38530 Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations 

[FR Doc. 2012–15727 Filed 6–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2012–0367 FRL-9692–7] 

Louisiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Louisiana has applied to the 

EPA for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Louisiana’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this issue of 

the Federal Register will serve as a 

proposal to authorize the changes. 

DATES: This final authorization will 

become effective on August 27, 2012 

unless the EPA receives adverse written 

comment by July 30, 2012. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

State/Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier. Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. You can view and 

copy Louisiana’s application and 

associated publicly available materials 

from 8:30 a.m. to 4 p.m. Monday 

through Friday at the following 

locations: Louisiana Department of 

Environmental Quality, 602 N. Fifth 

Street, Baton Rouge, Louisiana 70884– 

2178, phone number (225) 219–3559 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, EPA 

Region 6, 1445 Ross Avenue, Dallas 

Texas 75202–2733, (214) 665–8533) and 

Email address patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. 

Most commonly, States must change 

their programs because of changes to the 

EPA’s regulations in 40 Code of Federal 

Regulations (CFR) parts 124, 260 

through 268, 270, 273, and 279. 

B. What decisions have we made in this 

rule? 

We conclude that Louisiana’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Louisiana 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Louisiana has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders (except in Indian Country) and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Louisiana including issuing permits, 

until the State is granted authorization 

to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in Louisiana subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Louisiana 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations 38531 

regulated community because the 

regulations for which Louisiana is being 

authorized by today’s action are already 

effective under State law, and are not 

changed by today’s action. 

D. Why wasn’t there a proposed rule 

before today’s rule? 

The EPA did not publish a proposal 

before today’s rule because we view this 

as a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. For what has Louisiana previously 

been authorized? 

The State of Louisiana initially 

received final authorization on February 

7, 1985, (50 FR 3348), to implement its 

base Hazardous Waste Management 

Program. We granted authorization for 

changes to their program on November 

28, 1989 (54 FR 48889) effective January 

29, 1990; August 26, 1991 (56 FR 41958) 

effective August 26, 1991; November 7, 

1994 (59 FR 55368) effective January 23, 

1995; December 23, 1994 (59 FR 66200) 

effective March 8, 1995; there were 

technical corrections made on January 

23, 1995 (60 FR 4380), effective January 

23, 1995; and another technical 

correction was made on April 11, 1995 

(60 FR 18360) effective April 11, 1995; 

October 17, 1995 (60 FR 53704) effective 

January 2, 1996; March 28, 1996 (61 FR 

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 and June 24, 

2011(76 FR 122) effective August 23, 

2011. On April 25, 2012, Louisiana 

applied for approval of its program 

revisions for RCRA Cluster XX in 

accordance with 40 CFR 271.21(b)(3). 

Since 1979 through the 

Environmental Affairs Act, Act 449 

enabled the Office of Environmental 

Affairs within the Louisiana Department 

of Natural Resources, as well as, the 

Environmental Control Commission to 

conduct an effective program designed 

to regulate those who generate, 

transport, treat, store, dispose or recycle 

hazardous waste. During the 1983 

Regular Session of the Louisiana 

Legislature, Act 97 was adopted, which 

amended and reenacted La. R. S. 

30:1051 et seq. as the Environmental 

Quality Act, renaming the 

Environmental Affairs Act (Act 1938 of 

1979). This Act created Louisiana 

Department of Environmental Quality 

(LDEQ), including provisions for new 

offices within this new Department of 

Environmental Quality. Act 97 also 

transferred the duties and 

responsibilities previously delegated to 

the Department of Natural Resources, 

Office of Environmental Affairs, to the 

new Department. The LDEQ has lead 

agency jurisdictional authority for 

administering the Resource 

Conservation and Recovery Act (RCRA) 

Subtitle C program in Louisiana. Also, 

the LDEQ is designated to facilitate 

communication between the EPA and 

the State. During the 1999 Regular 

Session of Louisiana Legislature, Act 

303 revised the La.R.S.30:2011 et. seq. 

allowing LDEQ to reengineer the 

Department to perform more efficiently 

and to meet its strategic goals. 

It is the intention of the State, through 

this application, to demonstrate its 

equivalence and consistency with the 

Federal statutory tests, which are 

outlined in the United States 

Environmental Protection Agency 

regulatory requirements under 40 CFR 

Part 271, Subpart A, for final 

authorization. The submittal of this 

application is in keeping with the spirit 

and intent of RCRA, which provides 

equivalent States the opportunity to 

apply for final authorization to operate 

all aspects of their hazardous waste 

management programs in lieu of the 

Federal government. The Louisiana 

Environmental Quality Act authorizes 

the State’s program, Subtitle II of Title 

30 of the Louisiana Revised Statutes. 

With this application Louisiana is 

applying for authorization for specific 

areas of the State regulations identified 

as requiring authorization and the listed 

Checklists are: 222, 223 and 224 will 

allow the State to implement the 

equivalent RCRA Subtitle C portion of 

the program. Louisiana has 

demonstrated to EPA that its program 

was substantially equivalent in its 

management of hazardous waste to the 

Federal program developed pursuant to 

RCRA. The State’s program is equivalent 

to the Federal program as outlined in 

revision Checklists 222, 223 and 224 

which was adopted and became 

effective on March 20, 2012. EPA did 

not authorized The State of Louisiana 

for portions of the provisions of the 

Standardized Permits because the State 

did not adopt the federal regulations. 

G. What changes are we authorizing 

with today’s action? 

On April 25, 2012, Louisiana 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that Louisiana’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for Final 

authorization. Therefore, we grant the 

State of Louisiana Final authorization 

for the following changes: The State of 

Louisiana’s program revisions consist of 

regulations which specifically govern 

RCRA Cluster XX as documented in this 

Federal Register: 


wreier-aviles on DSK5TPTVN1PROD with RULES
38532 Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations 

Description of Federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous State authority 

1. OECD Requirements: Export 

Shipments of Spend Lead-Acid 

Batteries. (Checklist 222).

75 FR 1236–1262, January 8, 

2010.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, ERC Title 33, Part V. Hazardous Waste and Hazardous Materials, 2010 edition and the September 2010 Supplement. Sections 1101.B, 1113.F, 1113.I.1, 1113.I.1. ‘‘a–b, 1113.I.2, 

1127.A.1, 1127.A.1.a, 1127.A.1.b, 1127.A.2, 109 ‘Competent authority’’, 109 (see Concerned countries), 109 ‘‘Country of export’’, 

109 ‘‘Country of import’’, 109 ‘‘Country of transit’’, 109 ‘‘Exporter’’, 

109 ‘‘importer’’, 109 ‘‘OECD area’’, 109 ‘‘OECD means Organization for Economic Cooperation and Development’’ 109 ‘‘Recognized trader’’, 109 ‘‘Recovery facility’’, 109 ‘‘Recovery operations’’ 

109 ‘‘Transboundary movement’’, 1127.B.1, 1127.B.1.a, 

1127.B.1.ai–ii, 1127.B.1.b, 1127.B.1.b.i–ii, 1127.B.1.b.ii9(a) 

1127.B.b.ii.(b), 1127.B.1.b.iii, Note to Paragraph 1127.B.1.b.iii, 

1127.B.1.c, 1127.B.1.c.i, Notes to Paragraph 1127.B.1.c.i–ii, Note 

to Paragraph 1127.B.1.c.ii, 1127.B.1.d, 1127.B.1.d.i–ii, 1127.B.2, 

1127.B.2.a–b, Note to Paragraph 1127.B.2.b–c, 1127.B.3, 

1127.B.a, 1127.B.a.i–ii, 1127.B.3.c, 1127.B.4, 1127.B.4.a–b, 

1127.B.5, 1127.B.5.a–b, 1127.B.6, 1127.B.6.a–e, 1127.B.7, 

1127.C.1–2, 1127.C.2.a, 1127.C.2.a.i–ii–iii, 1127C.2.b, 

1127.C.2.b.i–ii, 1127.C.3–4, 1127.C.4.a–n, Note to Paragraph 

1127.C.4.n, 1127.C.5, 1127.D.1, 1127.D.1.a–b, 1127.D.2, 

1127.D.2.a–b–g, 1127.D.3–5, 1127.E.1–2, 1127.E.2.a–d, 

1127.E.3,1127.E.3.a–b, 1127.E.4–5, Note to Paragraph 1127.E.5, 

1127.E.6, 1127.E.7, Note to Paragraph 1127.E.7, 1127.F.1–2, 

1127.G.1, 1127.G.1.a–e, 1127>G.1.e.i–ii, 1127.G.1.f, 1127.G.2, 

1127.G.2.a–c, 1127.G.3, 1127.G.3.a, 1127.G.3.a.i–iv, 1127.G.3.b, 

1127.H, 1127.I.1, 1127.I.1.a–b, 1127.I.2–4, 1301.F, 1531.B, 

1516.B.5, 1516.B.4, 4311 (1531), 4353.A (1516), and 

4145.A.Table, as amended December 20, 2011, effective March 

20, 2012. 

2. Hazardous Waste Technical Corrections and Clarifications. 

(Checklist 223).

75 FR 12989–13009, March 18, 

2010.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, ERC Title 33, Part V. Hazardous Waste and Hazardous Materials, 2010 edition and the September 2010 Supplement. Sections 109 ‘‘New hazardous waste management facility or 

new facility’’, 109 ‘‘Processed Scrap Metal, 109, table1, 

105.D.1.p.vi, 108.B, 108.E’’, 108.E.1–2, 108.E.2 Comment, 108.F 

intro, 108.F.2, 108.Gintro, 108.G.2, 4105.A.2, 4105.A.2, 

4105.A.2.b, 4105.A.1, 109.Empty Container 1.a–b, 109.Empty 

Container 2.a, 109.Empty Container.2.c, 4903.D.8, 4901.A.1–2, 

4901.B.1.Table 1, 4901.C.Table 2, 4901.F.Table 4, Chapter 49 

Table 6, 1101.D, 1103.C. 1107.D.7, 1107.D.7.a, 1107.D.7.a.i–ii, 

1107.D.7.b–d, 1109.E.1, 1109.E.1.a.iv(b), 1109.E.1.c, 1109.E.1.e, 

1109.E.1.a.iv(b), 1109.E.2, 1109.E.4, 1109>E.5&6, 1109.E.7.c, 

1109.E.9, 1109.E.12, 1111.B.2, 1111.C.1–2, 1111.C.4, 

1111.C.4.a–b, 1111.C.3 Note, 1123.B, 1305.C, 1513.B.2, 

1513.F.4.b,1516.C.5.a.vi, 1516.C.6.a.i–c, 2515.E, 2519.A.2, 

2603.A.3.b, 2603.A.3.c–d, 2603.E.4.d.vi, 4341 (1513.B), 4349 

(1513.F), 1516.C.5.a.vi, 1516.C.6.a.i, 1516.C.6.b–c, 4507.E, 

4511.A.2, 4139.B–B.2, 4141.B, 4143.D, 4145.B, 3003.C.1, 

3003.C.2, 2299.Appendix Table 2, 2299.Appendix 7, 307.A, and 

307.B, as amended December 20, 2011, effective March 20, 2012. 

3. Withdrawal of Emission Comparable Fuel Exclusion. (Checklist 

224).

75 FR 33712–33724, June 15, 

2010.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, ERC Title 33, Part V. Hazardous Waste and Hazardous Materials, 2010 edition and the September 2010 Supplement. Sections 105.D.1.q, 4909 Title, 4909.A, 4909.B, 4909.B.1, 

4909.B.1.a–b, 4909.B.2, 4909.C, 4909.C.1–5, 4909.D.3, 

4909.D.3.a, 4909.D.3.a.i–iii, 4909.D.3.b, 4909.D.5.a, 4909.D.5.a.i– 

iii, 4909.D.5.b, 4909.D.6, 4909.D, 4909.d.1, 4909.d.1.a.i, 

4909.D.a.i(a)–(e), 4909.D.1.a.ii–iii, 4909.D.1.b, 4909.D.1.b.i–v, 

4909.D.2, 4909.D.2.a–b, 4909.D.2.b.1–ii, 4909.D.2.c–d, 4909.D.7, 

4909.D.7.a, 4909.D.7.a.i–v, 4909.D.7.b, 4909.D.7.b.i–viii, 

4909.D.7.c, 4909.D.8, 4909.D.8.a, 4909.D.8.a.i–iv, 4909.D.8.b–c, 

4909.D.8.c.i–ii, 4909.D.8.d–h, 4909.D.8.h.i–ii, 4909.D.8.i, 

4909.D.9–10, 4909.D.10.a, 4909.D.10.a.a.i–iii, 4909.D.10.b–h, 

4909.D.10.1, 4909.D.10.i–v, 4909.D.11–12, 4909.12.a–c, 

4909.D.13–15, 4909.D.15.a, 4909.15.b–c, 4909.D.15.c.i–11, 

4909.D.16–17, 4909.D.17.a–b, 4909.D.18, and 4909.E, as amended December 20, 2011, effective March 20, 2012. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 125 / Thursday, June 28, 2012 / Rules and Regulations 38533 

H. Where are the revised state rules 

different from the Federal rules? 

In this authorization of the State of 

Louisiana program revisions for Cluster 

XX rules, there are no provisions that 

are more stringent or broader in scope. 

I. Who handles permits after the 

authorization takes effect? 

Louisiana will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits which we 

issued prior to the effective date of this 

authorization. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which Louisiana is not yet 

authorized. 

J. How does today’s action affect Indian 

Country in Louisiana? 

Louisiana is not authorized to carry 

out its Hazardous Waste Program in 

Indian Country within the State. This 

authority remains with EPA. Therefore, 

this action has no effect in Indian 

Country. 

K. What is codification and is the EPA 

codifying Louisiana’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart T for this 

authorization of Louisiana’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

M. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.). Because this 

action authorizes preexisting 

requirements under State law and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). For the same 

reason, this action also does not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely authorizes State requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action will be 

effective August 27, 2012. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: June 15, 2012. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2012–15872 Filed 6–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 11–42, 03–109, 12–23 and 

CC Docket No. 96–45; FCC 12–11] 

Lifeline and Link Up Reform and 

Modernization, Advancing Broadband 

Availability Through Digital Literacy 

Training 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the final rules in 47 CFR 

part 54, which were published in the 


wreier-aviles on DSK5TPTVN1PROD with RULES