58890 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

[FR Doc. 2013–23371 Filed 9–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–2013–0027; FRL–9819–8] 

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 EPA 

identified a variety of State-initiated 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). We have 

determined that these changes are minor 

and satisfy all requirements needed to 

qualify for Final authorization and are 

authorizing the State-initiated changes 

through this direct Final action. In 

addition, this document corrects 

technical errors made in the June 28, 

2012 Federal Register authorization 

document for Louisiana. 

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. 

DATES: This regulation is effective 

November 25, 2013, unless the EPA 

receives adverse written comment on 

the codification of the Louisiana 

authorized program by the close of 

business October 25, 2013. If the EPA 

receives such comments, it will publish 

a timely withdrawal of this direct final 

rule in the Federal Register informing 

the public that this rule will not take 

effect. The incorporation by reference of 

authorized provisions in the Louisiana 

statutes and regulations contained in 

this rule is approved by the Director of 

the Federal Register as of November 25, 

2013 in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

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

banks.julia@epa.gov 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, or 

Julia Banks, Codification 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, or Julia Banks, Codification 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties, 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. (For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm). 

You can view and copy the 

documents that form the basis for this 

codification and associated publicly 

available materials from 8:30 a.m. to 

4:00 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, State/

Tribal Oversight Section (6PD–O), 

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

Phone numbers: (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 


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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 58891 

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 final 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 EPA receives 

comments that oppose this action? 

If the EPA receives comments that 

oppose this authorization in this 

codification document we will 

withdraw this rule by publishing a 

timely 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. 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 

authorized State program will become 

effective and which part is being 

withdrawn. 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 

codify the Louisiana’s program, and the 

EPA is not now reopening the decisions, 

nor requesting comments, on the 

Louisiana authorization as published in 

the Federal Register notices specified in 

Section I.F of this document. 

F. For what has Louisiana previously 

been authorized? 

The State of Louisiana initially 

received final authorization on January 

24, 1985, effective February 7, 1985 (see 

50 FR 3348), to implement its Base 

Hazardous Waste Management Program. 

Louisiana received authorization for 

revisions to its program effective 

January 29, 1990 (54 FR 48889), October 

25, 1991 (56 FR 41958) as corrected 

October 15, 1991 (56 FR 51762); January 

23, 1995 (59 FR 55368) as corrected 

April 11, 1995 (60 FR 18360); March 8, 

1995 (59 FR 66200); January 2, 1996 (60 

FR 53704 and 60 FR 53707); June 11, 

1996 (61 FR 13777), March 16, 1998 (62 

FR 67572), December 22, 1998 (63 FR 

56830), October 25, 1999 (64 FR 46302), 

November 1, 1999 (64 FR 48099), April 

28, 2000 (65 FR 10411), March 5, 2001 

(66 FR 23), February 9, 2004 (68 FR 

68526), August 9, 2005 (70 FR 33852), 

January 12, 2007 (71 FR 66118), October 

15, 2007 (72 FR 45905), July 20, 2009 

(74 FR 23645), October 4, 2010 (75 FR 

47223), August 23, 2011 (76 FR 37021), 

August 27, 2012 (77 FR 38530); and 

September 11, 2012 (77 FR 41292). 

While EPA is not authorizing any new 

Louisiana statutory provisions, be 

advised that the State of Louisiana has 

revised some of the statutory provisions 

which provide the legal basis for the 

State’s implementation of the hazardous 

waste management program in 

Louisiana. On June 17, 2010, the 

provision at subparagraph C(1)(b) of 

section 30:2011 of the Louisiana 

Revised Statutes which addressed the 

authority of the Office of Environmental 

Assessment was moved to 30:2011.D(26) 

as part of the authority of the Secretary 

of the Department of Environmental 

Quality to provide for the functions of 

environmental air quality assessment, 

water quality assessment, remediation 

services, and laboratory services. 

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 statutory provisions or 

RCRA regulations found at 40 CFR as of 

July 1, 2010. The Louisiana provisions 

are from the Louisiana Administrative 

Code (LAC), Title 33, Part V dated 

September 2011 (except as noted 

below). 

State requirement Analogous Federal requirement 

LAC 33: Part I, Chapter 19, Sections 1905.C and 1909.E (11/20/10) ............................. No direct Federal analog. 

105.A.1 ............................................................................................................................... RCRA 3010(a) related. 

105.A.2 ............................................................................................................................... RCRA 3010(a) related. 

108.G.4 .............................................................................................................................. 40 CFR 261.5(g) related. 

109. Solid Waste.5.b.iii–.iv ................................................................................................ 261.2(e)(2)(iii)–(iv). 

3099, Appendix A .............................................................................................................. 40 CFR Part 266, Appendix I/Table I–A—Table I–E. 

3099, Appendices B–I ....................................................................................................... 40 CFR Part 266, Appendices II–IX. 

3099, Appendices J–L ....................................................................................................... 40 CFR Part 266, Appendices XI–XIII. 


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State requirement Analogous Federal requirement 

3705.D ............................................................................................................................... 40 CFR 264.142(d). 

4143.B.2–.4, except the word ‘‘and’’ at the end of 4143.B.4 ............................................ 40 CFR 266.70(b)(2). 

LAC 33, Part VII, Sections 301.A.2.a (June, 2011); 315.J (June, 2011); and 521.H (Repealed) (November 2011).40 CFR 261.5(f)(3)(iv)–(v) and 261.5(g)(3)(iv)–(v). 

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. Technical Corrections 

The following technical corrections 

are made to the June 28, 2012 Louisiana 

authorization Federal Register 

document. The corrections being made 

address corrections to the list of 

citations for checklist entries that was 

included in the published Federal 

Register document and are presented in 

order of the checklist number, followed 

by a brief description of the correction 

being made. 

A. Corrections to the 6/28/12 Federal 

Register (77 FR 38530; Effective 8/27/ 

12) 

1. For Checklist 223, the following 

corrections should be made: 

a. The citation ‘‘109, table 1’’ is 

corrected to read ‘‘109 Solid waste, table 

1’’. 

b. The citation ‘‘2299. Appendix 7’’ is 

corrected to read ‘‘2299. Appendix 

Table 7’’. 

III. 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 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), and September 

11, 2012 (77 FR 41292). 

In this document, the EPA is revising 

Subpart T of 40 CFR part 272 to include 

the authorization revision actions 

effective August 27, 2012 (77 FR 38530). 

C. What codification decisions have we 

made in this rule? 

The purpose of this Federal Register 

document is to codify Louisiana’s base 

hazardous waste management program 

and its revisions to that program. The 

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 provisions which provide the 

legal basis for the State’s 

implementation of the hazardous 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; and 

(4) New unauthorized State 

requirements. 

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 


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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 58893 

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); and April 12, 

1996 (61 FR 16290). 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, September 2012. 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 (Public Law 104–4). 

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 

incorporates by reference existing 

authorized 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 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. 

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 


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58894 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

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 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 November 25, 2013. 

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 

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: May 2, 2013. 

Samuel Coleman, 

Acting 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), 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, 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 and November 25, 

2013. 

(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://

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 September 2012. 

(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, 2199, 

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, 2012 (effective August 

15, 2011) 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; Chapter 18, Section 2417.A. 

(iii) Louisiana Administrative Code, 

Title 33, Part I, Office of The Secretary 


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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 58895 

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 2011, 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, 2012 (effective August 

15, 2011) 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 2011, 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) 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. 

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, August, 2012. Copies of the 

document can be obtained from U.S. 

EPA Region 6, 1445 Ross Avenue, 

Dallas, TX 75202 also Louisiana 

Department of Environmental Quality, 

602 N. Fifth Street, Baton Rouge, 

Louisiana 70884–2178. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 6 and the State of 

Louisiana, signed by the EPA Regional 

Administrator on June 15, 2012 is 

referenced as part of the authorized 

hazardous waste management program 

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

6921 et seq. 

(6) 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, and April 18, 2012 are 

referenced as part of the authorized 

hazardous waste management program 

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

6921 et seq. 

(7) Program Description. The Program 

Description and any other materials 

submitted 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, 2012 (effective August 15, 2011) 

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, P.O. Box 64526, St. Paul, Minnesota 

55164–0526; 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 2011, amended March 20, 

2012 (Louisiana Registers: LR 38:774, LR 

38:781, and LR 38:790). Please note that for 


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58896 Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Rules and Regulations 

some provisions, the authorized version is 

found in either the LAC, Title 33, Part V, 

dated December 31, 2009 or June 1995. 

Chapter 1—General Provisions And 

Definitions, Sections 103; 105 (except 

105.D.1.q and 105.P); 105.D.1.q (LR 38:790, 

March 20, 2012); 108 (except 108.E.1 and E.2, 

108.G. introductory paragraph, 108.G.2, and 

108.G.5); 108.E.1 and .E.2, 108.G 

introductory paragraph, and 108.G.2 (LR 

38:774; March 20, 2012); 109 (except ‘‘Batch 

tank’’, ‘‘Competent Authorities’’, ‘‘Concerned 

Countries’’, ‘‘Consignee’’ (both definitions), 

‘‘Continuous flow tank’’, ‘‘Country of 

Transit’’, ‘‘Empty Container.1.a introductory 

paragraph, .1.b introductory paragraph, .2.a 

introductory paragraph, and .2.c introductory 

paragraph’’, ‘‘EPA Acknowledgement of 

Consent’’, ‘‘Exporting Country’’, ‘‘Importing 

Country’’, ‘‘New Hazardous Waste 

Management Facility or New Facility’’, 

‘‘Notifier’’, ‘‘Organization for Economic 

Cooperation and Development (OECD) Area’’, 

‘‘Primary Exporter’’, ‘‘Receiving Country’’, 

‘‘Recognized Trader’’, ‘‘Recovery Facility’’, 

‘‘Recovery Operations’’, ‘‘Solid Waste. Table 

1 entry for ‘‘Scrap metal other than excluded 

scrap metal (see excluded scrap metal)’’, 

‘‘Transfrontier Movement’’, ‘‘Transit 

Country’’); 109.Empty Container.1.a 

introductory paragraph, .1.b introductory 

paragraph, .2.a introductory paragraph, and 

.2.c introductory paragraph (LR 38:774; 

March 20, 2012); 109.New Hazardous Waste 

Management Facility or New Facility (LR 

38:774; March 20, 2012); 109.Solid Waste. 

Table 1 entry for ‘‘Scrap metal that is not 

excluded under LAC 33:V.105.D.1.m’’ (LR 

38:774; March 20, 2012); 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 (except 307.B and .C); 307.B—.D (LR 

38:774; March 20, 2012); 309; 311 (except 

311.A and .C); 313; 315.A–.D; 317; 319; 

321.A (except the phrase ‘‘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); 1107.D.7 (LR 

38:774; March 20, 2012); 1109 (except 

1109.E.1.a.ii, .E.1.e, .E.2, .E.4, .E.5, .E.7.c, 

.E.7.f, and reserved provision); 1109.E.1.a.ii 

(December 31, 2009); 1109.E.1.e, .E.2, .E.4, 

.E.5, and .E.7.c (LR 38:774; March 20, 2012); 

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 (except 1111.C.1 

and .C.2 introductory paragraph); 1111.C.1, 

.C.2 introductory paragraph, and .C.4 (LR 

38:774; March 20, 2012); 1111.D–.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 1511; 1513 

(except 1513.B.2); 1513.B.2 (LR 38:774; 

March 20, 2012); 1515; 1516.A; 1516.B 

(except 1516.B.4 and .B.5 introductory 

paragraph); 1516.B.5 introductory paragraph 

(LR 38:781; March 20, 2012); 1516.C (except 

1516.C.5.a.vi, .C.6.a.i, and .C.6.b); 

1516.C.5.a.vi, .C.6.a.i, and .C.6.b–.c (LR 

38:774; March 20, 2012); 1517 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 under LAC 

33:V.2273,’’ in 2205.D); 2207; 2208; 2209 

(except the phrase ‘‘or a determination 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, 2233, 

2236, 2237, 2245.A—I.; 2246; 2247 (except 

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

Table 2 entries K156, K157, and K158, and 

Tables 4 and 12); 2299 Appendix Table 2 

entries K156, K157, and K158 (LR 38:774; 

March 20, 2012); 

Chapter 23—Waste Piles, Sections 2301 

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

at the end of the 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 2517; 2519 (except 2519.A.2); 

2519.A.2 (LR 38:774; March 20, 2012); 2521; 

2523; 

Chapter 26—Corrective Action 

Management Units And Temporary Units, 

Sections 2601; 2602; 2603 (except 

2603.A.3.b, 2603.A.3.d, and 2603.E.4.d.vi); 

2603.A.3.b, 2603.A.3.d, and 2603.E.4.d.vi (LR 

38:774; March 20, 2012); 2604 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.A introductory paragraph (except the 

phrase ‘‘other than to those OECD countries 

. . . requirements of LAC 33:V.Chapter 

11.Subchapter B).’’); 3871.A.1–.2; 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 4105.A.1 introductory 

paragraph, .A.1.a.i and ii, .A.2 introductory 

paragraph, .A.2.b, and .A.4); 4105.A.1 

introductory paragraph, .A.2 introductory 

paragraph, and .A.2.b (LR 38:774; March 20, 

2012); 4139; 4141; 4143 (except the word 

‘‘and’’ at the end of 4143.B.4 and 4143.B.5); 

4145; and 4145 Table entries 6 and 7 (LR 

38:781; March 20, 2012); 

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; 


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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 

4509; 4511 (except 4511.A.2); 4511.A.2 (LR 

38:774; March 20, 2012); 4512 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 (except 4901.A.1 and .A.2, 

4901.F Table 4 entry U239 Benzene 

[numerical order listing], and 4901.G Table 6 

entries K062, K069, K088, K093); 4901.A.1 

and .A.2, 4901.F Table 4 entry U239 Benzene 

[numerical order listing], and 4901.G Table 6 

entries K062, K069, K088, K093 (LR 38:774; 

March 20, 2012); 4903 (except 4903.D.8); 

4903.D.8 (LR 38:774; March 20, 2012); 4907; 

4909.A (LR 38:790; March 20, 2012); 4909.B 

and .C; 4909.D.1 (except 4909.D.1.v) (LR 

38:790; March 20, 2012); 4909.D.1.b.v; 

4909.D.2 introductory paragraph (LR 38:790; 

March 20, 2012); 4909.D.2.a–.d; 4909.D.3 (LR 

38:790; March 20, 2012); 4909.D.4; 4909.D.5 

(except 4909.D.5.a.ii); 4909.D.5.a.ii (LR 

38:790; March 20, 2012); 4909.D.6 (LR 

38:790; March 20, 2012); 4909.D.7 (except 

4909.D.7 introductory paragraph, 

4909.D.7.a.i, 4909.D.7.a.iii through .D.7.b.i, 

and 4909.D.7.c); 4909.D.7 introductory 

paragraph, 4909.D.7.a.i, 4909.D.7.a.iii 

through .D.7.b.i, and 4909.D.7.c (LR 38:790; 

March 20, 2012); 4909.D.8 introductory 

paragraph through .D.8.a.i (LR 38:790; March 

20, 2012); 4909.D.8.a.ii–.iv; 4909.D.8.a.iv 

Note through 4909.D.8.c (LR 38:790; March 

20, 2012); 4909.D.8.d and .e; 4909.D.8.f and 

.g (LR 38:790; March 20, 2012); 4909.D.8.h 

(except 4909.D.8.h.ii) (LR 38:790; March 20, 

2012); 4909.D.8.h.ii; 4909.D.8.i (LR 38:790; 

March 20, 2012); 4909.D.9 (LR 38:790; March 

20, 2012); 4909.D.10 (except 4909.D.10 

introductory paragraph, 4909.D.10.a.ii, 

4909.D.10.b–.g, 4909.D.10.h introductory 

paragraph, 4909.D.10.i introductory 

paragraph through 4909.D.10.i.ii, and 

4909.D.10.i.iv); 4909.D.10 introductory 

paragraph, 4909.D.10.a.ii, 4909.D.10.b–.g, 

4909.D.10.h introductory paragraph, 

4909.D.10.i introductory paragraph through 

4909.D.10.i.ii, and 4909.D.10.i.iv (LR 38:790; 

March 20, 2012); 4909.D.11 through .E and 

Table 7 (LR 38:790; March 20, 2012); 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. 2013–22972 Filed 9–24–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 190, 192, 193, 195, and 

199 

[Docket No. PHMSA–2012–0102; Amdt. Nos. 

190–16, 192–118, 193–24, 195–98, 199–25] 

RIN 2137–AE92 

Pipeline Safety: Administrative 

Procedures; Updates and Technical 

Corrections 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: PHMSA is amending the 

pipeline safety regulations to update the 

administrative civil penalty maximums 

for violation of the safety standards to 

reflect current law, to update the 

informal hearing and adjudication 

process for pipeline enforcement 

matters to reflect current law, and to 

make other technical corrections and 

updates to certain administrative 

procedures. The amendments do not 

impose any new operating, 

maintenance, or other substantive 

requirements on pipeline owners or 

operators. 

DATES: The effective date of these 

amendments is October 25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Kristin T.L. Baldwin, Office of Chief 

Counsel, 202–366–6139, 

kristin.baldwin@dot.gov; or mail to: 

Renita K. Bivins, Office of Chief 

Counsel, 202–366–5947, renita.bivins@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Notice of Proposed Rulemaking 

On August 13, 2012, PHMSA 

published a Notice of Proposed 

Rulemaking (NPRM) under Docket ID 

PHMSA–2012–0102, (77 FR 48112) 

notifying the public of the proposed 

changes to 49 CFR Parts 190, 192, 193, 

195, and 199. The amendments 

proposed in the NPRM were intended to 

implement mandates in the Pipeline 

Safety, Regulatory Certainty, and Job 

Creation Act of 2011 (Pub. L. 112–90) 

(the 2011 Act) and to make other 

technical and administrative 

corrections. During the 30-day comment 

period, PHMSA received a total of five 

comments. Three comments were from 

trade organizations, including the 

Interstate Natural Gas Association of 

America (INGAA), the Association of 

Oil Pipelines and the American 

Petroleum Institute (AOPL/API), and the 

American Gas Association (AGA). One 

comment was received from a pipeline 

operator, who solely endorsed the 

comments of INGAA. The final 

comment was received from a private 

citizen. 

B. Advisory Committee Meetings 

On December 11–13, 2012, the 

Technical Pipeline Safety Standards 

Committee (TPSSC) and the Technical 

Hazardous Liquid Pipeline Safety 

Standards Committee (THLPSSC) met 

jointly in Alexandria, Virginia. The 

TPSSC and THLPSSC are statutorily 

mandated advisory committees under 

49 U.S.C. 60115 that provide nonbinding recommendations to PHMSA on 

proposed safety standards, risk 

assessments, and safety policies for 

natural gas and hazardous liquid 

pipelines. Although the NPRM did not 

implicate the committees’ statutory 

mandate with regard to proposed safety 

standards, PHMSA requested input from 

the committees given the potential 

impact on administrative enforcement 

processes. 

After considering the NPRM and 

public comments, the TPSSC 

recommended approval of the NPRM as 

proposed. The THLPSSC recommended 

approval of the NPRM, with unspecified 

modifications consistent with the public 

comments and certain principles, 

including transparency, completeness, 

increased formality, timeliness, 

regulatory certainty, and due process. 

II. Discussion of Comments 

The comments received from the 

trade organizations and the THLPSSC 

are discussed below. The comment from 

the private citizen is not discussed 

because it was outside the scope of this 

rulemaking. To facilitate the reader, the 

following list of contents is provided: 

Subpart A—General 

1. § 190.1 Purpose and scope. 

2. § 190.3 Definitions. 

3. § 190.5 Service. 

4. § 190.7 Subpoenas; witness fees. 

5. § 190.11 Availability of informal 

guidance and interpretive assistance. 

Subpart B—Enforcement 

6. § 190.201 Purpose and scope. 


TKELLEY on DSK3SPTVN1PROD with RULES