72730 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 

60.532(f). Specifically, Burns asked that 

the EPA reconsider the ban on pellet 

fuels made from construction and 

demolition waste and the ban on pellet 

fuels made from ‘‘prohibited fuels’’ 

which includes construction or 

demotion debris and allow certain wood 

that has been sorted from construction 

or demolition waste to be used in the 

manufacture of pellet fuels for 

residential wood heaters. 

Burns’ reconsideration petition was 

submitted under Section 307(d)(7)(B) of 

the CAA, which sets forth the criteria 

for reconsideration. That section states 

that ‘‘(o)nly an objection to a rule or 

procedure which was raised with 

reasonable specificity during the period 

for public comment (including any 

public hearing) may be raised during 

judicial review. If the person raising an 

objection can demonstrate to the 

Administrator that it was impractical to 

raise such objection within such time or 

if the grounds for such objection arose 

after the period for public comment (but 

within the time specified for judicial 

review) and if such objection is of 

central relevance to the outcome of the 

rule, the Administrator shall convene a 

proceeding for reconsideration of the 

rule and provide the same procedural 

rights as would have been afforded had 

the information been available at the 

time the rule was proposed.’’ 

The EPA has carefully considered the 

petition and supporting information and 

evaluated whether the petition meets 

the CAA section 307(d)(7)(B) criteria for 

reconsideration. The EPA has 

concluded that the petition does not 

meet the criteria for reconsideration. 

Thus, in a letter to the petitioner, the 

EPA Administrator, Gina McCarthy, 

denied the Richard S. Burns & 

Company, Inc.’s petition, and explained 

the reasons for the denial. This letter is 

available in the docket for this action. 

IV. Conclusion 

For the reasons discussed in the letter 

to the petitioner, their petition to 

reconsider the final Standards of 

Performance for New Residential Wood 

Heaters, New Residential Hydronic 

Heaters and Forced-Air Furnaces is 

denied. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: October 14, 2016. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2016–25512 Filed 10–20–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2015–0664; FRL–9951– 

21–Region 6] 

Louisiana: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of Approved State 

Hazardous Waste Management 

Program 

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: patterson.alima@epa.gov or 

banks.julia@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, Codification Coordinator, 

Permit Section (RPM), Multimedia 

Planning and Permitting Division, EPA 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, or Julia Banks, Codification 

Coordinator, Permit Section (RPM), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

Instructions: Do not submit 

information that you consider to be 

Confidential Business Information (CBI) 

or otherwise protected through 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 


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the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

You can view and copy the 

documents that form the basis for this 

authorization and codification and 

associated publicly available materials 

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

through Friday at the following location: 

EPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number: (214) 665–8533 or (214) 665– 

8178. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

two weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, or Julia 

Banks, Codification Coordinator, Permit 

Section (RPM), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733, Phone number: (214) 665–8533 or 

(214) 665–8178, and Email address: 

patterson.alima@epa.gov or 

banks.julia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated 

Changes 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

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

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

hazardous waste program. As the 

Federal program changes, the States 

must change their programs and ask the 

EPA to authorize the changes. Changes 

to State hazardous waste programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

States can also initiate their own 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What decisions have we made in this 

rule? 

We conclude that Louisiana’s 

revisions to its authorized program meet 

all of the statutory and regulatory 

requirements established by RCRA. We 

found that the State-initiated changes 

make Louisiana’s rules more clear or 

conform more closely to the Federal 

equivalents and are so minor in nature 

that a formal application is unnecessary. 

Therefore, we grant Louisiana final 

authorization to operate its hazardous 

waste program with the changes 

described in the table at Section G 

below. Louisiana has responsibility for 

permitting Treatment, Storage, and 

Disposal Facilities (TSDFs) within its 

borders (except in Indian Country) and 

for carrying out all authorized aspects of 

the RCRA program, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates under 

the authority of HSWA take effect in 

authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Louisiana, including issuing permits, 

until the State is granted authorization 

to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in Louisiana subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Louisiana 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

statutes and regulations for which 

Louisiana is being authorized by this 

direct action are already effective and 

are not changed by this action. 

D. Why wasn’t there a proposed rule 

before this rule? 

The EPA did not publish a proposal 

before this rule because we view this as 

a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of this Federal Register, 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What happens if the EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose the authorization of the Stateinitiated changes in this codification 

document, we will withdraw this rule 

by publishing a document in the 

Federal Register before the rule 

becomes effective. The EPA will base 

any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program we 

may withdraw only that part of this 

rule, but the authorization of the 

program changes that the comments do 

not oppose will become effective on the 

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 


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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 Stateinitiated changes satisfy the 

requirements of 40 CFR 271.21(a). We 

are granting Louisiana final 

authorization to carry out the following 

provisions of the State’s program in lieu 

of the Federal program. These 

provisions are analogous to the 

indicated RCRA regulations found at 40 

CFR as of July 1, 2012. The Louisiana 

provisions are from the Louisiana 

Administrative Code (LAC), Title 33, 

Part V dated September 2014. 

State requirement Analogous federal 

requirement 

705.B.2 ...................... 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 


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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 


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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 

■ 1. The authority citation for part 272 

continues to read as follows: 

Authority: Sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended by the Resource Conservation and 

Recovery Act of 1976, as amended, 42 U.S.C. 

6912(a), 6926, and 6974(b). 

■ 2. Revise § 272.951 to read as follows: 

§ 272.951 Louisiana State-administered 

program: Final authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), the EPA 

granted Louisiana final authorization for 

the following elements as submitted to 

EPA in Louisiana’s base program 

application for final authorization 

which was approved by EPA effective 

on February 7, 1985. Subsequent 

program revision applications were 

approved effective on January 29, 1990, 

October 25, 1991 as corrected October 

15, 1991; January 23, 1995 as corrected 

April 11, 1995; March 8, 1995; January 

2, 1996; June 11, 1996, March 16, 1998, 

December 22, 1998, October 25, 1999, 

November 1, 1999, April 28, 2000, 

March 5, 2001, February 9, 2004, August 

9, 2005, January 12, 2007, October 15, 

2007, July 20, 2009, October 4, 2010, 

August 23, 2011, August 27, 2012, 

September 11, 2012, November 25, 

2013, November 13, 2015 and December 

20, 2016. 

(b) The State of Louisiana has primary 

responsibility for enforcing its 

hazardous waste management program. 

However, EPA retains the authority to 

exercise its inspection and enforcement 

authorities in accordance with sections 

3007, 3008, 3013, 7003 of RCRA, 42 

U.S.C. 6927, 6928, 6934, 6973, and any 

other applicable statutory and 

regulatory provisions, regardless of 

whether the State has taken its own 

actions, as well as in accordance with 

other statutory and regulatory 

provisions. 

(c) State Statutes and Regulations. (1) 

The Louisiana statutes and regulations 

cited in paragraph (c)(1)(i) of this 

section are incorporated by reference as 

part of the hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain copies 

of the Louisiana regulations that are 

incorporated by reference in this 

paragraph from the Office of the State 

Register, P.O. Box 94095, Baton Rouge, 

LA 70804–9095; Phone number: (225) 

342–5015; Web site: http:// 


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Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 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 ‘‘EPAApproved Louisiana Statutory and 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program,’’ dated November, 2015. 

(ii) [Reserved] 

(2) The following provisions provide 

the legal basis for the State’s 

implementation of the hazardous waste 

management program, but they are not 

being incorporated by reference and do 

not replace Federal authorities: 

(i) Louisiana Statutes Annotated, 

Revised Statutes, 2000 Main Volume 

(effective August 15, 1999), Volume 

17B, Subtitle II of Title 30, Louisiana 

Environmental Quality Act, 2000: 

Chapter 1, Section 2002; Chapter 2, 

Sections 2013, 2014.2, 2020, 2021, 

2022.1(B), 2024, 2026 through 2029, 

2033.A–D; Chapter 2–A, Section 2050.8; 

Chapter 9, Sections 2172, 2174, 2175, 

2181, 2183.1.B, 2183.2, 2184.B, 2187, 

2188.A and C, 2189.A and B, 2190.A– 

D, 2191.A–C, 2192, 2193, 2196, 2200, 

2203.B and C, 2204.A(2), A(3) and B; 

Chapter 13, Sections 2294(6), 2295.C; 

Chapter 16, Section 2369. 

(ii) Louisiana Statutes Annotated, 

Revised Statutes, 2014 (effective August 

1, 2013) Cumulative Annual Pocket 

Part, Volume 17B, Subtitle II of Title 30, 

Louisiana Environmental Quality Act: 

Chapter 2, 2011.A(1), 2011.B and C 

(except 2011.C(1)(b)), 2011.D (except 

2011.D(4), (10)–(12), (16), (19), (20), (23) 

and (25)), 2011.E–G, 2012, 2014.A 

(except 2014.A.3), 2017, 2019.A–C, 

2022.A (except the first sentence of 

2022.A(1)), 2022.B and C, 2023 (except 

2023.A(2) and phrase ‘‘Except as 

otherwise provided in this Subsection,’’ 

in 2023.A(1)), 2025 (except 2025.D, 

.F(3), .H and .K); Chapter 3, Sections 

2054.B(1), 2054.B(2)(a); Chapter 9, 

Sections 2180.A–C, 2183.C, and .F–.H, 

2186.A–C, 2199; Chapter 18, Section 

2417.A. 

(iii) Louisiana Administrative Code, 

Title 33, Part I, Office of The Secretary 

Part I, Subpart 1: Departmental 

Administrative Procedures: Chapter 5, 

Sections 501.A, effective October 20, 

2007, 501.B, effective October 20, 2005, 

502, effective September 20, 2008, and 

503 through 511, effective October 20, 

2005; Chapter 7, Section 705, effective 

October 20, 2006; Chapter 19, Sections 

1901 through 1909, effective November 

20, 2010; Chapter 23, Sections 2303 

through 2309, effective October 20, 

2009. 

(iv) Louisiana Administrative Code, 

Title 33, Part V, Hazardous Waste and 

Hazardous Materials, Louisiana 

Hazardous Waste Regulations, dated 

September 2014, unless otherwise 

specified: Chapter 1, Sections 101, 

107.A.–C; Chapter 3, Sections 301, 

311.A, 311.C, 315 introductory 

paragraph, 323.B.3; 323.B.4.d and e; 

Chapter 5, Section, 503; Chapter 7, 

Sections 703, 705, 707, 709 through 721; 

and Chapter 22, Sections 2201.A, 

2201.E, 2201.F. 

(3) The following statutory and 

regulatory provisions are broader in 

scope than the Federal program, are not 

part of the authorized program, and are 

not incorporated by reference: 

(i) Louisiana Statutes Annotated, 

Revised Statutes, 2000 Main Volume 

(effective August 15, 1999), Volume 

17B, Subtitle II of Title 30, Louisiana 

Environmental Quality Act, 2000: 

Chapter 9, Sections 2178 and 2197. 

(ii) Louisiana Statutes Annotated, 

Revised Statutes, 2014 (effective August 

1, 2013) Cumulative Annual Pocket 

Part, Volume 17B, Subtitle II of Title 30, 

Louisiana Environmental Quality Act: 

Chapter 2, Sections 2014.B and D. 

(iii) Louisiana Administrative Code, 

Title 33, Part I, Office of The Secretary 

Part I, Subpart 1: Departmental 

Administrative Procedures: Chapter 19, 

Section 1911, effective November 20, 

2010. 

(iv) Louisiana Administrative Code, 

Title 33, Part V, Hazardous Waste And 

Hazardous Materials, Louisiana 

Hazardous Waste Regulations, dated 

September 2014, unless otherwise 

specified: Chapter 1, Section, 108.G.5; 

Chapter 3, Section 327; Chapter 11, 

Sections 1101.G and 1109.E.7.f ; Chapter 

13, Section 1313; Chapter 51. 

(4) Unauthorized State Amendments. 

(i) Louisiana has adopted but is not 

authorized to implement the HSWA 

rules that are listed in the Table in lieu 

of the EPA. The EPA will enforce the 

Federal HSWA standards for which 

Louisiana is not authorized until the 

State receives specific authorization 

from EPA. 

Federal 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 

Council Decision (HSWA).

61 FR 16290 .................................. April 12, 1996. 

(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. 

State provision Effective date of 

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): 


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Federal requirement Federal Register reference Publication date 

Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168— 

40 CFR 261.4(a)(16) and 261.38 only).

63 FR 33782 ....................................... June 19, 1998. 

Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification 

System to Produce Synthesis Gas (Checklist 216—Definition of ‘‘Gasification’’ at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i)).

73 FR 57 ............................................. January 2, 2008. 

Withdrawal of the Emission Comparable Fuel Exclusion under RCRA 

(Checklist 224—amendments to 40 CFR 261.4(a)(16) and 261.38).

7 FR 33712 ......................................... June 15, 2010. 

(6) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 6 and the State of 

Louisiana, signed by the Secretary of the 

State of Louisiana Department of 

Environmental Quality (LDEQ) on 

October 30, 2014 and the EPA Regional 

Administrator on August 21, 2015 is 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

(7) Statement of Legal Authority. 

‘‘Attorney General’s Statement for Final 

Authorization’’, signed by the Attorney 

General of Louisiana on December, 13, 

1996 and revisions, supplements and 

addenda to that Statement dated January 

13, 1998, January 13, 1999, January 27, 

1999, August 19, 1999, August 29, 2000, 

October 17, 2001, February 25, 2003, 

October 20, 2004, December 19, 2005, 

September 5, 2006, October 9, 2008, 

January 14, 2010, April 18, 2012, and 

June 11, 2014 are referenced as part of 

the authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(8) Program Description. The Program 

Description and any other materials 

submitted as part of the original 

application or as supplements thereto 

are referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

■ 3. Appendix A to part 272 is amended 

by revising the listing for ‘‘Louisiana’’ to 

read as follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

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, 


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2233, 2236, 2237, 2245.A–I.; 2246; 2247 

(except 2247.G and .H); 2299 Appendix 

(except Tables 4 and 12); 

Chapter 23—Waste Piles, Sections 2301 

through 2313; 2315 (except the word ‘‘either’’ 

at the end of 2315.B introductory paragraph; 

the word ‘‘or’’ at the end of 2315.B.1; and 

2315.B.2); 2317; 

Chapter 24—Hazardous Waste Munitions 

And Explosives Storage, Sections 2401 

through 2405; 

Chapter 25—Landfills, Sections 2501 

through 2523; 

Chapter 26—Corrective Action 

Management Units And Temporary Units, 

Sections 2601 through 2607; 

Chapter 27—Land Treatment, Sections 

2701 through 2723; 

Chapter 28—Drip Pads, Sections 2801 

through 2807; 2809 (except the word ‘‘either’’ 

at the end of 2809.B introductory paragraph; 

the word ‘‘or’’ at the end of 2809.B.1; and 

2809.B.2); 

Chapter 29—Surface Impoundments, 

Sections 2901 through 2909; 2911 (except the 

word ‘‘either’’ at end of 2911.B introductory 

paragraph and 2911.B.1); 2913 through 2919; 

Chapter 30—Hazardous Waste Burned In 

Boilers And Industrial Furnaces, Sections 

3001 through 3007; 3009 (except reserved 

provision); 3011 through 3025; 3099 

Appendices A through L; 

Chapter 31—Incinerators, Sections 3101 

through 3121; 

Chapter 32—Miscellaneous Units, Sections 

3201; 3203; 3205; 3207 (except 3207.C.2); 

Chapter 33—Groundwater Protection, 

Sections 3301 through 3321; 3322 (except 

3322.D); 3323; 3325; 

Chapter 35—Closure and Post-Closure, 

Sections 3501 through 3505; 3507 (except 

3507.B); 3509 through 3519; 3521 (except 

3521.A.3); 3523 through 3527; 

Chapter 37—Financial Requirements, 

Sections 3701 through 3719; 

Chapter 38—Universal Wastes, Sections 

3801 through 3811; 3813 (except ‘‘Mercurycontaining Lamp’’); 3815 through 3833; 3835 

(except the phrase ‘‘, other than to those 

OECD countries . . . requirements of LAC 

33:V.Chapter 11.Subchapter B),’’ at 3835.A 

introductory paragraph); 3837 through 3855; 

3857 (except the phrase 

‘‘, other than to those OECD countries . . . 

requirements of LAC 33:V.Chapter 

11.Subchapter B),’’ at 3857.A introductory 

paragraph); 3859 through 3869; 3871 (except 

the phrase ‘‘other than to those OECD 

countries . . . requirements of LAC 

33:V.Chapter 11.Subchapter B)’’ at 3871.A 

introductory paragraph); 3873 through 3877; 

3879 (except 3879.B); 3881; 3883; 

Chapter 40—Used Oil, Sections 4001 

through 4093; 

Chapter 41—Recyclable Materials, Sections 

4101; 4105 (except.A.1.a.i and ii, and .A.4); 

4139; 4141; 4143 (except the word ‘‘and’’ at 

the end of 4143.B.4; and 4143.B.5); 4145; 

Chapter 42—Conditional Exemption for 

Low-Level Mixed Waste Storage and 

Disposal, Sections 4201 through 4243; 

Chapter 43—Interim Status, Sections 

4301.A; 4301.B (June 1995); 4301.B; 4301.C 

(June 1995); 4301.C –.I; 4302 through 4371; 

4373 (except the last two sentences ‘‘The 

administrative authority . . . as 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 106 

[Docket No. USCG–2015–0086] 

RIN 1625–AC23 

Requirements for Vessels With 

Registry Endorsements or ForeignFlagged Vessels That Perform Certain 

Aquaculture Support Operations 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; information 

collection approval. 

SUMMARY: The Coast Guard announces 

that it has received approval from the 

Office of Management and Budget 

(OMB) for an information collection 

request associated with the 

Requirements for Vessels with Registry 

Endorsements or Foreign-Flagged 

Vessels that Perform Certain 

Aquaculture Support Operations final 

rule we published in the Federal 

Register on September 15, 2016. In that 

rule, we stated the final rule will impose 

a new information collection 

requirement and that we would submit 

this new information collection 

requirement to OMB for its review. 

OMB approved this new collection of 

information on September 28, 2016, and 

assigned it OMB Control Number 1625– 

0126. 

DATES: On September 28, 2016, the 

Office of Management and Budget 

(OMB) approved the Coast Guard’s 

collection of information request 

associated with the Requirements for 

Vessels with Registry Endorsements or 

Foreign-Flagged Vessels that Perform 

Certain Aquaculture Support Operations 

final rule published on September 15, 

2016 at 81 FR 63420. OMB’s approval 

for this collection of information expires 

on September 30, 2019. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. David Belliveau, Fishing 

Vessels Division (CG–CVC–3), U.S. 

Coast Guard; telephone 202–372–1247, 

email David.J.Belliveau@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Viewing Items Associated With This 

Document 

To view OMB’s approval memo or the 

Requirements for Vessels with Registry 

Endorsements or Foreign-Flagged 

Vessels that Perform Certain 

Aquaculture Support Operations final 

rule, go to www.regulations.gov, type 

the docket number, USCG–2015–0086, 

in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ in the first item listed. Use the 

following link to go directly to the 

docket: http://www.regulations.gov/ 

docket?D=USCG–2015–0086. 

Background 

On September 15, 2016, the Coast 

Guard published a final rule (81 FR 

63420) that implemented Requirements 

for Vessels with Registry Endorsements 

or Foreign-Flagged Vessels that Perform 

Certain Aquaculture Support 

Operations. Section 46 CFR 106.115 in 

that rule contains a collection-ofinformation provision that requires 

approval by OMB under the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501– 

3520. On September 28, 2016, OMB 

approved the Coast Guard’s collection of 

information request for this final rule 

and assigned OMB Control Number 

1625–0126 to the collection. The 

approval for this collection of 

information expires on September 30, 

2019. 

This document is issued under the 

authority of 5 U.S.C. 552(a). 


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