
Part V. Subpart 1 Hazardous Waste and
Hazardous Materials Sections Chapter 49
Table 1, 4901.B.Table.1, 4901.B.2.d and
4901.B.2.d.i-ii, as amended December 20,
2005, effective June 20, 2009.
----------------------------------------------------------------------------------------------------------------
H. Where are the revised State rules different from the Federal rules?
In this authorization of the State of Louisiana program revisions
for Cluster XVIII rules, there are no provisions that are more
stringent or broader in scope.
I. Who handles permits after the authorization takes effect?
Louisiana will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which
Louisiana is not yet authorized.
J. How does today's action affect Indian Country 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.
K. What is codification and is the EPA codifying Louisiana's hazardous
waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart T for this authorization of Louisiana's program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. 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
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, 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 added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 August 23, 2011.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
[[Page 37025]]
Reporting and recordkeeping requirements.
Authority: This action 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: June 8, 2011.
Al Armendariz,
Regional Administrator. Region 6.
[FR Doc. 2011-15876 Filed 6-23-11; 8:45 am]
BILLING CODE 6560-50-P
