81 FR 72730 - Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 204 (October 21, 2016)
Federal Register Volume 81, Issue 204 (October 21, 2016)
| Page Range | 72730-72737 | |
| FR Document | 2016-25318 |
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)] [Rules and Regulations] [Pages 72730-72737] From the Federal Register Online [www.thefederalregister.org] [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: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: [email protected] or [email protected]. 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 http://www.regulations.gov, or email. Direct your comments to Docket ID No. EPA-R06-RCRA-2015-0664. The Federal http://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 http://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: [email protected] or [email protected]. 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 http://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: http:// [[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: http://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: http://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: http://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: http://doa.louisiana.gov/osr/lac/lac.htm. * * * * * [FR Doc. 2016-25318 Filed 10-20-16; 8:45 am] BILLING CODE 6560-50-P
![72730 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
60.532(f). Specifically, Burns asked that Dated: October 14, 2016. changes to its hazardous waste program
the EPA reconsider the ban on pellet Gina McCarthy, will take effect. If we receive comments
fuels made from construction and Administrator. that oppose the authorization, we will
demolition waste and the ban on pellet [FR Doc. 2016–25512 Filed 10–20–16; 8:45 am] publish a document in the Federal
fuels made from ‘‘prohibited fuels’’ BILLING CODE 6560–50–P
Register withdrawing this rule before it
which includes construction or takes effect, and a separate document in
demotion debris and allow certain wood the proposed rules section of this
that has been sorted from construction ENVIRONMENTAL PROTECTION Federal Register will serve as a proposal
or demolition waste to be used in the AGENCY to authorize the State-initiated changes.
manufacture of pellet fuels for DATES: This regulation will be effective
40 CFR Parts 271 and 272 December 20, 2016, unless the EPA
residential wood heaters.
[EPA–R06–RCRA–2015–0664; FRL–9951– receives adverse written comment by
Burns’ reconsideration petition was November 21, 2016. If the EPA receives
21–Region 6]
submitted under Section 307(d)(7)(B) of such comment, it will publish a timely
the CAA, which sets forth the criteria Louisiana: Final Authorization of State- withdrawal of this direct final rule in
for reconsideration. That section states Initiated Changes and Incorporation by the Federal Register and inform the
that ‘‘(o)nly an objection to a rule or Reference of Approved State public that this rule will not take effect.
procedure which was raised with Hazardous Waste Management The Director of the Federal Register
reasonable specificity during the period Program approves this incorporation by reference
for public comment (including any as of December 20, 2016 in accordance
AGENCY: Environmental Protection
public hearing) may be raised during with 5 U.S.C. 552(a) and 1 CFR part 51.
Agency (EPA).
judicial review. If the person raising an ADDRESSES: Submit any comments
ACTION: Direct final rule.
objection can demonstrate to the identified by Docket ID No. EPA–R06–
Administrator that it was impractical to SUMMARY: During a review of RCRA–2015–0664, by one of the
raise such objection within such time or Louisiana’s regulations, the following methods:
if the grounds for such objection arose Environmental Protection Agency (EPA) 1. Federal eRulemaking Portal: http://
after the period for public comment (but identified a variety of State-initiated www.regulations.gov. Follow the on-line
within the time specified for judicial changes to its hazardous waste program instructions for submitting comments.
review) and if such objection is of under the Resource Conservation and 2. Email: patterson.alima@epa.gov or
central relevance to the outcome of the Recovery Act (RCRA). The EPA has banks.julia@epa.gov.
rule, the Administrator shall convene a determined that these changes are minor 3. Mail: Alima Patterson, Region 6,
proceeding for reconsideration of the and satisfy all requirements needed to Regional Authorization Coordinator, or
rule and provide the same procedural qualify for final authorization and is Julia Banks, Codification Coordinator,
rights as would have been afforded had authorizing the State-initiated changes Permit Section (RPM), Multimedia
the information been available at the through this direct final action. Planning and Permitting Division, EPA
time the rule was proposed.’’ The Solid Waste Disposal Act, as Region 6, 1445 Ross Avenue, Dallas,
amended, commonly referred to as the Texas 75202–2733.
The EPA has carefully considered the Resource Conservation and Recovery 4. Hand Delivery or Courier: Deliver
petition and supporting information and Act (RCRA), allows the Environmental your comments to Alima Patterson,
evaluated whether the petition meets Protection Agency (EPA) to authorize Region 6, Regional Authorization
the CAA section 307(d)(7)(B) criteria for States to operate their hazardous waste Coordinator, or Julia Banks, Codification
reconsideration. The EPA has management programs in lieu of the Coordinator, Permit Section (RPM),
concluded that the petition does not Federal program. The EPA uses the Multimedia Planning and Permitting
meet the criteria for reconsideration. regulations entitled ‘‘Approved State Division, EPA Region 6, 1445 Ross
Thus, in a letter to the petitioner, the Hazardous Waste Management Avenue, Dallas, Texas 75202–2733.
EPA Administrator, Gina McCarthy, Programs’’ to provide notice of the Instructions: Do not submit
denied the Richard S. Burns & authorization status of State programs information that you consider to be
Company, Inc.’s petition, and explained and to incorporate by reference those Confidential Business Information (CBI)
the reasons for the denial. This letter is provisions of the State statutes and or otherwise protected through http://
available in the docket for this action. regulations that will be subject to the www.regulations.gov, or email. Direct
EPA’s inspection and enforcement. The your comments to Docket ID No. EPA–
IV. Conclusion rule codifies in the regulations the prior R06–RCRA–2015–0664. The Federal
approval of Louisiana’s hazardous waste http://www.regulations.gov Web site is
For the reasons discussed in the letter
management program and incorporates an ‘‘anonymous access’’ system, which
to the petitioner, their petition to means the EPA will not know your
by reference authorized provisions of
reconsider the final Standards of identity or contact information unless
the State’s statutes and regulations.
Performance for New Residential Wood The EPA is publishing this rule to you provide it in the body of your
Heaters, New Residential Hydronic authorize the State-initiated changes comment. If you send an email
Heaters and Forced-Air Furnaces is and incorporate by reference the State’s comment directly to the EPA without
denied. hazardous waste program without a going through http://
asabaliauskas on DSK3SPTVN1PROD with RULES
List of Subjects in 40 CFR Part 60 prior proposal because we believe these www.regulations.gov, your email
actions are not controversial and do not address will be automatically captured
Environmental protection, expect comments that oppose them. and included as part of the comment
Administrative practices and Unless we receive written comments that is placed in the public docket and
procedures, Air pollution control, which oppose the authorization in this made available on the Internet. If you
Intergovernmental relations, Reporting codification document during the submit an electronic comment, the EPA
and recordkeeping requirements. comment period, the decision to recommends that you include your
authorize Louisiana’s State-initiated name and other contact information in
VerDate Sep<11>2014 16:30 Oct 20, 2016 Jkt 241001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\21OCR1.SGM 21OCR1](https://thefederalregister.org/doc/81_FR_72934/page/1.svg)
![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 72735
doa.louisiana.gov/osr/lac/lac.htm. The (ii) Louisiana Statutes Annotated, Sections 703, 705, 707, 709 through 721;
statutes are available from West Revised Statutes, 2014 (effective August and Chapter 22, Sections 2201.A,
Publishing Company, 610 Opperman 1, 2013) Cumulative Annual Pocket 2201.E, 2201.F.
Drive, P.O. Box 64526, St. Paul, Part, Volume 17B, Subtitle II of Title 30, (3) The following statutory and
Minnesota 55164 0526; Phone: 1–800– Louisiana Environmental Quality Act: regulatory provisions are broader in
328–4880; Web site: http:// Chapter 2, 2011.A(1), 2011.B and C scope than the Federal program, are not
west.thomson.com. You may inspect a (except 2011.C(1)(b)), 2011.D (except part of the authorized program, and are
copy at EPA Region 6, 1445 Ross 2011.D(4), (10)–(12), (16), (19), (20), (23) not incorporated by reference:
Avenue, Dallas, Texas 75202 (Phone and (25)), 2011.E–G, 2012, 2014.A (i) Louisiana Statutes Annotated,
number (214) 665–8533), or at the (except 2014.A.3), 2017, 2019.A–C, Revised Statutes, 2000 Main Volume
National Archives and Records 2022.A (except the first sentence of (effective August 15, 1999), Volume
Administration (NARA). For 2022.A(1)), 2022.B and C, 2023 (except 17B, Subtitle II of Title 30, Louisiana
information on the availability of this 2023.A(2) and phrase ‘‘Except as Environmental Quality Act, 2000:
material at NARA, call 202–741–6030, otherwise provided in this Subsection,’’ Chapter 9, Sections 2178 and 2197.
or go to: http://www.archives.gov/ in 2023.A(1)), 2025 (except 2025.D, (ii) Louisiana Statutes Annotated,
federal-register/cfr/ibr-locations.html. .F(3), .H and .K); Chapter 3, Sections Revised Statutes, 2014 (effective August
(i) The binder entitled ‘‘EPA- 2054.B(1), 2054.B(2)(a); Chapter 9, 1, 2013) Cumulative Annual Pocket
Approved Louisiana Statutory and Sections 2180.A–C, 2183.C, and .F–.H, Part, Volume 17B, Subtitle II of Title 30,
Regulatory Requirements Applicable to 2186.A–C, 2199; Chapter 18, Section Louisiana Environmental Quality Act:
the Hazardous Waste Management 2417.A. Chapter 2, Sections 2014.B and D.
Program,’’ dated November, 2015. (iii) Louisiana Administrative Code, (iii) Louisiana Administrative Code,
(ii) [Reserved] Title 33, Part I, Office of The Secretary Title 33, Part I, Office of The Secretary
(2) The following provisions provide Part I, Subpart 1: Departmental Part I, Subpart 1: Departmental
the legal basis for the State’s Administrative Procedures: Chapter 5, Administrative Procedures: Chapter 19,
implementation of the hazardous waste Sections 501.A, effective October 20, Section 1911, effective November 20,
management program, but they are not 2007, 501.B, effective October 20, 2005, 2010.
being incorporated by reference and do 502, effective September 20, 2008, and (iv) Louisiana Administrative Code,
not replace Federal authorities: 503 through 511, effective October 20, Title 33, Part V, Hazardous Waste And
(i) Louisiana Statutes Annotated, 2005; Chapter 7, Section 705, effective Hazardous Materials, Louisiana
Revised Statutes, 2000 Main Volume October 20, 2006; Chapter 19, Sections Hazardous Waste Regulations, dated
(effective August 15, 1999), Volume 1901 through 1909, effective November September 2014, unless otherwise
17B, Subtitle II of Title 30, Louisiana 20, 2010; Chapter 23, Sections 2303 specified: Chapter 1, Section, 108.G.5;
Environmental Quality Act, 2000: through 2309, effective October 20, Chapter 3, Section 327; Chapter 11,
Chapter 1, Section 2002; Chapter 2, 2009. Sections 1101.G and 1109.E.7.f ; Chapter
Sections 2013, 2014.2, 2020, 2021, (iv) Louisiana Administrative Code, 13, Section 1313; Chapter 51.
2022.1(B), 2024, 2026 through 2029, Title 33, Part V, Hazardous Waste and (4) Unauthorized State Amendments.
2033.A–D; Chapter 2–A, Section 2050.8; Hazardous Materials, Louisiana (i) Louisiana has adopted but is not
Chapter 9, Sections 2172, 2174, 2175, Hazardous Waste Regulations, dated authorized to implement the HSWA
2181, 2183.1.B, 2183.2, 2184.B, 2187, September 2014, unless otherwise rules that are listed in the Table in lieu
2188.A and C, 2189.A and B, 2190.A– specified: Chapter 1, Sections 101, of the EPA. The EPA will enforce the
D, 2191.A–C, 2192, 2193, 2196, 2200, 107.A.–C; Chapter 3, Sections 301, Federal HSWA standards for which
2203.B and C, 2204.A(2), A(3) and B; 311.A, 311.C, 315 introductory Louisiana is not authorized until the
Chapter 13, Sections 2294(6), 2295.C; paragraph, 323.B.3; 323.B.4.d and e; State receives specific authorization
Chapter 16, Section 2369. Chapter 5, Section, 503; Chapter 7, from EPA.
Federal requirement Federal Register reference Publication date
Exports of Hazardous Waste (HSWA) .................................................... 51 FR 28664 .................................. August 8, 1986.
HSWA Codification Rule 2: Post-Closure Permits (HSWA) ................... 52 FR 45788 .................................. December 1, 1987.
Imports and Exports of Hazardous Waste: Implementation of OECD 61 FR 16290 .................................. April 12, 1996.
Council Decision (HSWA).
(ii)(A) The following authorized of the State’s authorized provisions are to the Hazardous Waste Management
provisions of the Louisiana regulations listed in the following Table. Program, dated November 2015. Copies
include amendments published in the of the document can be obtained from
Louisiana Register that are not approved Effective date of U.S. EPA Region 6, 1445 Ross Avenue,
State provision authorized provision Dallas, TX 75202 or Louisiana
by EPA. Such unauthorized
amendments are not part of the State’s LAC 1111.B.1.c ......... March 20, 1984. Department of Environmental Quality,
authorized program and are, therefore, LAC 1113 .................. March 20, 1984. 602 N. Fifth Street, Baton Rouge,
Louisiana 70884–2178.
asabaliauskas on DSK3SPTVN1PROD with RULES
not Federally enforceable. Thus, LAC 4407.A.12 .......... March 20, 1984.
notwithstanding the language in the (5) Vacated Federal Rules. Louisiana
Louisiana hazardous waste regulations (B) The actual State regulatory text adopted and was authorized for the
incorporated by reference at paragraph authorized by EPA (i.e., without the following Federal rules which have
(c)(1)(i) of this section, EPA will enforce unauthorized amendments) is available since been vacated by the U.S. Court of
the State provisions that are actually as a separate document, Addendum to Appeals for the District of Columbia
authorized by EPA. The effective dates the EPA-Approved Louisiana Regulatory Circuit (D.C. Cir. No. 98–1379 and 08–
and Statutory Requirements Applicable 1144, respectively; June 27, 2014):
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![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 72737
2233, 2236, 2237, 2245.A–I.; 2246; 2247 demonstrated in accordance with LAC requirement to OMB for its review.
(except 2247.G and .H); 2299 Appendix 33:I.Chapter 13.’’ in 4373.K.1); 4375; 4377; OMB approved this new collection of
(except Tables 4 and 12); 4379 (except 4379.B); 4381 through 4387; information on September 28, 2016, and
Chapter 23—Waste Piles, Sections 2301 4389 (except 4389.C); 4391 through 4397;
through 2313; 2315 (except the word ‘‘either’’ 4399 (except 4399.A.6.i); 4401 through 4413; assigned it OMB Control Number 1625–
at the end of 2315.B introductory paragraph; 4417 through 4435; 4437 (except 4437.E.1, 0126.
the word ‘‘or’’ at the end of 2315.B.1; and 4437.E.2, and 4437.J); 4437.E.1 and .E.2
2315.B.2); 2317;
DATES: On September 28, 2016, the
(December 31, 2009); 4438 through 4456;
Chapter 24—Hazardous Waste Munitions 4457.A (except 4457.A.2); 4457.B (except the Office of Management and Budget
And Explosives Storage, Sections 2401 phrase: ‘‘If the owner or operator . . . he (OMB) approved the Coast Guard’s
through 2405; must’’ in the introductory paragraph); collection of information request
Chapter 25—Landfills, Sections 2501 4457.C; 4459 through 4474; 4475 (except the associated with the Requirements for
through 2523; word ‘‘either’’ at the end of 4475.B Vessels with Registry Endorsements or
Chapter 26—Corrective Action introductory paragraph; the word ‘‘or’’ at the
Management Units And Temporary Units,
Foreign-Flagged Vessels that Perform
end of 4475.B.1; and 4475.B.2); 4476 through
Sections 2601 through 2607; 4499; 4501 (except 4501.D.3); 4502 through
Certain Aquaculture Support Operations
Chapter 27—Land Treatment, Sections 4703; 4705 (except the word ‘‘either’’ at the final rule published on September 15,
2701 through 2723; end of 4705.B introductory paragraph; the 2016 at 81 FR 63420. OMB’s approval
Chapter 28—Drip Pads, Sections 2801 word ‘‘or’’ at the end of 4705.B.1; and for this collection of information expires
through 2807; 2809 (except the word ‘‘either’’ 4705.B.2); 4707 through 4739; on September 30, 2019.
at the end of 2809.B introductory paragraph; Chapter 49—Lists Of Hazardous Wastes,
the word ‘‘or’’ at the end of 2809.B.1; and Sections 4901; 4903; 4907; 4911 through FOR FURTHER INFORMATION CONTACT: If
2809.B.2); 4915; 4999 Appendices C through E; you have questions on this rule, call or
Chapter 29—Surface Impoundments, Chapter 53—Military Munitions, Sections email Mr. David Belliveau, Fishing
Sections 2901 through 2909; 2911 (except the 5301 through 5311;
word ‘‘either’’ at end of 2911.B introductory
Vessels Division (CG–CVC–3), U.S.
Louisiana Administrative Code, Title 33,
paragraph and 2911.B.1); 2913 through 2919; Coast Guard; telephone 202–372–1247,
Part VII, Solid Waste, as amended through
Chapter 30—Hazardous Waste Burned In June 2011; Sections 301.A.2.a and 315.J. email David.J.Belliveau@uscg.mil.
Boilers And Industrial Furnaces, Sections Copies of the Louisiana Administrative SUPPLEMENTARY INFORMATION:
3001 through 3007; 3009 (except reserved Code as published by the Office of the State
provision); 3011 through 3025; 3099 Register, P. O. Box 94095, Baton Rouge, LA Viewing Items Associated With This
Appendices A through L; 70804–9095; Phone: (225) 342–5015; Web Document
Chapter 31—Incinerators, Sections 3101 site: http://doa.louisiana.gov/osr/lac/lac.htm.
through 3121; To view OMB’s approval memo or the
Chapter 32—Miscellaneous Units, Sections * * * * *
[FR Doc. 2016–25318 Filed 10–20–16; 8:45 am] Requirements for Vessels with Registry
3201; 3203; 3205; 3207 (except 3207.C.2);
Chapter 33—Groundwater Protection, BILLING CODE 6560–50–P Endorsements or Foreign-Flagged
Sections 3301 through 3321; 3322 (except Vessels that Perform Certain
3322.D); 3323; 3325; Aquaculture Support Operations final
Chapter 35—Closure and Post-Closure, DEPARTMENT OF HOMELAND rule, go to www.regulations.gov, type
Sections 3501 through 3505; 3507 (except SECURITY the docket number, USCG–2015–0086,
3507.B); 3509 through 3519; 3521 (except in the ‘‘SEARCH’’ box and click
3521.A.3); 3523 through 3527; Coast Guard
Chapter 37—Financial Requirements, ‘‘SEARCH.’’ Click on ‘‘Open Docket
Sections 3701 through 3719; Folder’’ in the first item listed. Use the
Chapter 38—Universal Wastes, Sections 46 CFR Part 106 following link to go directly to the
3801 through 3811; 3813 (except ‘‘Mercury- [Docket No. USCG–2015–0086] docket: http://www.regulations.gov/
containing Lamp’’); 3815 through 3833; 3835 docket?D=USCG–2015–0086.
(except the phrase ‘‘, other than to those RIN 1625–AC23
OECD countries . . . requirements of LAC Background
33:V.Chapter 11.Subchapter B),’’ at 3835.A Requirements for Vessels With
introductory paragraph); 3837 through 3855; Registry Endorsements or Foreign- On September 15, 2016, the Coast
3857 (except the phrase Flagged Vessels That Perform Certain Guard published a final rule (81 FR
‘‘, other than to those OECD countries . . . Aquaculture Support Operations 63420) that implemented Requirements
requirements of LAC 33:V.Chapter for Vessels with Registry Endorsements
11.Subchapter B),’’ at 3857.A introductory AGENCY: Coast Guard, DHS.
paragraph); 3859 through 3869; 3871 (except
or Foreign-Flagged Vessels that Perform
ACTION: Final rule; information Certain Aquaculture Support
the phrase ‘‘other than to those OECD
countries . . . requirements of LAC
collection approval. Operations. Section 46 CFR 106.115 in
33:V.Chapter 11.Subchapter B)’’ at 3871.A
SUMMARY: The Coast Guard announces that rule contains a collection-of-
introductory paragraph); 3873 through 3877; information provision that requires
3879 (except 3879.B); 3881; 3883; that it has received approval from the
Office of Management and Budget approval by OMB under the Paperwork
Chapter 40—Used Oil, Sections 4001 Reduction Act of 1995, 44 U.S.C. 3501–
through 4093; (OMB) for an information collection
Chapter 41—Recyclable Materials, Sections request associated with the 3520. On September 28, 2016, OMB
4101; 4105 (except.A.1.a.i and ii, and .A.4); Requirements for Vessels with Registry approved the Coast Guard’s collection of
4139; 4141; 4143 (except the word ‘‘and’’ at Endorsements or Foreign-Flagged information request for this final rule
asabaliauskas on DSK3SPTVN1PROD with RULES
the end of 4143.B.4; and 4143.B.5); 4145; Vessels that Perform Certain and assigned OMB Control Number
Chapter 42—Conditional Exemption for Aquaculture Support Operations final 1625–0126 to the collection. The
Low-Level Mixed Waste Storage and approval for this collection of
rule we published in the Federal
Disposal, Sections 4201 through 4243;
Chapter 43—Interim Status, Sections Register on September 15, 2016. In that information expires on September 30,
4301.A; 4301.B (June 1995); 4301.B; 4301.C rule, we stated the final rule will impose 2019.
(June 1995); 4301.C –.I; 4302 through 4371; a new information collection This document is issued under the
4373 (except the last two sentences ‘‘The requirement and that we would submit authority of 5 U.S.C. 552(a).
administrative authority . . . as this new information collection
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Document Created: 2018-02-13 16:35:47
Document Modified: 2018-02-13 16:35:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| 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. | |
| 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: | |
| FR Citation | 81 FR 72730 | |
| CFR Citation | 40
CFR
271 40 CFR 272 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Hazardous Materials Transportation; Incorporation by Reference; Water Pollution Control and Water Supply |
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