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[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Rules and Regulations]
[Pages 37021-37025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15876]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2010-0307; FRL-9323-9]

Louisiana: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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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 Federal Register will serve as a 
proposal to authorize the changes.

DATES: This final authorization will become effective on August 23, 
2011 unless the EPA receives adverse written comment by July 25, 2011. 
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. E-mail: 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

[[Page 37022]]

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 e-mail. 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 e-mail comment 
directly to the EPA without going through regulations.gov, your e-mail 
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 E-mail 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 
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

[[Page 37023]]

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 and May 
20, 2009 (74 FR 23645) effective July 20, 2009. On January 29, 2010, 
Louisiana applied for approval of its program revisions for RCRA 
Cluster XVIII including Checklist 209 (Universal Waste Rule: Specific 
Provisions for Mercury-Containing Equipment).
    In this application, Louisiana is seeking approval for RCRA 
Checklists 209 and 216 through 218 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 Recovery and Conservation 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 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: 209, 216, 217 and 218 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.

G. What changes are we authorizing with today's action?

    On January 29, 2010 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 XVIII including 
Cluster XVI Checklist 209 as documented in this Federal Register:

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  Description of Federal requirement    Federal Register date and
   (include checklist , if         page (and/or RCRA                Analogous state authority
               relevant)                   statutory authority)
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1. Universal Waste Rule: Specific       70 FR 45508-45522 August   Louisiana Revised Statutes (LRS) 30: Section
 Provisions for Mercury Containing       5, 2005.                   2001 et seq., with specific cites of 2174,
 Equipment. (Checklist 209).                                        2175, and 2180 effective December 31, 2004;
                                                                    Louisiana Environmental Regulatory Code, 33
                                                                    Part V. Subpart 1 Hazardous Waste and
                                                                    Hazardous Materials Sections 3813, 105.D.7.c
                                                                    1501.C.11.c, 4301.C.13.c, 2201.I.5.c,
                                                                    305.C.11.c, 3801.A, 3807.A-B, 3807.B.1-2,
                                                                    3807.C.1-2, 3813, 3821.C, 3821.C.1-2,
                                                                    3821.C.2, 3821.C.2.a-c, 3821.C.2.d-g,
                                                                    3821.C.2.h, 3821.C.4, 3821.C.4.a-b,
                                                                    3821.C.3, 3821.C.3.a-b, 3823.A.4, 3823.A.5,
                                                                    3841.B.4-5, 3843.C, 3843.C.1-2, 3843.C.2.a-
                                                                    c, 3843.C.2.d-g, 3843.C.2.h, 3843.C.4,
                                                                    3843.C.4.a-b, 3843.C.3, 3843.C.3.a-b, and
                                                                    3845.A.4-5, as amended December 20, 2005,
                                                                    effective September 20, 2009.
2. Exclusion of Oil-Bearing Secondary   73 FR 57-72 January 2,     Louisiana Revised Statutes (LRS) 30: Section
 Materials Processed in a Gasification   2008.                      2001 et seq., with specific cites of 2174,
 System to Produce Synthesis Gas.                                   2175, and 2180 effective December 31, 2004;
 (Checklist 216).                                                   Louisiana Environmental Regulatory Code, 33
                                                                    Part V. Subpart 1 Hazardous Waste and
                                                                    Hazardous Materials Sections 109, 109, see
                                                                    definition for Gasification, and
                                                                    105.D.1.l.i, as amended December 20, 2005,
                                                                    effective June 20, 2009.
3. NESHAP: Final Standards for          73 FR 18970-18984 April    Louisiana Revised Statutes (LRS) 30: Section
 Hazardous Waste Combustors (Phase I     8, 2008.                   2001 et seq., with specific cites of 2174,
 Final Replacement Standards and Phase                              2175, and 2180 effective December 31, 2004;
 II) Amendments. (Checklist 217).                                   Louisiana Environmental Regulatory Code, 33
                                                                    Part V. Subpart 1 Hazardous Waste and
                                                                    Hazardous Materials Sections 3105.B.1 and
                                                                    3001.B.3, as amended December 20, 2005,
                                                                    effective June 20, 2009.

[[Page 37024]]

 
4. F019 Exemption for Wastewater        73 FR 31756-31769 June 4,  Louisiana Revised Statutes (LRS) 30: Section
 Treatment Sludges from Auto             2008.                      2001 et seq., with specific cites of 2174,
 Manufacturing Zinc Phosphating                                     2175, and 2180 effective December 31, 2004;
 Processes. (Checklist 218).                                        Louisiana Environmental Regulatory Code, 33
                                                                    Part V. Subpart 1 Hazardous Waste and
                                                                    Hazardous Materials Sections Chapter 49
                                                                    Table 1, 4901.B.Table.1, 4901.B.2.d and
                                                                    4901.B.2.d.i-ii, as amended December 20,
                                                                    2005, effective June 20, 2009.
----------------------------------------------------------------------------------------------------------------

H. Where are the revised State rules different from the Federal rules?

    In this authorization of the State of Louisiana program revisions 
for Cluster XVIII 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.

L. 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 23, 2011.

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,

[[Page 37025]]

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 8, 2011.
Al Armendariz,
Regional Administrator. Region 6.
[FR Doc. 2011-15876 Filed 6-23-11; 8:45 am]
BILLING CODE 6560-50-P
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