Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program, 72730-72737 [2016-25318]
Download as PDF
72730
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
60.532(f). Specifically, Burns asked that
the EPA reconsider the ban on pellet
fuels made from construction and
demolition waste and the ban on pellet
fuels made from ‘‘prohibited fuels’’
which includes construction or
demotion debris and allow certain wood
that has been sorted from construction
or demolition waste to be used in the
manufacture of pellet fuels for
residential wood heaters.
Burns’ reconsideration petition was
submitted under Section 307(d)(7)(B) of
the CAA, which sets forth the criteria
for reconsideration. That section states
that ‘‘(o)nly an objection to a rule or
procedure which was raised with
reasonable specificity during the period
for public comment (including any
public hearing) may be raised during
judicial review. If the person raising an
objection can demonstrate to the
Administrator that it was impractical to
raise such objection within such time or
if the grounds for such objection arose
after the period for public comment (but
within the time specified for judicial
review) and if such objection is of
central relevance to the outcome of the
rule, the Administrator shall convene a
proceeding for reconsideration of the
rule and provide the same procedural
rights as would have been afforded had
the information been available at the
time the rule was proposed.’’
The EPA has carefully considered the
petition and supporting information and
evaluated whether the petition meets
the CAA section 307(d)(7)(B) criteria for
reconsideration. The EPA has
concluded that the petition does not
meet the criteria for reconsideration.
Thus, in a letter to the petitioner, the
EPA Administrator, Gina McCarthy,
denied the Richard S. Burns &
Company, Inc.’s petition, and explained
the reasons for the denial. This letter is
available in the docket for this action.
asabaliauskas on DSK3SPTVN1PROD with RULES
IV. Conclusion
For the reasons discussed in the letter
to the petitioner, their petition to
reconsider the final Standards of
Performance for New Residential Wood
Heaters, New Residential Hydronic
Heaters and Forced-Air Furnaces is
denied.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practices and
procedures, Air pollution control,
Intergovernmental relations, Reporting
and recordkeeping requirements.
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
Dated: October 14, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016–25512 Filed 10–20–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R06–RCRA–2015–0664; FRL–9951–
21–Region 6]
Louisiana: Final Authorization of StateInitiated Changes and Incorporation by
Reference of Approved State
Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
During a review of
Louisiana’s regulations, the
Environmental Protection Agency (EPA)
identified a variety of State-initiated
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The EPA has
determined that these changes are minor
and satisfy all requirements needed to
qualify for final authorization and is
authorizing the State-initiated changes
through this direct final action.
The Solid Waste Disposal Act, as
amended, commonly referred to as the
Resource Conservation and Recovery
Act (RCRA), allows the Environmental
Protection Agency (EPA) to authorize
States to operate their hazardous waste
management programs in lieu of the
Federal program. The EPA uses the
regulations entitled ‘‘Approved State
Hazardous Waste Management
Programs’’ to provide notice of the
authorization status of State programs
and to incorporate by reference those
provisions of the State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. The
rule codifies in the regulations the prior
approval of Louisiana’s hazardous waste
management program and incorporates
by reference authorized provisions of
the State’s statutes and regulations.
The EPA is publishing this rule to
authorize the State-initiated changes
and incorporate by reference the State’s
hazardous waste program without a
prior proposal because we believe these
actions are not controversial and do not
expect comments that oppose them.
Unless we receive written comments
which oppose the authorization in this
codification document during the
comment period, the decision to
authorize Louisiana’s State-initiated
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
changes to its hazardous waste program
will take effect. If we receive comments
that oppose the authorization, 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 State-initiated changes.
DATES: This regulation will be effective
December 20, 2016, unless the EPA
receives adverse written comment by
November 21, 2016. If the EPA receives
such comment, it will publish a timely
withdrawal of this direct final rule in
the Federal Register and inform the
public that this rule will not take effect.
The Director of the Federal Register
approves this incorporation by reference
as of December 20, 2016 in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit any comments
identified by Docket ID No. EPA–R06–
RCRA–2015–0664, 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,
Permit Section (RPM), 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, Permit Section (RPM),
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
Confidential Business Information (CBI)
or otherwise protected through https://
www.regulations.gov, or email. Direct
your comments to Docket ID No. EPA–
R06–RCRA–2015–0664. The Federal
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
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 the
documents that form the basis for this
authorization and codification and
associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday
through Friday at the following location:
EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number: (214) 665–8533 or (214) 665–
8178. Interested persons wanting to
examine these documents should make
an appointment with the office at least
two weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6, Regional
Authorization Coordinator, or Julia
Banks, Codification Coordinator, Permit
Section (RPM), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733, Phone number: (214) 665–8533 or
(214) 665–8178, and Email address:
patterson.alima@epa.gov or
banks.julia@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
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
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.
72731
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 the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose the authorization of the Stateinitiated changes in this codification
document, 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
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
C. What is the effect of this
date specified above. The Federal
authorization decision?
Register withdrawal document will
specify which part of the authorization
The effect of this decision is that a
of the State program will become
facility in Louisiana subject to RCRA
effective and which part is being
will now have to comply with the
authorized State requirements instead of withdrawn.
In addition to the authorization of the
the equivalent Federal requirements in
rules described above in this document,
order to comply with RCRA. Louisiana
the purpose of this Federal Register
has enforcement responsibilities under
document is to codify Louisiana’s base
its State hazardous waste program for
violations of such program, but the EPA hazardous waste management program
and its revisions to that program. The
retains its authority under RCRA
EPA has already provided notices and
sections 3007, 3008, 3013, and 7003,
opportunity for comments on the
which include, among others, authority
Agency’s decisions to authorize the
to:
Louisiana program, and the EPA is not
• Do inspections, and require
now reopening the decisions, nor
monitoring, tests, analyses, or reports;
requesting comments, on the Louisiana
• Enforce RCRA requirements and
authorizations as published in the
suspend or revoke permits; and
• Take enforcement actions regardless Federal Register documents specified in
Section I.F of this preamble.
of whether the State has taken its own
actions.
F. For what has Louisiana previously
This action does not impose
been authorized?
additional requirements on the
The State of Louisiana initially
regulated community because the
received final authorization on January
statutes and regulations for which
24, 1985, effective February 7, 1985 (50
Louisiana is being authorized by this
FR 3348), to implement its base
direct action are already effective and
Hazardous Waste Management Program.
are not changed by this action.
We granted authorization for changes to
D. Why wasn’t there a proposed rule
their program on November 28, 1989 (54
before this rule?
FR 48889) effective January 29, 1990;
August 26, 1991 (56 FR 41958), as
The EPA did not publish a proposal
corrected October 15, 1991 (56 FR
before this rule because we view this as
51762) effective October 25, 1991;
a routine program change and do not
November 7, 1994 (59 FR 55368)
expect comments that oppose this
effective January 23, 1995 (Note: On
approval. We are providing an
opportunity for public comment now. In January 23, 1995 (60 FR 4380), the EPA
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
E:\FR\FM\21OCR1.SGM
21OCR1
72732
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
responded to adverse public comments
and affirmed the effective date for the
November 7, 1994 final rule. Then on
April 11, 1995 (60 FR 18360); the EPA
also made administrative corrections for
the January 23, 1995 Federal Register
document); December 23, 1994 (59 FR
66200) effective March 8, 1995; October
17, 1995 (60 FR 53704 and 60 FR 53707)
effective January 2, 1996; March 28,
1996 (61 FR 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; May 20, 2009 (74 FR 23645)
effective July 20, 2009; August 5, 2010
(75 FR 47223) effective October 4, 2010;
June 24, 2011 (76 FR 37021) effective
August 23, 2011; June 28, 2011 (77 FR
38530) effective August 27, 2012; July
13, 2012 (77 FR 41292) effective
September 11, 2012; and September 14,
2015 (80 FR 55032) effective November
13, 2015.
asabaliauskas on DSK3SPTVN1PROD with RULES
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 Stateinitiated 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 regulations found at 40
CFR as of July 1, 2012. The Louisiana
provisions are from the Louisiana
Administrative Code (LAC), Title 33,
Part V dated September 2014.
State requirement
Analogous federal
requirement
705.B.2 ......................
4999, Appendix E .....
40 CFR 124.15
40 CFR part 261, Appendix IX
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
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. 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 the 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), September 11,
2012 (77 FR 41292), and November 25,
2013 (78 FR 58890).
In this document, the EPA is revising
Subpart T of 40 CFR part 272 to include
the authorization revision actions
effective November 13, 2015 (80 FR
55032).
C. What codification decisions has EPA
made in this rule?
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Louisiana rules described in the
amendments to 40 CFR part 272 set
forth below. The EPA has made, and
will continue to make, these documents
available electronically through https://
www.regulations.gov and in hard copy
at the appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
The purpose of this Federal Register
document is to codify Louisiana’s base
hazardous waste management program
and its revisions to that program. This
document incorporates by reference
Louisiana’s hazardous waste statutes
and regulations and clarifies which of
these provisions are included in the
authorized and Federally enforceable
program. By codifying Louisiana’s
authorized program and by amending
the Code of Federal Regulations, the
public will be more easily able to
discern the status of Federally approved
requirements of the Louisiana
hazardous waste management program.
The EPA is incorporating by reference
the Louisiana authorized hazardous
waste 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 and regulatory provisions
which provide the legal basis for the
State’s implementation of the hazardous
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
asabaliauskas on DSK3SPTVN1PROD with RULES
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;
(4) New unauthorized State
requirements; and
(5) Federal rules for which Louisiana
is authorized but which were vacated by
the U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Cir. No. 98–
1379 and 98–1379; June 27, 2014).
State provisions that are ‘‘broader in
scope’’ than the Federal program are not
part of the RCRA authorized program
and the EPA will not enforce them.
Therefore, they are not incorporated by
reference in 40 CFR part 272. For
reference and clarity, 40 CFR
272.951(c)(3) lists the Louisiana
regulatory provisions which are
‘‘broader in scope’’ than the Federal
program and which are not part of the
authorized program being incorporated
by reference. ‘‘Broader in scope’’
provisions cannot be enforced by the
EPA; the State, however, may enforce
such provisions under State law.
Additionally, Louisiana’s hazardous
waste regulations include amendments
which have not been authorized by the
EPA. Since the EPA cannot enforce a
State’s requirements which have not
been reviewed and authorized in
accordance with RCRA section 3006 and
40 CFR part 271, it is important to be
precise in delineating the scope of a
State’s authorized hazardous waste
program. Regulatory provisions that
have not been authorized by the EPA
include amendments to previously
authorized State regulations as well as
certain Federal rules and new State
requirements.
Federal rules Louisiana has adopted
but is not authorized for include those
published in the Federal Register on
August 8, 1986 (51 FR 28664); December
1, 1987 (52 FR 45788; Post-Closure
Permits requirements); April 12, 1996
(61 FR 16290); and December 17, 2010
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
(75 FR 78915). 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, dated November 2015. 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
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
72733
prohibition supersedes any less
stringent or inconsistent State provision
which may have been previously
authorized by the EPA (50 FR 28702,
July 15, 1985). The EPA has the
authority to implement HSWA
requirements in all States, including
authorized States, until the States
become authorized for such requirement
or prohibition. Authorized States are
required to revise their programs to
adopt the HSWA requirements and
prohibitions, and then to seek
authorization for those revisions
pursuant to 40 CFR part 271.
Instead of amending the 40 CFR part
272 every time a new HSWA provision
takes effect under the authority of RCRA
section 3006(g), the EPA will wait until
the State receives authorization for its
analog to the new HSWA provision
before amending the State’s 40 CFR part
272 incorporation by reference. Until
then, persons wanting to know whether
a HSWA requirement or prohibition is
in effect should refer to 40 CFR 271.1(j),
as amended, which lists each such
provision.
Some existing State requirements may
be similar to the HSWA requirement
implemented by the EPA. However,
until the EPA authorizes those State
requirements, the EPA can only enforce
the HSWA requirements and not the
State analogs. The EPA will not codify
those State requirements until the State
receives authorization for those
requirements.
Statutory and Executive Order Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. This rule
incorporates by reference Louisiana’s
authorized hazardous waste
management regulations and imposes
no additional requirements beyond
those imposed by State law.
Accordingly, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule merely incorporates by reference
certain existing State hazardous waste
management program requirements
which the EPA already approved under
40 CFR part 271, and with which
regulated entities must already comply,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4).
This action will not have substantial
direct effects on the States, on the
E:\FR\FM\21OCR1.SGM
21OCR1
asabaliauskas on DSK3SPTVN1PROD with RULES
72734
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
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 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 action is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
The requirements being codified are
the result of Louisiana’s voluntary
participation in the EPA’s State program
authorization process under RCRA
Subtitle C. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. As required by section 3 of
Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule,
the EPA has taken the necessary steps
to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. The EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
populations and low-income
populations in the United States.
Because this rule authorizes pre-existing
State rules which are at least equivalent
to, and no less stringent than existing
federal requirements, and imposes no
additional requirements beyond those
imposed by State law, and there are no
anticipated significant adverse human
health or environmental effects, the rule
is not subject to Executive Order 12898.
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 December 20, 2016.
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
Environmental protection, 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: August 1, 2016.
Ron Curry,
Regional Administrator,
Region 6.
For the reasons set forth in the
preamble, under the authority at 42
U.S.C. 6912(a), 6926, and 6974(b), the
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.
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
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 of 1976, as amended, 42 U.S.C.
6912(a), 6926, and 6974(b).
■
2. Revise § 272.951 to read as follows:
§ 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, November 25,
2013, November 13, 2015 and December
20, 2016.
(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://
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
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 ‘‘EPAApproved Louisiana Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program,’’ dated November, 2015.
(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, 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, 2014 (effective August
1, 2013) 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, 2199; Chapter 18, Section
2417.A.
(iii) Louisiana Administrative Code,
Title 33, Part I, Office of The Secretary
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 2014, 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, 2014 (effective August
1, 2013) 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 2014, 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 Register reference
Exports of Hazardous Waste (HSWA) ....................................................
HSWA Codification Rule 2: Post-Closure Permits (HSWA) ...................
Imports and Exports of Hazardous Waste: Implementation of OECD
Council Decision (HSWA).
asabaliauskas on DSK3SPTVN1PROD with RULES
Federal requirement
51 FR 28664 ..................................
52 FR 45788 ..................................
61 FR 16290 ..................................
(ii)(A) 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
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
of the State’s authorized provisions are
listed in the following Table.
State provision
LAC 1111.B.1.c .........
LAC 1113 ..................
LAC 4407.A.12 ..........
Effective date of
authorized provision
March 20, 1984.
March 20, 1984.
March 20, 1984.
(B) 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
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
72735
Publication date
August 8, 1986.
December 1, 1987.
April 12, 1996.
to the Hazardous Waste Management
Program, dated November 2015. Copies
of the document can be obtained from
U.S. EPA Region 6, 1445 Ross Avenue,
Dallas, TX 75202 or Louisiana
Department of Environmental Quality,
602 N. Fifth Street, Baton Rouge,
Louisiana 70884–2178.
(5) Vacated Federal Rules. Louisiana
adopted and was authorized for the
following Federal rules which have
since been vacated by the U.S. Court of
Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98–1379 and 08–
1144, respectively; June 27, 2014):
E:\FR\FM\21OCR1.SGM
21OCR1
72736
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
Federal requirement
Federal Register reference
Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168—
40 CFR 261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification
System to Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable Fuel Exclusion under RCRA
(Checklist 224—amendments to 40 CFR 261.4(a)(16) and 261.38).
63 FR 33782 .......................................
June 19, 1998.
73 FR 57 .............................................
January 2, 2008.
7 FR 33712 .........................................
June 15, 2010.
(6) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 6 and the State of
Louisiana, signed by the Secretary of the
State of Louisiana Department of
Environmental Quality (LDEQ) on
October 30, 2014 and the EPA Regional
Administrator on August 21, 2015 is
referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(7) 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, April 18, 2012, and
June 11, 2014 are referenced as part of
the authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(8) Program Description. The Program
Description and any other materials
submitted as part of the original
application or as supplements thereto
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
■ 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
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
*
*
*
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, 2014 (effective August 1, 2013)
Cumulative Annual Pocket Part, Volume 17B,
Subtitle II of Title 30, Louisiana
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
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, Eagan, Minnesota 55123; 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 2014. Please note that for
some provisions, the authorized version is
found in the LAC, Title 33, Part V, dated
September 2011, December 31, 2009 or June
1995.
Chapter 1—General Provisions And
Definitions, Sections 103; 105 (except the
phrase ‘‘, gasification (as defined in LAC
33:V.109)’’ in 105.D.1.l.i, 105.D.1.q, and
105.P); 108 (except 108.G.5); 109 (except
‘‘Batch tank’’, ‘‘Competent Authorities’’,
‘‘Concerned Countries’’, ‘‘Continuous flow
tank’’, ‘‘Country of Export’’, ‘‘Country of
Import’’, ‘‘Country of Transit’’, ‘‘EPA
Acknowledgement of Consent’’, ‘‘Exporter’’,
‘‘Exporting Country’’, ‘‘Gasification’’,
‘‘Importer’’, ‘‘Importing Country’’, ‘‘OECD’’,
‘‘Organization for Economic Cooperation and
Development (OECD) Area’’, ‘‘Primary
Exporter’’, ‘‘Receiving Country’’,
‘‘Recognized Trader’’, ‘‘Recovery Facility’’,
‘‘Recovery Operations’’, ‘‘Transboundary
Movement’’, ‘‘Transit Country’’); 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; 309; 311 (except 311.A and .C); 313;
315.A–.D; 317; 319; 321.A (except the phrase
‘‘and 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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Publication date
(except reserved provision); 1109 (except
1109.E.1 introductory paragraph, .E.1.a.ii,
.E.1.a.iv, .E.1.b, .E.1.c, .E.7.f, and reserved
provision); 1109.E.1 introductory paragraph
(September 2011); 1109.E.1.a.ii (December
31, 2009); 1109.E.1.a.iv, .E.1.b, and .E.1.c
(September 2011); 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–.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 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 made under LAC
33:V.2273,’’ in 2205.D); 2207; 2208; 2209
(except the phrase ‘‘or a determination made
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,
E:\FR\FM\21OCR1.SGM
21OCR1
asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
2233, 2236, 2237, 2245.A–I.; 2246; 2247
(except 2247.G and .H); 2299 Appendix
(except Tables 4 and 12);
Chapter 23—Waste Piles, Sections 2301
through 2313; 2315 (except the word ‘‘either’’
at the end of 2315.B 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 2523;
Chapter 26—Corrective Action
Management Units And Temporary Units,
Sections 2601 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 ‘‘Mercurycontaining 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 (except
the phrase ‘‘other than to those OECD
countries . . . requirements of LAC
33:V.Chapter 11.Subchapter B)’’ at 3871.A
introductory paragraph); 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.A.1.a.i and ii, and .A.4);
4139; 4141; 4143 (except the word ‘‘and’’ at
the end of 4143.B.4; and 4143.B.5); 4145;
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
VerDate Sep<11>2014
16:30 Oct 20, 2016
Jkt 241001
demonstrated in accordance with LAC
33:I.Chapter 13.’’ in 4373.K.1); 4375; 4377;
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
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; 4903; 4907; 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. 2016–25318 Filed 10–20–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 106
[Docket No. USCG–2015–0086]
RIN 1625–AC23
72737
requirement to OMB for its review.
OMB approved this new collection of
information on September 28, 2016, and
assigned it OMB Control Number 1625–
0126.
On September 28, 2016, the
Office of Management and Budget
(OMB) approved the Coast Guard’s
collection of information request
associated with the Requirements for
Vessels with Registry Endorsements or
Foreign-Flagged Vessels that Perform
Certain Aquaculture Support Operations
final rule published on September 15,
2016 at 81 FR 63420. OMB’s approval
for this collection of information expires
on September 30, 2019.
DATES:
If
you have questions on this rule, call or
email Mr. David Belliveau, Fishing
Vessels Division (CG–CVC–3), U.S.
Coast Guard; telephone 202–372–1247,
email David.J.Belliveau@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Viewing Items Associated With This
Document
To view OMB’s approval memo or the
Requirements for Vessels with Registry
Endorsements or Foreign-Flagged
Vessels that Perform Certain
Aquaculture Support Operations final
rule, go to www.regulations.gov, type
the docket number, USCG–2015–0086,
in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Open Docket
Folder’’ in the first item listed. Use the
following link to go directly to the
docket: https://www.regulations.gov/
docket?D=USCG–2015–0086.
Background
Requirements for Vessels With
Registry Endorsements or ForeignFlagged Vessels That Perform Certain
Aquaculture Support Operations
Coast Guard, DHS.
Final rule; information
collection approval.
AGENCY:
ACTION:
The Coast Guard announces
that it has received approval from the
Office of Management and Budget
(OMB) for an information collection
request associated with the
Requirements for Vessels with Registry
Endorsements or Foreign-Flagged
Vessels that Perform Certain
Aquaculture Support Operations final
rule we published in the Federal
Register on September 15, 2016. In that
rule, we stated the final rule will impose
a new information collection
requirement and that we would submit
this new information collection
SUMMARY:
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
On September 15, 2016, the Coast
Guard published a final rule (81 FR
63420) that implemented Requirements
for Vessels with Registry Endorsements
or Foreign-Flagged Vessels that Perform
Certain Aquaculture Support
Operations. Section 46 CFR 106.115 in
that rule contains a collection-ofinformation provision that requires
approval by OMB under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3520. On September 28, 2016, OMB
approved the Coast Guard’s collection of
information request for this final rule
and assigned OMB Control Number
1625–0126 to the collection. The
approval for this collection of
information expires on September 30,
2019.
This document is issued under the
authority of 5 U.S.C. 552(a).
E:\FR\FM\21OCR1.SGM
21OCR1
Agencies
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72730-72737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25318]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R06-RCRA-2015-0664; FRL-9951-21-Region 6]
Louisiana: Final Authorization of State-Initiated Changes and
Incorporation by Reference of Approved State Hazardous Waste Management
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: During a review of Louisiana's regulations, the Environmental
Protection Agency (EPA) identified a variety of State-initiated changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The EPA has determined that these changes are
minor and satisfy all requirements needed to qualify for final
authorization and is authorizing the State-initiated changes through
this direct final action.
The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Louisiana's hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.
The EPA is publishing this rule to authorize the State-initiated
changes and incorporate by reference the State's hazardous waste
program without a prior proposal because we believe these actions are
not controversial and do not expect comments that oppose them. Unless
we receive written comments which oppose the authorization in this
codification document during the comment period, the decision to
authorize Louisiana's State-initiated changes to its hazardous waste
program will take effect. If we receive comments that oppose the
authorization, 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 State-initiated changes.
DATES: This regulation will be effective December 20, 2016, unless the
EPA receives adverse written comment by November 21, 2016. If the EPA
receives such comment, it will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this rule will not take effect. The Director of the Federal Register
approves this incorporation by reference as of December 20, 2016 in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit any comments identified by Docket ID No. EPA-R06-
RCRA-2015-0664, 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, Permit Section
(RPM), 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, Permit Section (RPM), 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
Confidential Business Information (CBI) or otherwise protected through
https://www.regulations.gov, or email. Direct your comments to Docket ID
No. EPA-R06-RCRA-2015-0664. The Federal https://www.regulations.gov Web
site is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in
[[Page 72731]]
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 the documents that form the basis for this
authorization and codification and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, phone number: (214) 665-8533 or (214) 665-8178. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, or Julia Banks, Codification Coordinator,
Permit Section (RPM), Multimedia Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number:
(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 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 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 the EPA receives comments that oppose this action?
If the EPA receives comments that oppose the authorization of the
State-initiated changes in this codification document, we will withdraw
this rule by publishing a 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 may withdraw
only that part of this rule, but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization of the State program will
become effective and which part is being withdrawn.
In addition to the authorization of the rules described above in
this document, 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 authorize the
Louisiana program, and the EPA is not now reopening the decisions, nor
requesting comments, on the Louisiana authorizations as published in
the Federal Register documents specified in Section I.F of this
preamble.
F. For what has Louisiana previously been authorized?
The State of Louisiana initially received final authorization on
January 24, 1985, effective 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), as corrected
October 15, 1991 (56 FR 51762) effective October 25, 1991; November 7,
1994 (59 FR 55368) effective January 23, 1995 (Note: On January 23,
1995 (60 FR 4380), the EPA
[[Page 72732]]
responded to adverse public comments and affirmed the effective date
for the November 7, 1994 final rule. Then on April 11, 1995 (60 FR
18360); the EPA also made administrative corrections for the January
23, 1995 Federal Register document); December 23, 1994 (59 FR 66200)
effective March 8, 1995; October 17, 1995 (60 FR 53704 and 60 FR 53707)
effective January 2, 1996; March 28, 1996 (61 FR 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; May 20, 2009 (74 FR 23645) effective July
20, 2009; August 5, 2010 (75 FR 47223) effective October 4, 2010; June
24, 2011 (76 FR 37021) effective August 23, 2011; June 28, 2011 (77 FR
38530) effective August 27, 2012; July 13, 2012 (77 FR 41292) effective
September 11, 2012; and September 14, 2015 (80 FR 55032) effective
November 13, 2015.
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 regulations found at 40 CFR as of July 1, 2012.
The Louisiana provisions are from the Louisiana Administrative Code
(LAC), Title 33, Part V dated September 2014.
------------------------------------------------------------------------
Analogous federal
State requirement requirement
------------------------------------------------------------------------
705.B.2................................... 40 CFR 124.15
4999, Appendix E.......................... 40 CFR part 261, Appendix IX
------------------------------------------------------------------------
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. 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 the 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), September 11, 2012 (77 FR
41292), and November 25, 2013 (78 FR 58890).
In this document, the EPA is revising Subpart T of 40 CFR part 272
to include the authorization revision actions effective November 13,
2015 (80 FR 55032).
C. What codification decisions has EPA made in this rule?
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Louisiana rules described in the amendments to 40 CFR part 272 set
forth below. The EPA has made, and will continue to make, these
documents available electronically through https://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
The purpose of this Federal Register document is to codify
Louisiana's base hazardous waste management program and its revisions
to that program. This document incorporates by reference Louisiana's
hazardous waste statutes and regulations and clarifies which of these
provisions are included in the authorized and Federally enforceable
program. By codifying Louisiana's authorized program and by amending
the Code of Federal Regulations, the public will be more easily able to
discern the status of Federally approved requirements of the Louisiana
hazardous waste management program.
The EPA is incorporating by reference the Louisiana authorized
hazardous waste 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 and regulatory provisions which provide the legal
basis for the State's implementation of the hazardous
[[Page 72733]]
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;
(4) New unauthorized State requirements; and
(5) Federal rules for which Louisiana is authorized but which were
vacated by the U.S. Court of Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014).
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.951(c)(3) lists
the Louisiana regulatory provisions which are ``broader in scope'' than
the Federal program and which are not part of the authorized program
being incorporated by reference. ``Broader in scope'' provisions cannot
be enforced by the EPA; the State, however, may enforce such provisions
under State law.
Additionally, Louisiana's hazardous waste regulations include
amendments which have not been authorized by the EPA. Since the EPA
cannot enforce a State's requirements which have not been reviewed and
authorized in accordance with RCRA section 3006 and 40 CFR part 271, it
is important to be precise in delineating the scope of a State's
authorized hazardous waste program. Regulatory provisions that have not
been authorized by the EPA include amendments to previously authorized
State regulations as well as certain Federal rules and new State
requirements.
Federal rules Louisiana has adopted but is not authorized for
include those published in the Federal Register on August 8, 1986 (51
FR 28664); December 1, 1987 (52 FR 45788; Post-Closure Permits
requirements); April 12, 1996 (61 FR 16290); and December 17, 2010 (75
FR 78915). 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, dated November 2015. 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 (Pub. L. 104-
4).
This action will not have substantial direct effects on the States,
on the
[[Page 72734]]
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 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 action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
The requirements being codified are the result of Louisiana's
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. Thus, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) do not apply. As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.
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 December 20, 2016.
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
Environmental protection, 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: August 1, 2016.
Ron Curry,
Regional Administrator,
Region 6.
For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), the 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 of 1976, 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, November 25, 2013, November 13, 2015 and December 20, 2016.
(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://
[[Page 72735]]
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 November, 2015.
(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, 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, 2014
(effective August 1, 2013) 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, 2199; Chapter 18, Section 2417.A.
(iii) Louisiana Administrative Code, Title 33, Part I, Office of
The Secretary 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 2014, 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, 2014
(effective August 1, 2013) 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 2014, 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 Register
Federal requirement reference Publication date
------------------------------------------------------------------------
Exports of Hazardous Waste 51 FR 28664....... August 8, 1986.
(HSWA).
HSWA Codification Rule 2: Post- 52 FR 45788....... December 1, 1987.
Closure Permits (HSWA).
Imports and Exports of Hazardous 61 FR 16290....... April 12, 1996.
Waste: Implementation of OECD
Council Decision (HSWA).
------------------------------------------------------------------------
(ii)(A) 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.
------------------------------------------------------------------------
(B) 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, dated November 2015. Copies of the document can be obtained
from U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202 or Louisiana
Department of Environmental Quality, 602 N. Fifth Street, Baton Rouge,
Louisiana 70884-2178.
(5) Vacated Federal Rules. Louisiana adopted and was authorized for
the following Federal rules which have since been vacated by the U.S.
Court of Appeals for the District of Columbia Circuit (D.C. Cir. No.
98-1379 and 08-1144, respectively; June 27, 2014):
[[Page 72736]]
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Combustors; Revised 63 FR 33782................ June 19, 1998.
Standards (HSWA) (Checklist 168--40 CFR
261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary 73 FR 57................... January 2, 2008.
Materials Processed in a Gasification
System to Produce Synthesis Gas
(Checklist 216--Definition of
``Gasification'' at 40 CFR 260.10 and
amendment to 40 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable 7 FR 33712................. June 15, 2010.
Fuel Exclusion under RCRA (Checklist
224--amendments to 40 CFR 261.4(a)(16)
and 261.38).
----------------------------------------------------------------------------------------------------------------
(6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Louisiana, signed by the Secretary of the
State of Louisiana Department of Environmental Quality (LDEQ) on
October 30, 2014 and the EPA Regional Administrator on August 21, 2015
is referenced as part of the authorized hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) 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, April 18, 2012, and June 11, 2014 are
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
0
3. Appendix A to part 272 is amended by revising the listing for
``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, 2014 (effective
August 1, 2013) 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, Eagan, Minnesota 55123; 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 2014. Please note that for some provisions, the
authorized version is found in the LAC, Title 33, Part V, dated
September 2011, December 31, 2009 or June 1995.
Chapter 1--General Provisions And Definitions, Sections 103; 105
(except the phrase ``, gasification (as defined in LAC 33:V.109)''
in 105.D.1.l.i, 105.D.1.q, and 105.P); 108 (except 108.G.5); 109
(except ``Batch tank'', ``Competent Authorities'', ``Concerned
Countries'', ``Continuous flow tank'', ``Country of Export'',
``Country of Import'', ``Country of Transit'', ``EPA Acknowledgement
of Consent'', ``Exporter'', ``Exporting Country'', ``Gasification'',
``Importer'', ``Importing Country'', ``OECD'', ``Organization for
Economic Cooperation and Development (OECD) Area'', ``Primary
Exporter'', ``Receiving Country'', ``Recognized Trader'', ``Recovery
Facility'', ``Recovery Operations'', ``Transboundary Movement'',
``Transit Country''); 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; 309; 311 (except 311.A and .C); 313; 315.A-.D; 317; 319; 321.A
(except the phrase ``and 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); 1109 (except 1109.E.1
introductory paragraph, .E.1.a.ii, .E.1.a.iv, .E.1.b, .E.1.c,
.E.7.f, and reserved provision); 1109.E.1 introductory paragraph
(September 2011); 1109.E.1.a.ii (December 31, 2009); 1109.E.1.a.iv,
.E.1.b, and .E.1.c (September 2011); 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-.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 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 made under LAC 33:V.2273,'' in 2205.D); 2207; 2208;
2209 (except the phrase ``or a determination made 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,
[[Page 72737]]
2233, 2236, 2237, 2245.A-I.; 2246; 2247 (except 2247.G and .H); 2299
Appendix (except Tables 4 and 12);
Chapter 23--Waste Piles, Sections 2301 through 2313; 2315
(except the word ``either'' at the end of 2315.B 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 2523;
Chapter 26--Corrective Action Management Units And Temporary
Units, Sections 2601 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 (except the phrase ``other than to those
OECD countries . . . requirements of LAC 33:V.Chapter 11.Subchapter
B)'' at 3871.A introductory paragraph); 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.A.1.a.i and ii, and .A.4); 4139; 4141; 4143 (except the word
``and'' at the end of 4143.B.4; and 4143.B.5); 4145;
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; 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 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; 4903;
4907; 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. 2016-25318 Filed 10-20-16; 8:45 am]
BILLING CODE 6560-50-P