Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23645 

Commodity Parts per million 

Wheat, straw ............................................................................................................ 0.05 

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[FR Doc. E9–11633 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2008–0757; FRL–8905–4] 

Louisiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Louisiana has applied to the 

EPA for final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. The EPA is publishing this 

rule to authorize the changes without a 

prior proposal because we believe this 

action is not controversial and do not 

expect comments that oppose it. Unless 

we receive written comments which 

oppose this authorization during the 

comment period, the decision to 

authorize Louisiana’s changes to its 

hazardous waste program will take 

effect. If we receive comments that 

oppose this action, we will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize the changes. 

DATES: This final authorization will 

become effective on July 20, 2009 unless 

the EPA receives adverse written 

comment by June 19, 2009. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. E-mail: patterson.alima@epa.gov. 

3. Mail: Alima Patterson, Region 6, 

Regional Authorization Coordinator, 

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

Multimedia Planning and Permitting 

Division, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

4. Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Region 6, Regional Authorization 

Coordinator, State/Tribal Oversight 

Section (6PD–O), Multimedia Planning 

and Permitting Division, EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or e-mail. The Federal 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to the EPA without 

going through regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. You can view and 

copy Louisiana’s application and 

associated publicly available materials 

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

through Friday at the following 

locations: Louisiana Department of 

Environmental Quality, 602 N. Fifth 

Street, Baton Rouge, Louisiana 70884– 

2178, phone number (225) 219–3559 

and EPA, Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202–2733, phone 

number (214) 665–8533. Interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, State/Tribal 

Oversight Section (6PD–O), Multimedia 

Planning and Permitting Division, EPA 

Region 1445 Ross Avenue, Dallas, Texas 

75202–2733, (214) 665–8533 and e-mail 

address patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from the EPA under RCRA 

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

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. 

Most commonly, States must change 

their programs because of changes to the 

EPA’s regulations in 40 Code of Federal 

Regulations (CFR) parts 124, 260 

through 268, 270, 273, and 279. 

B. What Decisions Have We Made in 

This Rule? 

We conclude that Louisiana’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Louisiana 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Louisiana has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders (except in Indian Country) and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized States before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Louisiana including issuing permits, 

until the State is granted authorization 

to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

The effect of this decision is that a 

facility in Louisiana subject to RCRA 

will now have to comply with the 

23646 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Louisiana 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Louisiana is being 

authorized by today’s action are already 

effective under State law, and are not 

changed by today’s action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

The EPA did not publish a proposal 

before today’s rule because we view this 

as a routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize the State 

program changes. 

E. What Happens if the EPA Receives 

Comments That Oppose This Action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the State program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

final rule. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. If we receive 

comments that oppose only the 

authorization of a particular change to 

the State hazardous waste program, we 

will withdraw only that part of this rule, 

but the authorization of the program 

changes that the comments do not 

oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. For What Has Louisiana Previously 

Been Authorized? 

The State of Louisiana initially 

received final authorization on February 

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

base Hazardous Waste Management 

Program. We granted authorization for 

changes to their program on November 

28, 1989 (54 FR 48889) effective January 

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

effective August 26, 1991; November 7, 

1994 (59 FR 55368) effective January 23, 

1995; December 23, 1994 (59 FR 66200) 

effective March 8, 1995; there were 

technical corrections made on January 

23, 1995 (60 FR 4380), effective January 

23, 1995; and another technical 

correction was made on April 11, 1995 

(60 FR 18360) effective April 11, 1995; 

October 17, 1995 (60 FR 53704) effective 

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

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 and August 

16, 2007 (72 FR 45905) effective October 

15, 2007. On November 13, 2008, 

Louisiana applied for approval of its 

program revisions for RCRA Clusters 

XVI and XVII including Checklist 

208(Methods Innovation Rule and SW– 

846 Final Update IIIB). In this 

application, Louisiana is seeking 

approval for RCRA Checklists 208 and 

211 through 215 in accordance with 40 

CFR 271.21(b)(3). 

Since 1979, through the 

Environmental Affairs Act, Act 449 

enabled the Office of Environmental 

Affairs within the Louisiana Department 

of Natural Resources, as well as, the 

Environmental Control Commission to 

conduct an effective program designed 

to regulate those who generate, 

transport, treat, store, dispose or recycle 

hazardous waste. During the 1983 

Regular Session of the Louisiana 

Legislature, Act 97 was adopted, which 

amended and reenacted La. R. S. 

30:1051 et seq. as the Environmental 

Quality Act, renaming the 

Environmental Affairs Act (Act 1938 of 

1979). This Act created Louisiana 

Department of Environmental Quality 

(LDEQ), including provisions for new 

offices within this new Department of 

Environmental Quality. Act 97 also 

transferred the duties and 

responsibilities previously delegated to 

the Department of Natural Resources, 

Office of Environmental Affairs, to the 

new Department. The LDEQ has lead 

agency jurisdictional authority for 

administering the Resource Recovery 

and Conservation Act (RCRA) Subtitle C 

program in Louisiana. Also, the LDEQ is 

designated to facilitate communication 

between the EPA and the State. During 

the 1999 Regular Session of Louisiana 

Legislature Act 303 revised the La. R.S. 

30:2011 et. seq. allowing LDEQ to 

reengineer the Department to perform 

more efficiently and to meet its strategic 

goals. 

It is the intention of the State, through 

this application, to demonstrate its 

equivalence and consistency with the 

federal statutory tests, which are 

outlined in the United States 

Environmental Protection Agency 

regulatory requirements under 40 CFR 

part 271, subpart A, for final 

authorization. The submittal of this 

application is in keeping with the spirit 

and intent of RCRA, which provides 

equivalent States the opportunity to 

apply for final authorization to operate 

all aspects of their hazardous waste 

management programs in lieu of the 

Federal government. The Louisiana 

Environmental Quality Act authorizes 

the State’s program, Subtitle II of Title 

30 of the Louisiana Revised Statutes. 

With this application Louisiana is 

applying for authorization for specific 

areas of the State regulations identified 

as requiring authorization and the listed 

Checklists are: 208, 211, 212, 213, 214 

and 215 will allow the State to 

implement the equivalent RCRA 

Subtitle C portion of the program. The 

State has also added electronics as 

additional waste to the State’s RCRA 

authorized Universal Waste regulations. 

The State did not adopt all Federal 

regulations in Checklist 213 because 

some of the Federal regulations are the 

Performance Track program. However, 

the State has its own Regulatory 

Innovations Program that parallels the 

Federal Performance Track program (see 

LAC 33:I Chapter 37). 

G. What Changes Are We Authorizing 

With Today’s Action? 

On November 13, 2008, Louisiana 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that Louisiana’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for Final 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23647 

authorization. Therefore, we grant the 

State of Louisiana Final authorization 

for the following changes: The State of 

Louisiana’s program revisions consist of 

regulations which specifically govern 

RCRA Clusters XVI through XVII 

including Checklist 208 as documented 

below: 

Description of Federal 

requirement 

(include checklist #, if relevant) 

Federal Register 

date and page (and/ 

or RCRA statutory 

authority) 

Analogous state authority 

1. Methods Innovation Rule and 

SW–846 Final Update IIIB. 

(Checklist 208).

70 FR 34538–34592 

June 14, 2005.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Regulatory Code, Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 105.I.4, 110, 110A–B, 110.B.2–3, 110.B.8, 110.B.4, 110.B.9, 110.B.1, 

100.B.6–7, 110.B.10, 110.C, 110.C.1–3, 110.C.3.a–z, 100.C.3.aa, 110.D, 110.D.1– 

2, 110.E, 110.E.1–2, 110.F, 110.F.1–2, 110.G, 110.G.1–2, 105.M.3.a.i, Definition of 

Hazardous waste 109.2.d, 4903.B.1, 4903.C.1, 4903.C.2, 4901.B.3.b.ii.(c).(i)–(ii), 

4909.D.7, 4999. Appendix D, 4999. Appendix B, 4999. Appendix A, 1901.A, 

2515.C, 1711.C.1.b, 1711.C.1.d, 1711.C.1.d.i–ii, 1711.D.1.c, 1711.F, 1741.D.2, 

3005.G. Table 2, 4431.A.1, 4507.C, 1711.C.1.b, 1711.C.1.d, 1711.C.d.i–ii, 

1711.D.1.c, 1711.F, 1741.D.2, 1703, 4727.A.3.b.iii, 4727.A.3.c, 4727.A.c.i–v, 

4727.A.3.c.i–ii, 4727.B.3.b.iii, 4727.B.3.c, 4727.B.3.c.i–v, 4727.B.3.c.i–ii, 

4727.C.3.a, 3001.D.1.b, 3005.B.1, 3013.A, 3025.B.1, 3025.B.2.a, 3025.B.2.a. Note, 

3099. Appendix 1 (IBR), 2223.B, 2299. Table 2, Footnote 7, 2299. Table 7, Footnote 4, 4999. Appendix C, 529.C.1.c–d, 535.A.2.b.ii, 3115.B.1.c–d, 537.B.2.ii.(a)– 

(b), 4003.B.1.b, 4033.C, 4047.C and 4067.C, as amended and effective June 2008. 

2. Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 

(‘‘Headworks exemptions’’). 

(Checklist 211).

70 FR 57769–57785 

October 4, 2005.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Regulatory Code, Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 109. Hazardous Waste.2.c.i–ii, Hazardous Waste.2.c.iv–vii, as amended and 

effective June 2008. 

3. NESHAP: Final Standards for 

Hazardous Waste Combustors 

(Phase I Final Replacement 

Standards and Phase II). 

(Checklist 212).

70 FR 59402–59579 

October 12, 2005.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Regulatory Code, Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 110.A, 110.C.1, 3105.B.1, 3105.B.3, 4513.B.1, 3001.B.1, 3001.B.3, 

3001.B.3.a–c, 3001.B.4, 110.A, 110.C, 110.C.1, 303.R, 303.R.1–9, 529.F, 535.G 

and G.1–3, 530.D.3, 536.E.3, 311.F, 321.C.10.a–c, 321.C.11.a, 321.C.11.a.i–iii, 

321.C.11.b, 321.C.11.c, 322.L.10, 3115.E, 537.D and D.1–3, 2001.A.1–2, 

2001.B.1–2, 2001.C, and 2001.C.1–2, as amended and effective June 2008. 

4. Burden Reduction Initiative. 

(Checklist 213).

71 FR 16862–16915 

April 4, 2006.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Regulatory Code, Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections LAC 33:V.105.O.2.b.ii, 105.O.2.b.iii–vii, 105.D.1.i.iii.(e) 105.D.6.i, 1509.B.4, 

1515.A.5, 1513.B.2, 1513.F.9, 1529.B, 1529.B.1, 1529.B.5, 1529.B.9, 1529.B.11, 

1529.B.12, 1529.B.21, 1529.B.22, 3317.D, 3317.G.2–3, 3319.F–G, 3321.G, 

3513.E.5, 3517.A, 3527.A, 3707.I, 3711.I, 3715.E, 2109.A, 1903.A, 1903.B.5.b, 

1905.A–B, 1907.A.1, 1907.A.2, 1907.I.2.b, 1911.B–C, 1911.C.1–2, 1911.D, 

1911.E–F and G, 1913.F, 2303.C, 2719.B, 2515.A, 2515.A, 2515.B–E, 2515.D, 

2515.D.1–2, 3111.A.2, 3119.D, 2605.C.2, 2803.A–C, 2805.B, 2805.H, 2807.A, 

1737.B.1–2, 1737.D, 1739.A, 4701.A, 4703.C.2, 4319 reference to 1515.A.5, 4341 

reference to 1513.B.1, 1513.F.9 and 10, 4357.B, 4357.B.1–2, 4357.B.8–10, 

4357.B.17, 4367.C.1, 4367.C.3, 4373.F, 4373.I, 4383.E.5, 4387.A, 3527.A, 4403.H, 

4407.H, 4411.E, 2109.A, 4433.A, 4433.B.5.b, 4435.A–B, 4437.A.1–2, 4437.I.2, 

4440.A, 4440.B, 4440.B.1–3, 4440.C–E, 4441.F, 4438.C, 4438.D, 4462.A, 4452, 

4452.A, 4472.A, 4489.E, 4512.A, 4498.A, 4507.A–B, 4507.F, 4507.F.1, 2803.A–C, 

2805.B, 2805.H, 2807.A, 1737.B.1–2, 1737.D, 1739.A, 4701.A, 4703.C.2, 3005.H, 

3007.D, 3007.K, 2245.A, 2245.B, 2247.E, 2246.A, 2246.D, 519.A, 523.A, 532.A.3.o, 

and 322.O, as amended and effective June 2008. 

23648 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

Description of Federal 

requirement 

(include checklist #, if relevant) 

Federal Register 

date and page (and/ 

or RCRA statutory 

authority) 

Analogous state authority 

5. Corrections to Errors in the 

Code of Federal Regulations. 

(Checklist 214).

71 FR 40254–40280 

July 14, 2006.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Regulatory Code, Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 109. Incompatible Waste, 109. Personnel or Facility Personnel, 3813. Universal Waste, 109. Used Oil, 105.M.1.a, 105.M.4.b, 105.L.1–2, 109. Solid 

Waste.3.a.i, 109. Hazardous Waste.2.a, 105.D.1.t.v, 105.D.2.f.ii, 105.D.2.g, 

105.D.2.g.iv, 105.D.2.g.vi, 105.D.2.j, 105.D.5.b.vi, 105.D.5.c.i, 4105.A.2.a–d, 

4105.D, 4903.B.3, 4903.B.3.a–b, 4903.B.b.i–iv, 4903.B.4, 4903.B.4.a–d, 4903. 

Notes 1–4, 4903.E.2, 4901.B. Table 1, 4901.C. Table 2, K107 entry, 4901.C. Table 

2, K069 entry, 4901.E, 4901.E Comment, 4901.E. Table 3, 4901.F, 4901.F. Comment, 4901.F. Table 4, 4901. Table 7, 4901.D.1.a.iii.(d), 4901.G. Table 6, 3105. 

Table 1, 1109.E.1.a.iv, 1113.D.2. Note, 1113.G.2. Note, 1113.I.1.a, 1101.D, 109. 

Recovery Operations, 1127.B.1.a.ii, 1127.C.2.a.i, 1127.C.2.b.i, 1127.D.5, 1127.G.1, 

1127.G.1.e, 1501.C.2, 1535.A, 1519.B.8.c.ii, 1517.B, 109. Holocene, 109. OneHundred Year Flood, 3315.A.1, 3315.I.5, 3317.A.2, 3317.G.4.a, 3319.H.2, 3322.E, 

3507.A.3, 3511.B.8, 3517.A–B, 3523.C, 3525.B.1.b, 3701.D.1, 3705.B.2, 3707.B.7– 

8, 3707.E.5, 3711.A.3.a, 3711.D.6, 3711.F.11, 3715.H.1, 3719.B, 3719.F introductory paragraph, 3719.G Letter From Chief Financial Officer, 3719.G. Letter From 

Chief Financial Officer, Item 3, 3719.G Letter From Chief Financial Officer, Part A 

Alternative I, item *3, 3719.G Letter From Chief Financial Officer, Part B Alternative 

I, item 10, 3719.G Letter From Chief Financial Officer, Part B Alternative I, item 15, 

3719.G Letter From Chief Financial Officer, Part B Alternative II, item *7, 3719.H.2, 

Guarantee for Liability Coverage, 3719.H.2, Certification of Valid Claim, 3719.H.2.n, 

3719.I.3, 3719.J.2.d, 3719.K, 3719.L, 3719.M.1, Certification of Valid Claim Section 

8(c), 3719.N.1, Section 3.c.i, 3719.N1, Section 3.e.iii, 3719.N.1, Section 12, 

3719.N.1, Section 16, 2111.B.1, 1907.C.4. Note, 1907.D.4, 1907.E.2.b, 1907.E.2.c, 

1907.E.2.e.i–ii, 1907.E.3.a–b, 1907.G.1.c–d, 1907.G.2.a.i, 2903.J.1.b, 2903.J.3.b, 

2903.L.1, 2903.L.2.b–c, 2906.B.1, 2907.B.2, 2303.A.2.a, 2304.A–B, 2317.B, 

2719.C.7, 2719.D, 2723.A, 2503.L.3, 2503.N.2.a.ii, 2504.A–B, 2508.B.1, 2515.E.2, 

2523.A, 3113.B, 2603.E.4.c, 2603.E.4.d.vi, 2603.E.6.c.v, 2604.E, 2605.A, 2607.E.6, 

2805.A.1, 2805.A.4–5, 2805.C, 2805.N.2–3, 3201.A, 3203 introductory paragraph 

3203.B.11, 3203.C.4, 1705.A.2, 1709.F.2.g.ii, 1711.B.2, 1713.C.4.a, 1713.C.4.b, 

1717.F, 1731.C.1, 1743.C.3, 1747.A, 1747.C, 1767.C.2, 1802.B.3.c, 1802.C.3, 

1802.C.3.a, 1802.D, 1803.A, 1529.B. Table 1 and 2, 1529.B.4. Table 2, 4301.C.3.a, 

4301.C.5, 4311.A, 4315.B.1, 4319A, 4320.C.2, 4349.A, 4367.C, 4377.B.4, 

4379.A.3, 4381.B.5, 4381.D.4, 4383.B, 4383.E.4, 4389.B, 4393.B.1.b, 4397.B, 

4397.B.2, 4401.A, 4407.E.11, 4411.A.1.a, 4411.B.1.a–b, 2109.A, 4437.E.2.e.i–ii, 

4437.I.2, 4439.B.1–2, 4442.A, 4438.C, 4462A, 4462.D.2.a.i–ii, 4451.B.1, 

4457.B.3.d, 4457.C.2, 4474.B, 4472.B.1, 4489.A.4, 4491.A, 4512.A, 4512.D.1, 

4512.D.2.a.ii, 4497.B, 4498.B.1, 4503.A.1, 4507.F.1.b, 4507.G.2, 4511.A, 4511.A.3, 

4511.A.4, 4545.A.1, 4593.A, 2805.A.4, 2805.C, 4601.A, 4555.A, 4559.A, 4587.A, 

4719.A, 4729.A, 4733.A, 4739.A, 4701.A.4, 4703.B.3.a.ii, 4703.B.3.c, 4703.C.3, 

4703.D, 4357. Table 1, 4357. Table 2, 199. Appendix A, 1799. Table 1, 4143.A, 

4145.A. Table, 3001.B.2.d, 3001.D.3.a.i, 3001.G, 3005.A.2.f, 3005.E.5.a.v, 

3005.E.4.a.iii, 3005.E.6.b.ii.(b), 3005.F.3, 3007.A.4.g, 3007.B.2.e.ii.(b), 3007.B.5.b.i, 

3007.B.6.h.i, 3007.C.1.a, 3007.C.1.b.i.(b), 3007.C.1.i, 3007.C.1.i.i, 3007.C.4.d.iii.(a), 

3007.G.1.a, 3013.D.1, 3019.A.2.b, 3019.B, Chapter 42 heading, 3099. Appendix C 

incorporates by reference 40 CFR 266 Appendix III, 3099. Appendix D incorporates 

by reference 40 CFR 266 Appendix IV, 3099. Appendix E incorporates by reference 40 CFR 266 Appendix V, 3099. Appendix F incorporates by reference 40 

CFR 266 Appendix VI, 3099. Appendix H incorporates by reference 40 CFR 266 

Appendix VIII, 3099. Appendix I, incorporates by reference 40 CFR 266 Appendix 

IX, 3099. Appendix L incorporates by reference 40 CFR 266 Appendix XIII, 2203.A. 

Debris, 2237.A.3, 2241.F.5, 2245.A, 2245.C.1.b, 2245.D. Table, 2247.B.2.e, 

2247.C.2, 2247.F.2, 2246.E, 2246.E.1, 2246.E.1.a–c, 2246.E.2–3, 2237.C.2, 

2247.F.2, 2237.C.3, 2223.G, 2299. Table 2, 2299. Table 3, 2231.C.1, 2299. Table 

8, 2299. Table 7, 2236.D, 2205.C, 2205.H, 305.B.4, 305.C.13, 109.On-Site, 109. 

Publicly-Owned Treatment Works or POTW, 303.P.1, 513.A.1, 513.A.2, 515.A.14.g, 

519.A, 517.T.1.a.ii, 517.B.4, 517.V, 525.G, 527.B, 527.H, 531.H.2, 532.A.3.o, 

325.B, 323.B.2.e, 321.C.4.b.i, 322.C.4, 4301.B, 4303.B.2, 3813. Universal Waste, 

3821.B, 3823.A.1, 3845.A.1, 4001. Petroleum Refining Facility, 4003.B.2, 4005.A, 

4005. Table 1, 4031.C.3.a, 4031.C.5, 4033.A, 4033.C.2, 4035.A, 4045.A, 4045.B, 

4045.B.1.b, 4045.B.6.b, 4045.B.6.c, 4051.A, 4051.B.2.a.ii, 4053.A.2, 4055.A.2.b, 

4059.A, 4067.B.3, 4069.E, and 4077.B.1, as amended and effective June 2008. 

6. Cathode Ray Tubes Rule. 

(Checklist 215).

71 FR 42928–42949 

July 28, 2006.

Louisiana Revised Statutes (LRS) 30: Section 2001 et seq., with specific cites of 

2174, 2175, and 2180 effective December 31, 2004; Louisiana Environmental Regulatory Code, Part V. Subpart 1 Hazardous Waste and Hazardous Materials Sections 109. Cathode Ray Tube or CRT, 109. CRT Collector, 109. CRT Glass Manufacturer, 109. CRT Processing, 105.D.1.v.i, 105.D.1.v.ii–iii, 105.D.1.v.iv, 4909, 

4911, 4913 and 4915, as amended and effective June 2008. 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23649 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

The State of Louisiana’s regulations 

has some more stringent regulations at 

LAC 105.I.4, which requires public 

notice to make changes in regulations. 

For the State to incorporate by reference 

(IBR) the Federal regulations, there must 

be public notice with appropriate 

volume, revisions and date of 

publication to allow for public comment 

to the IBR language. The more stringent 

State regulations when it comes to 

design, assessment, and operating 

requirements of a facility can also be 

found at: LAC 33:V3711.I, LAC 

33.V.3715.E, LAC 33:V.1903.A, LAC 

33:V.1907.I.2.b, LAC 33:V.1913.F, LAC 

33:V.2803.A, LAC 33:V.2803.C, LAC 

33:V.2805.B, LAC 33:V.2805.H, LAC 

33:V.2807.A, LAC 33:V.4387.A, LAC 

33:V.3527.A, LAC 33:V.4407.H, LAC 

33:V.4411.E, LAC 33V.4433.A, LAC 

33:V.4433.B.5.b, LAC 33:V523.A, 

33:V.4435.A, LAC 33 V.4435.B, LAC 

33:V.4437.I.2, LAC 33:V.4441.F, LAC 

33:V.4489.E, LAC 33:V.2803.B, and LAC 

33:V.532.A.3.o. The Federal regulations 

allows a certified qualified Professional 

Engineer to attest the results of the 

evaluation. However, the State allows 

certification by an independent, 

qualified Professional Engineer to attest 

to the results of the evaluation. There 

are no broader in scope provisions in 

this authorization document. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

Louisiana will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits which we 

issued prior to the effective date of this 

authorization. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table in this document after the 

effective date of this authorization. The 

EPA will continue to implement and 

issue permits for HSWA requirements 

for which Louisiana is not yet 

authorized. 

J. How Does Today’s Action Affect 

Indian Country in Louisiana? 

Louisiana is not authorized to carry 

out its Hazardous Waste Program in 

Indian Country within the State. This 

authority remains with EPA. Therefore, 

this action has no effect in Indian 

Country. 

K. What Is Codification and Is the EPA 

Codifying Louisiana’s Hazardous Waste 

Program as Authorized in This Rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart T for this 

authorization of Louisiana’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

L. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

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

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

authorizes preexisting requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

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

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

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

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

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

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

effective July 20, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians—lands, 

23650 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

1OMB Control Number 3060–1086 will be 

revised to include the information collection 

requirement. 

2 5 CFR 1320.13. 

3 Due to the short time frame provided for the 

Commission to act on the new replacement digital 

low power television translator service, we 

requested and received OMB approval to waive 

Federal Register notice for this emergency request 

under the PRA. See 5 CFR 1320.13(d). 

4See generally Digital Television and Public 

Safety Act of 2005 (‘‘DTV Act’’), which is Title III 

of the Deficit Reduction Act of 2005, Public Law 

109–171, 120 Stat. 4 (2006), codified at 47 U.S.C. 

309(j)(14) and 337(e), as amended by DTV Delay 

Act, Public Law 111–4, 123 Stat. 112 (2009) 

(establishing June 12, 2009 as a new hard deadline 

for the end of analog transmissions by full-power 

stations); 47 U.S.C. 309 Note (directing the 

Commission to ‘‘take such actions as are necessary 

(1) to terminate all licenses for full-power television 

stations in the analog television service, and to 

require the cessation of broadcasting by full-power 

stations in the analog television service, by 

February 18, 2009; and (2) to require by February 

18, 2009, * * * all broadcasting by full-power 

stations in the digital television service, occur only 

on channels between channels 2 and 36, inclusive, 

or 38 and 51, inclusive (between frequencies 54 and 

698 megahertz, inclusive).’’); id. at 336 Note 

(requiring the Commission to assign paired digital 

television channels ‘‘to further promote the orderly 

transition to digital television’’), 336(b) (expressing 

Congressional interest in the transition from analog 

to digital television and reading, in pertinent part, 

‘‘[i]n prescribing the regulations required by 

subsection (a), the Commission shall * * * (5) 

prescribe such other regulations as may be 

necessary for the protection of the public interest, 

convenience, and necessity.’’). 

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: April 30, 2009. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E9–11747 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[MB Docket No. 08–253; FCC 09–36] 

Replacement Digital Television 

Translator Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: With this Report and Order, 

and after seeking public comment, the 

Federal Communications Commission 

creates a new ‘‘replacement’’ digital 

television translator service to permit 

full-service television stations to 

continue to provide service to viewers 

within their analog coverage areas who 

have lost service as a result of those 

stations’ digital transition. Replacement 

digital translators can be licensed solely 

on digital television channels 2 through 

51 and with secondary frequency status. 

Unlike other television translator 

licenses, the replacement digital 

television translator license will be 

associated with the full-service station’s 

main license and will have the same 

four letter call sign as its associated 

main station. As a result, a replacement 

digital television translator license may 

not be separately assigned or transferred 

and will be renewed or assigned along 

with the full-service station’s main 

license. Almost all other rules 

associated with television translator 

stations are applied to replacement 

digital television translators. 

DATES: This final rule is effective June 

19, 2009, except for § 74.787(a)(5)(i) 

which contains information collection 

requirements that have not been 

approved by the Office of Management 

and Budget (‘‘OMB’’). The Federal 

Communications Commission will 

publish a document in the Federal 

Register announcing the effective date. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Shan.Maher@fcc.gov of 

the Media Bureau, Video Division, (202) 

418–1600. For additional information 

concerning the information collection 

requirement contained in this Report 

and Order, contact the Office of 

Managing Director (‘‘OMD’’), 

Performance Evaluation & Records 

Management (‘‘PERM’’), Cathy 

Williams, Cathy.Williams@fcc.gov, at 

202–418–2918. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, FCC 09–36, adopted on May 

8, 2008, and released on May 8, 2009. 

The full text of this document is 

available for public inspection and 

copying during regular business hours 

in the FCC Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. It may also be purchased from 

the Commission’s duplicating contractor 

at Portals II , 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554; the 

contractor’s Web site: http:// 

www.bcpiweb.com; or by calling (800) 

378–3160, facsimile (202) 488–5563, or 

e-mail FCC@BCPIWEB.com. The 

document will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs/). 

(Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) Additionally, the 

complete item is available on the 

Federal Communications Web site at 

http://www.fcc.gov. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This Report and Order adopts a 

revised information collection 

requirement subject to the Paperwork 

Reduction Act of 1995 (‘‘PRA’’), Public 

Law 104–13 (44 U.S.C. 3501 through 

3520) pertaining to DTV transition 

related issues. Specifically, this Report 

and Order will allow full-service 

stations seeking to use the new 

replacement digital television translator 

service to submit specified attachments 

to FCC Form 346 when applying for a 

construction permit.1 OMB has 

consented to review the requirement 

under the emergency processing rules.2

We believe there is good cause for 

requesting emergency PRA approval 

from OMB due to the statutory digital 

television transition deadline of June 12, 

2009.3

In addition, the Commission notes 

that pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

we previously sought specific comment 

on how the Commission might ‘‘further 

reduce the information collection 

burden for small business concerns with 

fewer than 25 employees.’’ 

Synopsis 

Creation of New, Replacement Digital 

Television Translator Service 

Based upon the record, we adopt our 

proposal to create a new, ‘‘replacement’’ 

digital television translator service to 

enable full-service television stations to 

continue to provide service to viewers 

in loss areas inside their protected 

analog service contour created as a 

result of their transition to digital 

operations. Although we are 

sympathetic to the desires of the low 

power television community to provide 

new and expanded low power digital 

service, we continue to believe that we 

must place a priority on the facilitation 

of the full-service television digital 

transition and the avoidance of the loss 

of service that may result from the 

transition.4 We also conclude that the 

licensing of replacement digital 

television translators must take 

precedence over the licensing of new 

digital translators and low power 

television stations. We do not believe