Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program, 58890-58897 [2013-22972]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Rules and Regulations]
[Pages 58890-58897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2013-0027; FRL-9819-8]


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.

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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 the June 28, 2012 
Federal Register authorization document 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 November 25, 2013, unless the EPA 
receives adverse written comment on the codification of the Louisiana 
authorized program by the close of business October 25, 2013. 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 incorporation by reference of 
authorized provisions in the Louisiana statutes and regulations 
contained in this rule is approved by the Director of the Federal 
Register as of November 25, 2013 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. Email: 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: Do not submit information that you consider to be CBI 
or otherwise protected through regulations.gov, or email. 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 email 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. (For additional 
information about the EPA's public docket, visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4:00 p.m. Monday through Friday at the following location: EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number 
(214) 665-8533 or (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, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, Phone numbers: (214) 665-8533 or (214) 665-8178, and Email 
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 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

[[Page 58891]]

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

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 68526), August 9, 2005 (70 FR 33852), January 12, 2007 (71 FR 
66118), October 15, 2007 (72 FR 45905), July 20, 2009 (74 FR 23645), 
October 4, 2010 (75 FR 47223), August 23, 2011 (76 FR 37021), August 
27, 2012 (77 FR 38530); and September 11, 2012 (77 FR 41292).
    While EPA is not authorizing any new Louisiana statutory 
provisions, be advised that the State of Louisiana has revised some of 
the statutory provisions which provide the legal basis for the State's 
implementation of the hazardous waste management program in Louisiana. 
On June 17, 2010, the provision at subparagraph C(1)(b) of section 
30:2011 of the Louisiana Revised Statutes which addressed the authority 
of the Office of Environmental Assessment was moved to 30:2011.D(26) as 
part of the authority of the Secretary of the Department of 
Environmental Quality to provide for the functions of environmental air 
quality assessment, water quality assessment, remediation services, and 
laboratory services.

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, 2010. The Louisiana provisions are from the Louisiana 
Administrative Code (LAC), Title 33, Part V dated September 2011 
(except as noted below).

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          State requirement                                  Analogous Federal requirement
----------------------------------------------------------------------------------------------------------------
LAC 33: Part I, Chapter 19, Sections  No direct Federal analog.
 1905.C and 1909.E (11/20/10).
105.A.1.............................  RCRA 3010(a) related.
105.A.2.............................  RCRA 3010(a) related.
108.G.4.............................  40 CFR 261.5(g) related.
109. Solid Waste.5.b.iii-.iv........  261.2(e)(2)(iii)-(iv).
3099, Appendix A....................  40 CFR Part 266, Appendix I/Table I-A--Table I-E.
3099, Appendices B-I................  40 CFR Part 266, Appendices II-IX.
3099, Appendices J-L................  40 CFR Part 266, Appendices XI-XIII.

[[Page 58892]]

 
3705.D..............................  40 CFR 264.142(d).
4143.B.2-.4, except the word ``and''  40 CFR 266.70(b)(2).
 at the end of 4143.B.4.
LAC 33, Part VII, Sections 301.A.2.a  40 CFR 261.5(f)(3)(iv)-(v) and 261.5(g)(3)(iv)-(v).
 (June, 2011); 315.J (June, 2011);
 and 521.H (Repealed) (November
 2011).
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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 the June 28, 2012 
Louisiana authorization Federal Register document. The corrections 
being made address corrections to the list of citations for checklist 
entries that was included in the published Federal Register document 
and are presented in order of the checklist number, followed by a brief 
description of the correction being made.

A. Corrections to the 6/28/12 Federal Register (77 FR 38530; Effective 
8/27/12)

    1. For Checklist 223, the following corrections should be made:
    a. The citation ``109, table 1'' is corrected to read ``109 Solid 
waste, table 1''.
    b. The citation ``2299. Appendix 7'' is corrected to read ``2299. 
Appendix Table 7''.

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 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 management program effective March 16, 1998 (62 FR 
67578), October 4, 2010 (75 FR 47223), and September 11, 2012 (77 FR 
41292).
    In this document, the EPA is revising Subpart T of 40 CFR part 272 
to include the authorization revision actions effective August 27, 2012 
(77 FR 38530).

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 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 management 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) 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

[[Page 58893]]

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; Post-Closure Permits 
requirements); and April 12, 1996 (61 FR 16290). 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, September 2012. 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 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 (Public Law 
104-4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing authorized State hazardous waste management program 
requirements without altering the relationship or the distribution of 
power and responsibilities established by RCRA. This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of 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

[[Page 58894]]

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 November 25, 2013.

List of Subjects

40 CFR Part 271

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

40 CFR Part 272

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

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

    Dated: May 2, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.

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

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

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

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

0
2. Revise Sec.  272.951 to read as follows:


Sec.  272.951  Louisiana State-Administered Program: Final 
Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted Louisiana final authorization for the following elements as 
submitted to EPA in Louisiana's base program application for final 
authorization which was approved by EPA effective on February 7, 1985. 
Subsequent program revision applications were approved effective on 
January 29, 1990, October 25, 1991 as corrected October 15, 1991; 
January 23, 1995 as corrected April 11, 1995; March 8, 1995; January 2, 
1996; June 11, 1996, March 16, 1998, December 22, 1998, October 25, 
1999, November 1, 1999, April 28, 2000, March 5, 2001, February 9, 
2004, August 9, 2005, January 12, 2007, October 15, 2007, July 20, 
2009, October 4, 2010, August 23, 2011, August 27, 2012, September 11, 
2012 and November 25, 2013.
    (b) The State of Louisiana has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and Regulations. (1) The Louisiana statutes and 
regulations cited in paragraph (c)(1)(i) of this section are 
incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Louisiana regulations that are incorporated by reference 
in this paragraph from the Office of the State Register, P.O. Box 
94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; Web 
site: https://doa.louisiana.gov/osr/lac/lac.htm. The statutes are 
available from West Publishing Company, 610 Opperman Drive, P.O. Box 
64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-328-4880; Web site: 
https://west.thomson.com. You may inspect a copy at EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202 (Phone number (214) 665-8533), or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Louisiana Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated September 2012.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the 
State's implementation of the hazardous waste management program, but 
they are not being incorporated by reference and do not replace Federal 
authorities:
    (i) Louisiana Statutes Annotated, Revised Statutes, 2000 Main 
Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 
30, Louisiana Environmental Quality Act, 2000: Chapter 1, Section 2002; 
Chapter 2, Sections 2013, 2014.2, 2020, 2021, 2022.1(B), 2024, 2026 
through 2029, 2033.A-D; Chapter 2-A, Section 2050.8; Chapter 9, 
Sections 2172, 2174, 2175, 2181, 2183.1.B, 2183.2, 2184.B, 2187, 2188.A 
and C, 2189.A and B, 2190.A-D, 2191.A-C, 2192, 2193, 2196, 2199, 2200, 
2203.B and C, 2204.A(2), A(3) and B; Chapter 13, Sections 2294(6), 
2295.C; Chapter 16, Section 2369.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 2012 
(effective August 15, 2011) Cumulative Annual Pocket Part, Volume 17B, 
Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 
2, 2011.A(1), 2011.B and C (except 2011.C(1)(b)), 2011.D (except 
2011.D(4), (10)-(12), (16), (19), (20), (23) and (25)), 2011.E-G, 2012, 
2014.A (except 2014.A.3), 2017, 2019.A-C, 2022.A (except the first 
sentence of 2022.A(1)), 2022.B and C, 2023 (except 2023.A(2) and phrase 
``Except as otherwise provided in this Subsection,'' in 2023.A(1)), 
2025 (except 2025.D, .F(3), .H and .K); Chapter 3, Sections 2054.B(1), 
2054.B(2)(a); Chapter 9, Sections 2180.A-C, 2183.C, and .F-.H, 2186.A-
C; Chapter 18, Section 2417.A.
    (iii) Louisiana Administrative Code, Title 33, Part I, Office of 
The Secretary

[[Page 58895]]

Part I, Subpart 1: Departmental Administrative Procedures: Chapter 5, 
Sections 501.A, effective October 20, 2007, 501.B, effective October 
20, 2005, 502, effective September 20, 2008, and 503 through 511, 
effective October 20, 2005; Chapter 7, Section 705, effective October 
20, 2006; Chapter 19, Sections 1901 through 1909, effective November 
20, 2010; Chapter 23, Sections 2303 through 2309, effective October 20, 
2009.
    (iv) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste and Hazardous Materials, Louisiana Hazardous Waste Regulations, 
dated September 2011, unless otherwise specified: Chapter 1, Sections 
101, 107.A.-C; Chapter 3, Sections 301, 311.A, 311.C, 315 introductory 
paragraph, 323.B.3; 323.B.4.d and e; Chapter 5, Section, 503; Chapter 
7, Sections 703, 705, 707, 709 through 721; and Chapter 22, Sections 
2201.A, 2201.E, 2201.F.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Louisiana Statutes Annotated, Revised Statutes, 2000 Main 
Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 
30, Louisiana Environmental Quality Act, 2000: Chapter 9, Sections 2178 
and 2197.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 2012 
(effective August 15, 2011) Cumulative Annual Pocket Part, Volume 17B, 
Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 
2, Sections 2014.B and D.
    (iii) Louisiana Administrative Code, Title 33, Part I, Office of 
The Secretary Part I, Subpart 1: Departmental Administrative 
Procedures: Chapter 19, Section 1911, effective November 20, 2010.
    (iv) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste And Hazardous Materials, Louisiana Hazardous Waste Regulations, 
dated September 2011, unless otherwise specified: Chapter 1, Section, 
108.G.5; Chapter 3, Section 327; Chapter 11, Sections 1101.G and 
1109.E.7.f ; Chapter 13, Section 1313; Chapter 51.
    (4) Unauthorized State Amendments. (i) Louisiana has adopted but is 
not authorized to implement the HSWA rules that are listed in the Table 
in lieu of the EPA. The EPA will enforce the Federal HSWA standards for 
which Louisiana is not authorized until the State receives specific 
authorization from EPA.

----------------------------------------------------------------------------------------------------------------
           Federal requirement                Federal Register reference               Publication date
----------------------------------------------------------------------------------------------------------------
Exports of Hazardous Waste (HSWA).......  51 FR 28664.......................  August 8, 1986.
HSWA Codification Rule 2: Post-Closure    52 FR 45788.......................  December 1, 1987.
 Permits (HSWA).
Imports and Exports of Hazardous Waste:   61 FR 16290.......................  April 12, 1996.
 Implementation of OECD Council Decision
 (HSWA).
----------------------------------------------------------------------------------------------------------------

    (ii) The following authorized provisions of the Louisiana 
regulations include amendments published in the Louisiana Register that 
are not approved by EPA. Such unauthorized amendments are not part of 
the State's authorized program and are, therefore, not Federally 
enforceable. Thus, notwithstanding the language in the Louisiana 
hazardous waste regulations incorporated by reference at paragraph 
(c)(1)(i) of this section, EPA will enforce the State provisions that 
are actually authorized by EPA. The effective dates of the State's 
authorized provisions are listed in the following Table.

------------------------------------------------------------------------
                                                  Effective date of
              State provision                   authorized  provision
------------------------------------------------------------------------
LAC 1111.B.1.c                              March 20, 1984.
LAC 1113                                    March 20, 1984.
LAC 4407.A.12                               March 20, 1984.
------------------------------------------------------------------------


The actual State regulatory text authorized by EPA (i.e., without the 
unauthorized amendments) is available as a separate document, Addendum 
to the EPA-Approved Louisiana Regulatory and Statutory Requirements 
Applicable to the Hazardous Waste Management Program, August, 2012. 
Copies of the document can be obtained from U.S. EPA Region 6, 1445 
Ross Avenue, Dallas, TX 75202 also Louisiana Department of 
Environmental Quality, 602 N. Fifth Street, Baton Rouge, Louisiana 
70884-2178.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of Louisiana, signed by the EPA Regional 
Administrator on June 15, 2012 is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Louisiana 
on December, 13, 1996 and revisions, supplements and addenda to that 
Statement dated January 13, 1998, January 13, 1999, January 27, 1999, 
August 19, 1999, August 29, 2000, October 17, 2001, February 25, 2003, 
October 20, 2004, December 19, 2005, September 5, 2006, October 9, 
2008, January 14, 2010, and April 18, 2012 are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    3. Appendix A to part 272 is amended by revising the listing for 
``Louisiana'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Louisiana

    The statutory provisions include:
    Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume 
(effective August 15, 1999), Volume 17B, Subtitle II of Title 30, 
Louisiana Environmental Quality Act, 2000: Chapter 2, Section 
2022.1(A); Chapter 8, Section 2153(1); Chapter 9, Sections 2173 
(except 2173(9)), 2183.1.A, 2184.A, 2188.B, 2189.C, 2202, 2203.A, 
2204.A(1) and C; Chapter 13, Sections 2295.A and B.
    Louisiana Statutes Annotated, Revised Statutes, 2012 (effective 
August 15, 2011) Cumulative Annual Pocket Part, Volume 17B, Subtitle 
II of Title 30, Louisiana Environmental Quality Act: Chapter 1, 
Sections 2003, 2004 introductory paragraph, 2004(2)-(4), 2004(7)-
(10), 2004(13), 2004(14) (except 2004(14)(b)-(d)), 2004(15), 
2004(18); Chapter 2, Section 2022.A(1), first sentence; Chapter 9, 
Sections 2183.A, B, D, E, and I; Chapter 18, Section 2417.E(5).
    Copies of the Louisiana statutes that are incorporated by 
reference are available from West Publishing Company, 610 Opperman 
Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-
328-4880; Web site: https://west.thomson.com.
    The regulatory provisions include:
    Louisiana Administrative Code, Title 33, Part V, Hazardous Waste 
and Hazardous Materials, Louisiana Hazardous Waste Regulations, Part 
V, Subpart 1: Department of Environmental Quality--Hazardous Waste, 
dated September 2011, amended March 20, 2012 (Louisiana Registers: 
LR 38:774, LR 38:781, and LR 38:790). Please note that for

[[Page 58896]]

some provisions, the authorized version is found in either the LAC, 
Title 33, Part V, dated December 31, 2009 or June 1995.
    Chapter 1--General Provisions And Definitions, Sections 103; 105 
(except 105.D.1.q and 105.P); 105.D.1.q (LR 38:790, March 20, 2012); 
108 (except 108.E.1 and E.2, 108.G. introductory paragraph, 108.G.2, 
and 108.G.5); 108.E.1 and .E.2, 108.G introductory paragraph, and 
108.G.2 (LR 38:774; March 20, 2012); 109 (except ``Batch tank'', 
``Competent Authorities'', ``Concerned Countries'', ``Consignee'' 
(both definitions), ``Continuous flow tank'', ``Country of 
Transit'', ``Empty Container.1.a introductory paragraph, .1.b 
introductory paragraph, .2.a introductory paragraph, and .2.c 
introductory paragraph'', ``EPA Acknowledgement of Consent'', 
``Exporting Country'', ``Importing Country'', ``New Hazardous Waste 
Management Facility or New Facility'', ``Notifier'', ``Organization 
for Economic Cooperation and Development (OECD) Area'', ``Primary 
Exporter'', ``Receiving Country'', ``Recognized Trader'', ``Recovery 
Facility'', ``Recovery Operations'', ``Solid Waste. Table 1 entry 
for ``Scrap metal other than excluded scrap metal (see excluded 
scrap metal)'', ``Transfrontier Movement'', ``Transit Country''); 
109.Empty Container.1.a introductory paragraph, .1.b introductory 
paragraph, .2.a introductory paragraph, and .2.c introductory 
paragraph (LR 38:774; March 20, 2012); 109.New Hazardous Waste 
Management Facility or New Facility (LR 38:774; March 20, 2012); 
109.Solid Waste. Table 1 entry for ``Scrap metal that is not 
excluded under LAC 33:V.105.D.1.m'' (LR 38:774; March 20, 2012); 110 
(except 110.G.1 and reserved provisions); 111;
    Chapter 3--General Conditions for Treatment, Storage, and 
Disposal Facility Permits, Sections 303; 305 (except 305.F and .G); 
307 (except 307.B and .C); 307.B--.D (LR 38:774; March 20, 2012); 
309; 311 (except 311.A and .C); 313; 315.A-.D; 317; 319; 321.A 
(except the phrase ``in accordance with LAC 33.I.Chapter 15''); 
321.B and .C; 322 (except 322.D.1.g); 323 (except 323.B.3, .B.4.d 
and .e); 325; 329;
    Chapter 5--Permit Application Contents, Sections 501; 505 
through 516; 517 (except the following phrases in 517.V: ``or 2271, 
or a determination made under LAC 33:V.2273,'' and, ``or a 
determination''); 519 through 528; 529 (except 529.E); 530 through 
536; 537 (except 537.B.2.f and .B.2.l); 540 through 699;
    Chapter 7--Administrative Procedures for Treatment, Storage, and 
Disposal Facility Permits, Sections 701; 706; 708;
    Chapter 11--Generators, Sections 1101 (except 1101.B and .G); 
1103; 1105; 1107 (except reserved provision); 1107.D.7 (LR 38:774; 
March 20, 2012); 1109 (except 1109.E.1.a.ii, .E.1.e, .E.2, .E.4, 
.E.5, .E.7.c, .E.7.f, and reserved provision); 1109.E.1.a.ii 
(December 31, 2009); 1109.E.1.e, .E.2, .E.4, .E.5, and .E.7.c (LR 
38:774; March 20, 2012); 1111.A; 1111.B.1 introductory paragraph 
(except the phrase ``to a treatment, storage, or disposal facility 
within the United States''); 1111.B.1.a.-.c; 1111.B.1.d (except the 
phrase ``within the United States''); 1111.B.1.e (except the phrase 
``within the United States''); 1111.B.1.f-.h; 1111.B.2 (except the 
phrase ``for a period of at least three years from the date of the 
report'' and the third and fourth sentences); 1111.C (except 
1111.C.1 and .C.2 introductory paragraph); 1111.C.1, .C.2 
introductory paragraph, and .C.4 (LR 38:774; March 20, 2012); 
1111.D-.E; 1113; 1121; 1199 Appendix A;
    Chapter 13--Transporters, Sections 1301 (except 1301.F); 1303; 
1305; 1307.A introductory paragraph (except the third sentence); 
1307.B; 1307.C (except the last sentence); 1307.D; 1307.E (except 
the phrase ``and, for exports, an EPA Acknowledgment of Consent'' at 
.E.2); 1307.F (except the phrase ``and, for exports, an EPA 
Acknowledgment of Consent'' at 1307.F.2); 1307.G (except 1307.G.4); 
1307.H; 1309; 1311; 1315 through 1323;
    Chapter 15--Treatment, Storage, and Disposal Facilities, 
Sections 1501 (except reserved provision); 1503 through 1511; 1513 
(except 1513.B.2); 1513.B.2 (LR 38:774; March 20, 2012); 1515; 
1516.A; 1516.B (except 1516.B.4 and .B.5 introductory paragraph); 
1516.B.5 introductory paragraph (LR 38:781; March 20, 2012); 1516.C 
(except 1516.C.5.a.vi, .C.6.a.i, and .C.6.b); 1516.C.5.a.vi, 
.C.6.a.i, and .C.6.b-.c (LR 38:774; March 20, 2012); 1517 through 
1529; 1531 (except 1531.B); 1533; 1535;
    Chapter 17--Air Emission Standards, Sections 1701 through 1799; 
Appendix Table 1;
    Chapter 18--Containment Buildings, Sections 1801; 1802; 1803 
(except 1803.B.2);
    Chapter 19--Tanks, Sections 1901 (December 31, 2009); 1903; 
1905; 1907.A-.D; 1907.E (December 31, 2009); 1907.F-.I; 1909.A-.C; 
1911 through 1921;
    Chapter 20--Integration With Maximum Achievable Control 
Technology (MACT), Section 2001;
    Chapter 21--Containers, Sections 2101 through 2119;
    Chapter 22--Prohibitions On Land Disposal, Sections 2201.B-.D; 
2201.G (except 2201.G.3); 2201.H; 2201.I; 2203.A (except ``Cone of 
Influence'', ``Confining Zone'', ``Formation'', ``Injection 
Interval'', ``Injection Zone'', ``Mechanical Integrity'', 
``Transmissive Fault or Fracture'', ``Treatment'', ``Underground 
Source of Drinking Water''); 2203.B; 2205 (except the phrase ``or a 
determination under LAC 33:V.2273,'' in 2205.D); 2207; 2208; 2209 
(except the phrase ``or a determination under LAC 33:V.2273,'' in 
2209.D.1); 2211; 2213; 2215; 2216 (except the phrase ``or 2271'' in 
2216.E.2); 2218 (except the phrase ``or 2271'' in 2218.B.2); 2219; 
2221.D-.F; 2223; 2227 (except 2227.B), 2230, 2231.G-.M, 2233, 2236, 
2237, 2245.A--I.; 2246; 2247 (except 2247.G and .H); 2299 Appendix 
(except 2299 Table 2 entries K156, K157, and K158, and Tables 4 and 
12); 2299 Appendix Table 2 entries K156, K157, and K158 (LR 38:774; 
March 20, 2012);
    Chapter 23--Waste Piles, Sections 2301 through 2313; 2315 
(except the word ``either'' at the end of the introductory 
paragraph; the word ``or'' at the end of 2315.B.1; and 2315.B.2); 
2317;
    Chapter 24--Hazardous Waste Munitions And Explosives Storage, 
Sections 2401 through 2405;
    Chapter 25--Landfills, Sections 2501 through 2517; 2519 (except 
2519.A.2); 2519.A.2 (LR 38:774; March 20, 2012); 2521; 2523;
    Chapter 26--Corrective Action Management Units And Temporary 
Units, Sections 2601; 2602; 2603 (except 2603.A.3.b, 2603.A.3.d, and 
2603.E.4.d.vi); 2603.A.3.b, 2603.A.3.d, and 2603.E.4.d.vi (LR 
38:774; March 20, 2012); 2604 through 2607;
    Chapter 27--Land Treatment, Sections 2701 through 2723;
    Chapter 28--Drip Pads, Sections 2801 through 2807; 2809 (except 
the word ``either'' at the end of 2809.B introductory paragraph; the 
word ``or'' at the end of 2809.B.1; and 2809.B.2);
    Chapter 29--Surface Impoundments, Sections 2901 through 2909; 
2911 (except the word ``either'' at end of 2911.B introductory 
paragraph and 2911.B.1); 2913 through 2919;
    Chapter 30--Hazardous Waste Burned In Boilers And Industrial 
Furnaces, Sections 3001 through 3007; 3009 (except reserved 
provision); 3011 through 3025; 3099 Appendices A through L;
    Chapter 31--Incinerators, Sections 3101 through 3121;
    Chapter 32--Miscellaneous Units, Sections 3201; 3203; 3205; 3207 
(except 3207.C.2);
    Chapter 33--Groundwater Protection, Sections 3301 through 3321; 
3322 (except 3322.D); 3323; 3325;
    Chapter 35--Closure and Post-Closure, Sections 3501 through 
3505; 3507 (except 3507.B); 3509 through 3519; 3521 (except 
3521.A.3); 3523 through 3527;
    Chapter 37--Financial Requirements, Sections 3701 through 3719;
    Chapter 38--Universal Wastes, Sections 3801 through 3811; 3813 
(except ``Mercury-containing Lamp''); 3815 through 3833; 3835 
(except the phrase ``, other than to those OECD countries . . . 
requirements of LAC 33:V.Chapter 11.Subchapter B),'' at 3835.A 
introductory paragraph); 3837 through 3855; 3857 (except the phrase 
``, other than to those OECD countries . . . requirements of LAC 
33:V.Chapter 11.Subchapter B),'' at 3857.A introductory paragraph); 
3859 through 3869; 3871.A introductory paragraph (except the phrase 
``other than to those OECD countries . . . requirements of LAC 
33:V.Chapter 11.Subchapter B).''); 3871.A.1-.2; 3873 through 3877; 
3879 (except 3879.B); 3881; 3883;
    Chapter 40--Used Oil, Sections 4001 through 4093;
    Chapter 41--Recyclable Materials, Sections 4101; 4105 (except 
4105.A.1 introductory paragraph, .A.1.a.i and ii, .A.2 introductory 
paragraph, .A.2.b, and .A.4); 4105.A.1 introductory paragraph, .A.2 
introductory paragraph, and .A.2.b (LR 38:774; March 20, 2012); 
4139; 4141; 4143 (except the word ``and'' at the end of 4143.B.4 and 
4143.B.5); 4145; and 4145 Table entries 6 and 7 (LR 38:781; March 
20, 2012);
    Chapter 42--Conditional Exemption for Low-Level Mixed Waste 
Storage and Disposal, Sections 4201 through 4243;
    Chapter 43--Interim Status, Sections 4301.A; 4301.B (June 1995); 
4301.B; 4301.C (June 1995); 4301.C -.I; 4302 through 4371; 4373 
(except the last two sentences ``The administrative authority . . . 
as demonstrated in accordance with LAC 33:I.Chapter 13.'' in 
4373.K.1); 4375; 4377;

[[Page 58897]]

4379 (except 4379.B); 4381 through 4387; 4389 (except 4389.C); 4391 
through 4397; 4399 (except 4399.A.6.i); 4401 through 4413; 4417 
through 4435; 4437 (except 4437.E.1, 4437.E.2, and 4437.J); 4437.E.1 
and .E.2 (December 31, 2009); 4438 through 4456; 4457.A (except 
4457.A.2); 4457.B (except the phrase: ``If the owner or operator . . 
. he must'' in the introductory paragraph); 4457.C; 4459 through 
4474; 4475 (except the word ``either'' at the end of 4475.B 
introductory paragraph; the word ``or'' at the end of 4475.B.1; and 
4475.B.2); 4476 through 4499; 4501 (except 4501.D.3); 4502 through 
4509; 4511 (except 4511.A.2); 4511.A.2 (LR 38:774; March 20, 2012); 
4512 through 4703; 4705 (except the word ``either'' at the end of 
4705.B introductory paragraph; the word ``or'' at the end of 
4705.B.1; and 4705.B.2); 4707 through 4739;
    Chapter 49--Lists Of Hazardous Wastes, Sections 4901 (except 
4901.A.1 and .A.2, 4901.F Table 4 entry U239 Benzene [numerical 
order listing], and 4901.G Table 6 entries K062, K069, K088, K093); 
4901.A.1 and .A.2, 4901.F Table 4 entry U239 Benzene [numerical 
order listing], and 4901.G Table 6 entries K062, K069, K088, K093 
(LR 38:774; March 20, 2012); 4903 (except 4903.D.8); 4903.D.8 (LR 
38:774; March 20, 2012); 4907; 4909.A (LR 38:790; March 20, 2012); 
4909.B and .C; 4909.D.1 (except 4909.D.1.v) (LR 38:790; March 20, 
2012); 4909.D.1.b.v; 4909.D.2 introductory paragraph (LR 38:790; 
March 20, 2012); 4909.D.2.a-.d; 4909.D.3 (LR 38:790; March 20, 
2012); 4909.D.4; 4909.D.5 (except 4909.D.5.a.ii); 4909.D.5.a.ii (LR 
38:790; March 20, 2012); 4909.D.6 (LR 38:790; March 20, 2012); 
4909.D.7 (except 4909.D.7 introductory paragraph, 4909.D.7.a.i, 
4909.D.7.a.iii through .D.7.b.i, and 4909.D.7.c); 4909.D.7 
introductory paragraph, 4909.D.7.a.i, 4909.D.7.a.iii through 
.D.7.b.i, and 4909.D.7.c (LR 38:790; March 20, 2012); 4909.D.8 
introductory paragraph through .D.8.a.i (LR 38:790; March 20, 2012); 
4909.D.8.a.ii-.iv; 4909.D.8.a.iv Note through 4909.D.8.c (LR 38:790; 
March 20, 2012); 4909.D.8.d and .e; 4909.D.8.f and .g (LR 38:790; 
March 20, 2012); 4909.D.8.h (except 4909.D.8.h.ii) (LR 38:790; March 
20, 2012); 4909.D.8.h.ii; 4909.D.8.i (LR 38:790; March 20, 2012); 
4909.D.9 (LR 38:790; March 20, 2012); 4909.D.10 (except 4909.D.10 
introductory paragraph, 4909.D.10.a.ii, 4909.D.10.b-.g, 4909.D.10.h 
introductory paragraph, 4909.D.10.i introductory paragraph through 
4909.D.10.i.ii, and 4909.D.10.i.iv); 4909.D.10 introductory 
paragraph, 4909.D.10.a.ii, 4909.D.10.b-.g, 4909.D.10.h introductory 
paragraph, 4909.D.10.i introductory paragraph through 
4909.D.10.i.ii, and 4909.D.10.i.iv (LR 38:790; March 20, 2012); 
4909.D.11 through .E and Table 7 (LR 38:790; March 20, 2012); 4911 
through 4915; 4999 Appendices C through E;
    Chapter 53--Military Munitions, Sections 5301 through 5311;
    Louisiana Administrative Code, Title 33, Part VII, Solid Waste, 
as amended through June 2011; Sections 301.A.2.a and 315.J.
    Copies of the Louisiana Administrative Code as published by the 
Office of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-
9095; Phone: (225) 342-5015; Web site: https://doa.louisiana.gov/osr/lac/lac.htm.
* * * * *
[FR Doc. 2013-22972 Filed 9-24-13; 8:45 am]
BILLING CODE 6560-50-P