Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 45061 

§ 165.T09–0832 Safety Zone; Head of the 

Buffalo Regatta; Buffalo River, Buffalo, NY. 

(a) Location. The safety zone will 

encompass all waters of the Buffalo 

River, Buffalo, NY, beginning at position 

42°52′19.4′′ N, 78°52′25.3′′ W to 

42°51′36.7′′ N, 78°50′56.0′′ W. 

(b) Enforcement Period. This rule is 

effective from 8:00 a.m. until 6:30 p.m. 

on October 20, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: August 28, 2018. 

Joseph S. Dufresne, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2018–19192 Filed 9–4–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2018–0395; FRL–9982– 

64—Region 6] 

Louisiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Louisiana 

Department of Environmental Quality 

(LDEQ) has applied to the 

Environmental Protection Agency (EPA) 

for final authorization of the changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The EPA has reviewed 

Louisiana’s application, and has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is proposing to 

authorize the State’s changes. The EPA 

is seeking public comment prior to 

taking final action. 

DATES: Comments on this proposed rule 

must be received by October 5, 2018. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: patterson.alima@epa.gov. 

• Fax: (214) 665–6762 (prior to 

faxing, please notify Alima Patterson at 

(214) 665–8533). 

• Mail: Alima Patterson, Regional 

Authorization/Codification Coordinator, 

RCRA Permit Section (6MM–RP), 

Multimedia Division, EPA Region 6, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

• Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Regional Authorization/Codification 

Coordinator, RCRA Permit Section 

(6MM–RP), Multimedia Division, EPA 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733. 

Instructions: EPA must receive your 

comments by October 5, 2018. Direct 

your comments to Docket ID Number 

EPA–R06–RCRA–2018–0395. The EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov, or email. The 

Federal regulations.gov website 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 CD 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. (For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at http:// 

www.regulations.gov). 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov, or in hard copy. 

You can view and copy Louisiana’s 

application and associated publicly 

available materials from 8:30 a.m. to 

4:00 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, Suite 1200, Dallas, Texas 

75202–2733, phone number (214) 665– 

8533. The public is advised to call in 

advance to verify business hours. 

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/Codification Coordinator, 

Permit Section (6MM–RP), Multimedia 

Division, (214) 665–8533, EPA Region 6, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733, 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 


daltland on DSKBBV9HB2PROD with PROPOSALS
45062 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 

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 the EPA made 

in this rule? 

On March 13, 2018, the State of 

Louisiana submitted a final complete 

program revision application seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated on January 13, 2015, April 

8, 2015 and April 17, 2015, RCRA 

Cluster XXIV (Checklists 233A, 233B, 

233C, 233D2, 233E, 234 and 235), as 

well as state-initiated changes. The EPA 

has reviewed Louisiana’s application to 

revise its authorized program and has 

made a tentative decision that it meets 

all of the statutory and regulatory 

requirements established by RCRA. 

Therefore, we propose to grant LDEQ 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application, except for federal 

provisions that were vacated from the 

January 13, 2015 final rule (Revisions to 

the Definition of Solid Waste (DSW)) by 

the United States Court of Appeals for 

the District of Columbia Circuit (Am. 

Petroleum Inst. v. EPA, 862 F.3d 50 

(D.C. Cir. 2017) and Am. Petroleum Inst. 

v. EPA, No. 09–1038 (D.C. Cir. Mar. 6, 

2018). 

LDEQ will continue to have 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders, 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 this proposed 

authorization decision? 

If Louisiana is authorized for these 

changes, 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. Additionally, such facilities will 

have to comply with any applicable 

federal requirements such as, for 

example, HSWA regulations issued by 

the EPA for which the State has not 

received authorization. LDEQ continues 

to have 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: 

• Conduct 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. 

The action to approve these 

provisions would not impose additional 

requirements on the regulated 

community because the regulations for 

which LDEQ is requesting authorization 

are already effective under state law, 

and are not changed by the act of 

authorization. 

D. What happens if the EPA receives 

comments on this action? 

If the EPA receives comments on this 

proposed action, we will address those 

comments in our final action. You may 

not have another opportunity to 

comment. If you want to comment on 

this proposed authorization, you must 

do so at this time. 

E. 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), 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 responded to public adverse 

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), 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; June 24, 2011(76 FR 122), 

effective August 23, 2011; June 28, 2012 

(77 FR 38530), effective August 27, 

2012, September 14, 2015 (80 FR 

55032), effective November 14, 2015 

and July 13, 2017 (82 FR 32253) 

effective September 11, 2017. On March 

13, 2018, LDEQ submitted a final 

program revision application seeking 

authorization of its program revision in 

accordance with 40 CFR 271.21. 

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 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 EPA 

regulatory requirements under 40 CFR 

271 for final authorization. The 

submittal of this application is in 


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keeping with the spirit and intent of 

RCRA, which provides equivalent States 

the opportunity to apply for final 

delegation 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. 

F. What changes is EPA proposing to 

authorize with today’s action? 

On March 13, 2018, the State of 

Louisiana submitted a final complete 

program revision application seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. 

Louisiana’s program revision 

application includes revisions to the 

federal hazardous waste program, as 

well as state-initiated changes to the 

state’s previously authorized program. 

The EPA proposes to authorize, 

subject to receipt of written comments 

that oppose this action that the State of 

Louisiana’s hazardous waste program 

revisions are equivalent to, consistent 

with, and no less stringent than the 

federal program, and therefore satisfy all 

of the requirements necessary to qualify 

for final authorization. 

1. Program Revision Changes for Federal 

Rules 

The LDEQ program revisions consist 

of regulations which specifically govern 

federal hazardous waste revisions 

promulgated on January 13, 2015, April 

8, 2015 and April 17, 2015 (RCRA 

Cluster XXIV; Checklists 233A, 233B, 

233C, 233D2, 233E, 234 and 235). 

LDEQ’s adoption of the January 13, 2015 

final rule (80 FR 1694; Revisions to the 

Definition of Solid Waste (DSW)), 

includes provisions that have been 

vacated by the United States Court of 

Appeals for the District of Columbia 

Circuit (Am. Petroleum Inst. v. EPA, 862 

F.3d 50 (D.C. Cir. 2017) and Am. 

Petroleum Inst. v. EPA, No. 09–1038 

(D.C. Cir. Mar. 6, 2018). The impact of 

the vacaturs on the Louisiana hazardous 

waste program is discussed in Section G 

of this document. We propose to grant 

Louisiana final authorization for the 

requirements which are listed in Table 

1. 

TABLE 1—PROGRAM REVISION CHANGES FOR FEDERAL RULES

Description of Federal 

requirement 

(include checklist No., 

if relevant) 

Federal Register 

date and page 

(and/or RCRA 

statutory authority) 

Analogous state authority 

1. Revisions to the Definition 

of Solid Waste. (Checklist 

233A).

80 FR 1694–1814 January 

13, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

LAC Sections 33:V.105.O.2.c, 33:V.105.O.2.c.i–v, 33:V.105.K, 33:V.105.K.2.c–e, 

33:V.105.Q, 33:V.105.Q.1, 33:V.105.Q.1.a–i and 33:V.105.Q.2, as amended June 

20, 2017. 

2. Revisions to the Definition 

of Solid Waste. (Checklist 

233B).

80 FR 1694–1814 January 

13, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

LAC Sections 33:V.109 contained, 33:V109. Hazardous secondary material, 

33:V.R.1–2, 33:V.105.R.2.a–e, 33:V.105.R.3, 33:V.105.R.3.a–b, 33:V.105.R.4, 

33:V.109.solid waste 2.c, 33:V.109.solid waste.2.d and .33:V.109.sham recycling, 

as amended June 20, 2017. 

3. Revisions to the Definition 

of Solid Waste. (Checklist 

233C).

80 FR 1694–1814 January 

13, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

LAC Section 33:V.109.V.accumulated speculatively, as amended June 20, 2017. 

4. Revisions to the Definition 

of Solid Waste. (Checklist 

233D2).

80 FR 1694–1814 January 

13, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

LAC Sections 33:V.109.facility, 33:V.109 Hazardous secondary material generator, 33:V.109 Intermediate facility, 33:V.109 Land-based unit, 33:V.109 Transfer 

facility, 33:V.105.O.1, 33: V.105.O.1.b, 33: V.105.O.1.d, 33: V.105.O.1.e, 

33:V.105.O.1.b, 33:V.105.O.1.d, LAC 33:V.105.O.1.e, 33:V.105.K.2, 33: 

V.105.K.2.a, 33:V.105.K.3, 33:V.105.K.3.a , 33:V.105.K.3.b, 33:105.K.3.b.i–iv, 

33:V.105.K.3.c, 33:V.105.K.3.c.i–v, 33:V.109.solid waste, 33:V.109.solid waste 

Table 1, 33:V.105.D.1.x, 33:V.105.D.1.x.i–ix, 33:V.105.D.1.y.vi.(f)—incorporate by 

reference 40 CFR part 261, subpart H (Financial Requirements for Management 

of Excluded Hazardous Secondary Materials), 33:V.105.D.1.y.vi.(e)—incorporate 

by reference 40 CFR part 261, subpart M (Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials) and 33: 

V.322.A, as amended June 20, 2017. 

5. Revisions to the Definition 

of Solid Waste. (Checklist 

233E).

80 FR 1694–1814 80 FR 

January 13, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

LAC Sections 33:V.109. remanufacturing, 33:V.109.solid waste, and 

33:V.105.D.1.z incorporate by reference 40 CFR 261.4(a)(27) and part 261, subparts I, J, AA, BB and CC, as amended June 20, 2017. 

6. Response to Vacaturs of 

the Comparable Fuels 

Rule and Gasification 

Rule. (Checklist 234).

80 FR 18777–18780 April 

8, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

Sections LAC 33:V.109.Gasification (Repealed), 33:V.105.D.1.l.i, 33: V.105.D.1.q 

(Reserved), as amended June 20, 2017. 

7. Disposal of Coal Combustion Residuals from Electric Utilities. (Checklist 

235).

80 FR 21302–21501 April 

17, 2015.

Environmental Regulatory Code, Louisiana Department of Environmental Quality, 

ERC Title 33, Part V. Hazardous Waste and Hazardous Materials Subpart 1. 

LAC Sections 33:V.105.D.2.d.(i)–(ii), and 33:V.105.D.2.d.(ii)(a)–(h), as amended 

June 20, 2017. 


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45064 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 

2. State-Initiated Changes 

In addition to adopting the federal 

program revisions discussed in Section 

F.1, LDEQ has made amendments to its 

regulations that are not directly related 

to any of the federal rules addressed in 

Item F.1. These changes are categorized 

as follows: (a) Changes to clarify 

previously authorized provisions; (b) redesignations and changes made to 

conform to the renumbering of state 

provisions, including corrections to 

internal references and other 

typographical errors; (c) new provisions 

added for equivalency to federal 

provisions; and (d) removal of 

provisions in order to clarify the state’s 

regulations, or correct errors or 

duplications. 

LDEQ submitted these state-initiated 

amendments under the requirements of 

40 CFR 271.21(a) and included 

provisions from the Louisiana 

Administrative Code, Title 33, Part V, 

Hazardous Waste and Hazardous 

Material, Louisiana Hazardous Waste 

Regulations (LHWR), as amended 

effective through January 20, 2018. The 

state’s regulations, as amended by these 

provisions, provide authority which 

remains equivalent to, and no less 

stringent than the federal laws and 

regulations. The EPA has reviewed the 

state-initiated changes and have 

determined they satisfy the 

requirements of 40 CFR 271.21(a). 

We are proposing to grant LDEQ final 

authorization to carry out the state’s 

hazardous waste program, as amended 

by the state-initiated changes, in lieu of 

the federal program. In the Tables 

below, LDEQ provisions annotated with 

an asterisk are different from the Federal 

program; details are discussed in 

Section G. Unless otherwise indicated, 

the State provisions listed in the Tables 

in this section are analogous to the 

indicated RCRA regulations found at 40 

CFR as of July 1, 2015. (Note: Some of 

the state provisions have no direct 

federal analog but are related to 

particular paragraphs, sections, or parts 

of the federal hazardous waste 

regulations.) 

(a) Changes To Clarify Previously 

Authorized Provisions 

The following state provisions contain 

state-initiated changes that clarify 

previously authorized provisions to 

ensure equivalency to the federal 

regulations or make the state’s 

regulations more internally consistent. 

TABLE 2a—CHANGES TO CLARIFY PREVIOUSLY AUTHORIZED PROVISIONS TO ENSURE CONSISTENCY AND EQUIVALENCY

State requirement Analogous Federal requirement 

309.L.8 ...................................................................................................... 270.30(L)(7). 

705.B introductory paragraph * ................................................................. 124.15(b) introductory paragraph.

1103 introductory paragraph .................................................................... 262.11 introductory paragraph. 

1107.B.1.b ................................................................................................ 262, Appendix, Items 6 and 7. 

1515.A.4 ................................................................................................... 264.16(a) related. 

1516.B.5 ................................................................................................... 264.71(a)(3). 

1516.B.2.d ................................................................................................ 264.71(b)(4). 

3301.G ...................................................................................................... 264.90(f). 

3511.C.2.c and .d ..................................................................................... 264.112(c)(2)(iii) and (iv). 

4037.A introductory paragraph ................................................................. 279.46(a) introductory paragraph.

4053.A introductory paragraph ................................................................. 279.56(a) introductory paragraph.

4053.B introductory paragraph ................................................................. 279.56(b) introductory paragraph.

4071.A introductory paragraph ................................................................. 279.65(a) introductory paragraph.

4085.A introductory paragraph ................................................................. 279.74(a) introductory paragraph.

4105.A.1 a ................................................................................................ 261.6(a)(3)(i). 

4407.A.12 ................................................................................................. 265.145(a)(12). 

4501.D introductory paragraph ................................................................. 265.310(d) introductory paragraph. 

(b) Redesignations, Revisions to Internal 

References and Correction of 

Typographical Errors 

The following state provisions contain 

state-initiated changes made to conform 

to the renumbering of state provisions, 

including corrections to internal 

references and the redesignation of 

existing provisions to correct 

provisions’ numbering in keeping with 

the numbering scheme of Louisiana’s 

regulations. Except for the changes at 

108.F.4, 108.F.6, 108.G4 and 108.G.6, 

the changes were made without 

affecting the stringency of the state’s 

currently authorized program. 

TABLE 2b—REDESIGNATIONS AND CORRECTIONS TO INTERNAL REFERENCES AND OTHER ERRORS

State requirement Analogous Federal requirement 

108.F.4 * and F.6 * .................................................................................... 261.5(f) related. 

108.G.4 * and G.6 * ................................................................................... 261.5(g) related. 

517.T.4.c.i ................................................................................................. 270.14(c)(4)(i). 

1103.D [was 1103.C] ................................................................................ 262.11(d). 

1903.C and .D [were 1903.B.5.c and .d] ................................................. 264.191(c) and (d). 

1109.E.1.a.i ............................................................................................... 262.34(a)(1)(i). 

1109.E.7.a ................................................................................................ 262.34(d)(2). 

1109.E.12 ................................................................................................. 262.34(i). 

1529.E introductory paragraph ................................................................. 264.77 introductory paragraph. 

1751.C.4.b ................................................................................................ 264.1082(c)(4)(ii). 

1901.E ...................................................................................................... 262.34(a)(1)(ii) related. 

2203.A ‘‘Inorganic metal bearing waste’’ ................................................. 268.2(j). 

2207.C introductory paragraph ................................................................. 268.3(c). 

2209.C ...................................................................................................... 268.30(c). 

2211.C ...................................................................................................... 268.31(a)(1), 268.31(c). 

2216.D ...................................................................................................... 268.34. 


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TABLE 2b—REDESIGNATIONS AND CORRECTIONS TO INTERNAL REFERENCES AND OTHER ERRORS—Continued 

State requirement Analogous Federal requirement 

2221.E.3 ................................................................................................... 268.38. 

2221.F.5 .................................................................................................... 268.39(e)–(g). 

2299, Table 2, Footnote 11 ...................................................................... 268 related, No direct federal analog. 

2299, Table 11 ......................................................................................... 268, Appendix VII, Table 1. 

3001.B.2.e ................................................................................................ 266.100(b)(2)(v). 

3203 introductory paragraph .................................................................... 264.601 introductory paragraph. 

4301.C [was 4301.B] ................................................................................ 265.1(b). 

4301.D–D.13.d [was 4301.C–C.13.d] ....................................................... 265.1(c)–265.1(c)(14)(iv). 

4301.D.13.e and (f) [was 4301.C.13.f and (f)] ......................................... 265.1(c)(14) related; No direct Federal analog. 

4301.E–.G [were 4301.D–.F] .................................................................... 270.70(a) and (c). 

4301.H [was 4301.G] ................................................................................ 265.1(d). 

4301.I [was 4301.H] ................................................................................. 270.70(b). 

4301.J [was 4301.I] .................................................................................. 265.1(f). 

4399.A.9 [was 4399.A.8] .......................................................................... 265.141(h). 

4513.B.2 ................................................................................................... 265.340(b)(3). 

(c) New State Provisions Added for 

Equivalency to Federal Provisions 

LDEQ has adopted the following 

provisions in order to be equivalent to 

federal regulations. These state 

provisions had either not been 

previously adopted by the state, 

incorrectly adopted, or had been 

inadvertently removed from the state’s 

regulations. 

TABLE 2c—STATE PROVISIONS ADDED FOR EQUIVALENCY

State requirement Analogous Federal requirement 

1103.C ...................................................................................................... 262.11(b). 

1109.E.1.a.iv.(b) ....................................................................................... 262.34(a)(1)(iv)(B). 

1516.B.6 ................................................................................................... 264.71(e). 

1907.G.2.d ................................................................................................ 264.193(g)(2)(iv). 

2245.L ....................................................................................................... 268.7(a)(10). 

4301.B ...................................................................................................... 270.70(a). 

4399.A.8 ................................................................................................... 265.141(f) ‘‘current plugging and abandonment cost estimate’’. 

4501.D.3 ................................................................................................... 265.340(b)(2). 

(d) Removal of Provisions To Clarify 

State Regulations or Correct Errors 

LDEQ has removed the following 

provisions in order to clarify the state’s 

regulations because they were not part 

of the authorized program, or correct 

errors or duplications, making the state 

regulations more internally consistent 

and more consistent with federal. The 

removed provisions can be found in 

Louisiana Administrative Code, Title 

33, Part V, Hazardous Waste and 

Hazardous Materials, Louisiana 

Hazardous Waste Regulations (LHWR), 

as amended effective through April 

2016. 

TABLE 2d—STATE PROVISIONS THAT HAVE BEEN REMOVED

State requirement Analogous Federal requirement 

537.B.2.f ................................................................................................... 270.66 related; No federal analog [not part of authorized program]. 

537.B.2.l .................................................................................................... 270.66 related; No federal analog [not part of authorized program]. 

1516.B.5.a and b ...................................................................................... 264.71(e) [unnecessary or incomplete duplicate]. 

2201.G.3 ................................................................................................... 268.1 related [not part of authorized program]. 

2203.A ‘‘Treatment’’ .................................................................................. 268.2 related, no analog in Part 268 [not part of authorized program]. 

2221.A & .B .............................................................................................. 268.13 related [not part of authorized program]. 

2227.B ...................................................................................................... 268.42(b) [non-delegable; not part of authorized program]. 

2231.A and .B ........................................................................................... 268.44(a) and (b) [non-delegable; not part of authorized program]. 

2231.C and .D .......................................................................................... 268.44(d) and (e) [non-delegable; not part of authorized program]. 

2231.E and .F ........................................................................................... 268.44(f)–(g) [non-delegable; not part of authorized program]. 

2239 .......................................................................................................... 268.5 [non-delegable; not part of authorized program]. 

2241 .......................................................................................................... 268.6 [non-delegable; not part of authorized program]. 

2299, Table 4 ........................................................................................... 268 related, No direct federal analog [not part of authorized program]. 

2299, Table 12 ......................................................................................... 268, Appendix XI [unnecessary or incomplete duplicate]. 

3511.C.5 ................................................................................................... 264.112(c)(2)(iv) [unnecessary or incomplete duplicate]. 

4301.C ...................................................................................................... 265.1(b) & (c) related; 270.70(a) related [unnecessary or incomplete 

duplicate]. 

4301.C.14 ................................................................................................. 265.1(f) [unnecessary or incomplete duplicate]. 

4399.A.6.i ‘‘current plugging and abandonment cost estimate’’ .............. 265.141(f) ‘‘current plugging and abandonment cost estimate’’ [unnecessary or incomplete duplicate]. 

4399.A.7 ‘‘current plugging and abandonment costs’’ ............................. 265.141(f) ‘‘current plugging and abandonment cost estimate’’ [unnecessary or incomplete duplicate]. 


daltland on DSKBBV9HB2PROD with PROPOSALS
45066 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 

aEPA issued a final rule referred to as the 

Transfer Base Exclusion reflecting the Court’s 

ruling, see 83 FR 24664 (May 30, 2018). 

bThe Federal Register citation for the ‘‘2015 DSW 

rule’’ is 80 FR 1694, January 13, 2015, and for the 

‘‘2008 DSW rule’’ is 73 FR 64668, October 30, 2008. 

TABLE 2d—STATE PROVISIONS THAT HAVE BEEN REMOVED—Continued 

State requirement Analogous Federal requirement 

4999, Appendix F ..................................................................................... 265.73 related, No direct federal analog [not part of authorized program]. 

G. Where are the revised state rules 

different from the Federal rules? 

1. Evaluation and Analysis on When 

State Regulations Are More Stringent or 

Broader in Scope Than the Federal 

Regulations 

Under 40 CFR 271.1(i), EPA allows 

states to (1) adopt and enforce 

requirements which are more stringent 

or more extensive than those required 

by the federal RCRA program, and (2) 

operate a program with a greater scope 

of coverage than that required by the 

federal program. To determine whether 

particular state provisions are more 

stringent or broader in scope, EPA uses 

the December 23, 2014 guidance 

document: ‘‘Determining Whether State 

Hazardous Waste Requirements are 

More Stringent or Broader in Scope than 

the Federal RCRA Program.’’ In the 

guidance document, EPA uses a twopart test to determine if state regulations 

are MS or BIS. The two-part test 

requires that the following questions be 

answered sequentially: 

a. Does imposition of the particular 

state requirement increase the size of 

the regulated community or universe of 

wastes beyond what is covered by the 

federal program through either directly 

enforceable requirements or certain 

conditions for exclusion? 

b. Does the particular requirement 

under review have a counterpart in the 

federal regulatory program? 

If the answer to the first part of the 

test is yes, then the state requirement is 

generally considered broader in scope. If 

the answer is no, then EPA uses the 

second part of the test to determine 

whether the state requirement is more 

stringent or broader in scope. If the state 

requirement has a counterpart in the 

federal program, the state requirement is 

classified as more stringent. However, if 

the state requirement does not have a 

counterpart, it is classified as broader in 

scope. 

State provisions that are broader in 

scope are not part of the federally 

authorized program and thus, are not 

federally enforceable. 

2. Louisiana Requirements That Are 

Broader in Scope Than the Federal 

Program 

LDEQ has adopted the Revisions to 

the Definition of Solid Waste (DSW) 

Rule published on January 13, 2015 (80 

FR 1694). However, the Court of 

Appeals for the District of Columbia 

Circuit, Am. Petroleum Inst. v. EPA, 862 

F.3d 50 (D.C. Cir. 2017) and Am. 

Petroleum Inst. v. EPA, 883F.3d 918 

(D.C. Cir. 2018) vacated certain aspects 

of the 2015 federal DSW rule and 

replaced them with provisions from the 

2008 DSW rule, see 73 FR 64668 

(October 30, 2008). The Court (1) 

vacated the federal 2015 verified 

recycler exclusion for hazardous waste 

that is recycled off-site (except for 

certain provisions) (40 CFR 261.4(a)(24)) 

and the associated provisions at 40 CFR 

260.30(f) and 260.31(d); (2) reinstated 

the transfer-based exclusion at 

261.4(a)(24) and (25) from the 2008 rule 

to replace the now vacated 2015 verified 

recycler exclusion; (3) vacated Factor 4 

of the 2015 definition of legitimate 

recycling in its entirety (40 CFR 

260.43(a)(4)); and (4) reinstated the 2008 

version of Factor 4 at 40 CFR 

260.43(c)(2) to replace the now-vacated 

2015 version of Factor 4. 

In order to determine whether the 

State of Louisiana regulations are more 

stringent or broader in scope than the 

federal RCRA program, the EPA used 

the two-part test described in Section 

G.1. With respect to the first test, 

Louisiana regulates the same size of the 

regulated community and the same 

universe of hazardous secondary 

materials as the federal RCRA program. 

With respect to the second test, EPA has 

determined that the following State of 

Louisiana provisions from the 2015 

federal DSW rule are broader in scope: 

Louisiana Administrative Code (LAC), 

Title 33, Part V, sections 105.O.1.f 

[260.30(f)], 105.O.2.d [260.31(d)], 

105.D.1.y [261.4(a)(24)] with respect to 

the verified recycler exclusion and 

105.R.5 [260.43(a)(4)] with respect to 

Factor 4 definition of legitimate 

recycling. 

Due to the vacatur of certain 2015 

federal DSW provisions and the 

reinstatement of 2008 federal DSW 

provisions, EPA’s regulations do not 

include the provisions that were vacated 

by the Court.a Louisiana has adopted 

these vacated provisions, including the 

vacated 2015 DSW Factor 4 in the 

definition of legitimate recycling of 

hazardous secondary material and the 

verified recycler exclusion.b As a result 

of the federal vacatur, the Louisiana 

provisions at LAC:33.V.105.O.1.f, 

105.O.2.d, 105.D.1.y and 105.R.5 have 

no direct analogs in the federal 

regulations. December 23, 2014 

guidance supports this conclusion. On 

page 6, EPA gives this example ‘‘. . . 

Further, if a state adopts a federal solid 

or hazardous waste exclusion, but adds 

additional conditions that must be met 

for the state exclusion to apply, those 

additional conditions would be 

considered outside the scope of the 

federal program and would not be part 

of the federally authorized program, 

although the entity would still be 

subject to federal enforcement regarding 

the part of the state regulations which 

track the federal conditions.’’ Following 

the vacatur of portions of the federal 

rules, Louisiana’s program effectively 

contains additional conditions that must 

be met for the exclusion to apply. This 

makes the State’s additional provisions 

broader in scope and not part of the 

federally authorized program, see 40 

CFR part 271.1(i)(2). 

The LDEQ provisions that are broader 

in scope than the federal regulations are 

not part of the program being proposed 

to be authorized by today’s action. EPA 

cannot enforce requirements that are 

broader in scope, although compliance 

with such provisions is required by 

Louisiana law. For the purposes of 

RCRA section 3009, the Agency has 

determined that the broader in scope 

provisions are more protective/stricter, 

thus being within the State’s authority 

to maintain them as part of the State’s 

RCRA program. We make this 

determination due to the fact that the 

broader in scope provisions in 

Louisiana’s verified recycler exclusion 

require additional conditions to be met 

in order to qualify for the exclusion 

when compared to the reinstated 

transfer based exclusion found in 83 FR 

24664 (May 30, 2018). 

3. Louisiana Requirements That Are 

More Stringent Than the Federal 

Program 

Louisiana’s regulations contain 

certain provisions that are more 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 45067 

stringent than is required by the RCRA 

program. At LAC 33:V.108.F.4 and 

108.F.6, LDEQ requires that in order to 

be excluded from full regulation, 

conditionally-exempt small quantity 

generators who generate acute 

hazardous waste in quantities less than 

or equal to the specified quantity 

limitations must comply with the listed 

notification, EPA ID number, and 

container labeling requirements. LDEQ 

also has the same requirements at LAC 

33:V.108.G.4 and 108.G.6 for 

conditionally-exempt small quantity 

generators who do not exceed the 

quantity limitation of 100 kg of 

hazardous waste. The federal 

regulations do not include such 

notification, EPA ID, and labeling 

requirements at 40 CFR 261.5(f) and (g). 

These provisions clearly meet the test 

for regulations that are more stringent 

than the federal requirements. This 

finding is consistent with United States 

v. Southern Union, 630 F.3d 17 (1st Cir. 

2010) and the December 23, 2014 

guidance on page 5 where it states ’’ For 

example, a state that does not recognize 

the CESQG or small quantity generators 

(SQG) categories, or that imposes 

additional requirements on CESQGs or 

SQGs, is not increasing the size of the 

regulated community, since these 

generators are managing wastes that are 

regulated as hazardous at the federal 

level. CESQGs and SQGs are subject to 

regulation under the federal program in 

40 CFR 261.5 and 40 CFR part 262, 

respectively. While the requirements 

imposed on these entities are not as 

extensive as those for large quantity 

generators (LQGs), CESQGs and SQGs 

are regulated entities under the federal 

program.’’ Also see page 7 of the 2014 

guidance, where EPA further states that 

these additional requirements are 

considered more stringent because they 

cover the same universe of waste 

handlers as the EPA rules. 

4. Revisions to State Procedural 

Provisions 

LDEQ has revised the introductory 

paragraph of LAC 33:V.705.B to allow a 

final permit decision, or a decision to 

deny a permit for the active life of a 

hazardous waste management facility, to 

become effective upon issuance rather 

than 30 days after the service of notice 

of the decision (as found in 40 CFR 

124.15(b) introductory paragraph). 

Under 40 CFR 271.14, states are not 

required to adopt 40 CFR 124.15; 

therefore, changes to this state 

procedural provision do not impact 

LDEQ’s authorized program. 

H. Who handles permits after the final 

authorization takes effect? 

The State of 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. EPA will not 

issue new permits or new portions of 

permits for the provisions listed in 

Table 1 in this document after the 

effective date of this authorization. 

The EPA will continue to implement 

and issue permits for HSWA 

requirements for which LDEQ is not yet 

authorized. 

I. How does today’s action affect Indian 

Country (18 U.S.C. 1151) in Louisiana? 

LDEQ 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. 

J. 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. 

K. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action (RCRA 

State Authorization) from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011). 

Therefore, this action is not subject to 

review by OMB. This action proposes to 

authorize State requirements pursuant 

to RCRA 3006, and imposes no 

additional requirements beyond those 

imposed by State law. Because this 

proposed rule is not subject to Executive 

Order 12866, this proposed rule is not 

subject to Executive Order 13771 (82 FR 

9339, February 3, 2017), entitled 

Reducing Regulations and Controlling 

Regulatory Costs. Accordingly, 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 proposes to 

authorize pre-existing 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 proposed 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 proposes to authorize 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 proposed 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 proposed 

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 proposed 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 proposed rule in accordance with 

the ‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 


daltland on DSKBBV9HB2PROD with PROPOSALS
45068 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 

Takings’’ issued under the Executive 

Order. This proposed 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, 

February 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 impose no 

additional requirements beyond those 

imposed by State law, and there are no 

anticipated significant adverse human 

health or environmental effects, the 

proposed rule is not subject to Executive 

Order 12898. 

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: August 28, 2018. 

David Gray, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2018–19195 Filed 9–4–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R10–RCRA–2018–0298; FRL–9983– 

15—Region 10] 

Idaho: Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Idaho has applied to the EPA 

for authorization of certain changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA), as amended. The EPA has 

reviewed Idaho’s application and has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is proposing to 

authorize the State’s changes. The EPA 

seeks public comment prior to taking 

final action. 

DATES: Comments on this proposed 

action must be received on or before 

October 5, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2018–0298 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: mccullough.barbara@

epa.gov. 

• Mail: Barbara McCullough, U.S. 

EPA, Region 10, 1200 Sixth Avenue, 

Suite 155, Mail Stop OAW–150, Seattle, 

Washington 98101. 

• Hand Delivery: Barbara 

McCullough, U.S. EPA, Region 10, 1200 

Sixth Avenue, Suite 155, Mail Stop 

OAW–150, Seattle, Washington 98101. 

Such deliveries are only accepted 

during the normal business hours of 

operation; special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–RCRA–2018– 

0298. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov 

website 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 

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 through 

www.regulations.gov, 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. For additional information 

about the EPA’s public docket visit the 

EPA Docket Center homepage at 

www.epa.gov/dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Region 10 Library, 1200 Sixth 

Avenue, First Floor Lobby, Seattle, 

Washington 98101. The EPA Region 10 

Library is open from 9:00 a.m. to noon, 

and 1:00 to 4:00 p.m. PST Monday 

through Friday, excluding legal 

holidays. The EPA Region 10 Library 

telephone number is (206) 553–1289. 

FOR FURTHER INFORMATION CONTACT: 

Barbara McCullough, U.S. EPA, Region 

10, 1200 Sixth Avenue, Suite 155, Mail 

Stop OAW–150, Seattle, Washington 

98101, email: mccullough.barbara@

epa.gov or phone number (206) 553– 

2416. 

SUPPLEMENTARY INFORMATION: 

I. Proposed Authorization Revision 

A. Why are revisions to state programs 

necessary? 

States that 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 

their 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 codified in Title 40 of the 

Code of Federal Regulations (CFR) Parts 

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

B. What decisions have we made in this 

proposed rule? 

The EPA has determined that Idaho’s 

application to revise its authorized 

program meets the statutory and 


daltland on DSKBBV9HB2PROD with PROPOSALS