Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program
Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)
Federal Register Volume 81, Number 204 (Friday, October 21, 2016)
Rules and Regulations
Pages 72730-72737
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2016-25318
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
EPA-R06-RCRA-2015-0664; FRL-9951-21-Region 6
Louisiana: Final Authorization of State-Initiated Changes and Incorporation by Reference of Approved State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: During a review of Louisiana's regulations, the Environmental Protection Agency (EPA) identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes are minor and satisfy all requirements needed to qualify for final authorization and is authorizing the State-initiated changes through this direct final action.
The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA's inspection and enforcement. The rule codifies in the regulations the prior approval of Louisiana's hazardous waste management program and incorporates by reference authorized provisions of the State's statutes and regulations.
The EPA is publishing this rule to authorize the State-initiated changes and incorporate by reference the State's hazardous waste program without a prior proposal because we believe these actions are not controversial and do not expect comments that oppose them. Unless we receive written comments which oppose the authorization in this codification document during the comment period, the decision to authorize Louisiana's State-initiated changes to its hazardous waste program will take effect. If we receive comments that oppose the authorization, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the State-initiated changes.
DATES: This regulation will be effective December 20, 2016, unless the EPA receives adverse written comment by November 21, 2016. If the EPA receives such comment, it will publish a timely withdrawal of this direct final rule in the Federal Register and inform the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of December 20, 2016 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit any comments identified by Docket ID No. EPA-R06-
RCRA-2015-0664, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.
2. Email: patterson.alima@epa.gov or banks.julia@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, Permit Section (RPM), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, Permit Section (RPM), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be Confidential Business Information (CBI) or otherwise protected through http://www.regulations.gov, or email. Direct your comments to Docket ID No. EPA-R06-RCRA-2015-0664. The Federal http://www.regulations.gov Web site is an ``anonymous access'' system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in
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the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
You can view and copy the documents that form the basis for this authorization and codification and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number: (214) 665-8533 or (214) 665-8178. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, Permit Section (RPM), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533 or (214) 665-8178, and Email address: patterson.alima@epa.gov or banks.julia@epa.gov.
SUPPLEMENTARY INFORMATION:
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Authorization of State-Initiated Changes
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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.
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What decisions have we made in this rule?
We conclude that Louisiana's revisions to its authorized program meet all of the statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make Louisiana's rules more clear or conform more closely to the Federal equivalents and are so minor in nature that a formal application is unnecessary. Therefore, we grant Louisiana final authorization to operate its hazardous waste program with the changes described in the table at Section G below. Louisiana has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out all authorized aspects of the RCRA program, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Louisiana, including issuing permits, until the State is granted authorization to do so.
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What is the effect of this authorization decision?
The effect of this decision is that a facility in Louisiana subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. Louisiana has enforcement responsibilities under its State hazardous waste program for violations of such program, but the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses, or reports;
Enforce RCRA requirements and suspend or revoke permits; and
Take enforcement actions regardless of whether the State has taken its own actions.
This action does not impose additional requirements on the regulated community because the statutes and regulations for which Louisiana is being authorized by this direct action are already effective and are not changed by this action.
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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.
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What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose the authorization of the State-initiated changes in this codification document, we will withdraw this rule by publishing a document in the Federal Register before the rule becomes effective. The EPA will base any further decision on the authorization of the State program changes on the proposal mentioned in the previous paragraph. We will then address all public comments in a later final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time. If we receive comments that oppose only the authorization of a particular change to the State hazardous waste program we may withdraw only that part of this rule, but the authorization of the program changes that the comments do not oppose will become effective on the date specified above. The Federal Register withdrawal document will specify which part of the authorization of the State program will become effective and which part is being withdrawn.
In addition to the authorization of the rules described above in this document, the purpose of this Federal Register document is to codify Louisiana's base hazardous waste management program and its revisions to that program. The EPA has already provided notices and opportunity for comments on the Agency's decisions to authorize the Louisiana program, and the EPA is not now reopening the decisions, nor requesting comments, on the Louisiana authorizations as published in the Federal Register documents specified in Section I.F of this preamble.
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For what has Louisiana previously been authorized?
The State of Louisiana initially received final authorization on January 24, 1985, effective February 7, 1985 (50 FR 3348), to implement its base Hazardous Waste Management Program. We granted authorization for changes to their program on November 28, 1989 (54 FR 48889) effective January 29, 1990; August 26, 1991 (56 FR 41958), as corrected October 15, 1991 (56 FR 51762) effective October 25, 1991; November 7, 1994 (59 FR 55368) effective January 23, 1995 (Note: On January 23, 1995 (60 FR 4380), the EPA
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responded to adverse public comments and affirmed the effective date for the November 7, 1994 final rule. Then on April 11, 1995 (60 FR 18360); the EPA also made administrative corrections for the January 23, 1995 Federal Register document); December 23, 1994 (59 FR 66200) effective March 8, 1995; October 17, 1995 (60 FR 53704 and 60 FR 53707) effective January 2, 1996; March 28, 1996 (61 FR 13777) effective June 11, 1996; December 29, 1997 (62 FR 67572) effective March 16, 1998; October 23, 1998 (63 FR 56830) effective December 22, 1998; August 25, 1999 (64 FR 46302) effective October 25, 1999; September 2, 1999 (64 FR 48099) effective November 1, 1999; February 28, 2000 (65 FR 10411) effective April 28, 2000; January 2, 2001 (66 FR 23) effective March 5, 2001; December 9, 2003 (68 FR 68526) effective February 9, 2004; June 10, 2005 (70 FR 33852) effective August 9, 2005; November 13, 2006 (71 FR 66116) effective January 12, 2007; August 16, 2007 (72 FR 45905) effective October 15, 2007; May 20, 2009 (74 FR 23645) effective July 20, 2009; August 5, 2010 (75 FR 47223) effective October 4, 2010; June 24, 2011 (76 FR 37021) effective August 23, 2011; June 28, 2011 (77 FR 38530) effective August 27, 2012; July 13, 2012 (77 FR 41292) effective September 11, 2012; and September 14, 2015 (80 FR 55032) effective November 13, 2015.
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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 State-initiated changes satisfy the requirements of 40 CFR 271.21(a). We are granting Louisiana final authorization to carry out the following provisions of the State's program in lieu of the Federal program. These provisions are analogous to the indicated RCRA regulations found at 40 CFR as of July 1, 2012. The Louisiana provisions are from the Louisiana Administrative Code (LAC), Title 33, Part V dated September 2014.
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Analogous federal
State requirement requirement
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705.B.2................................... 40 CFR 124.15
4999, Appendix E.......................... 40 CFR part 261, Appendix IX
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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.
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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.
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Incorporation-by-Reference
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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.
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What is the history of the codification of Louisiana's hazardous waste management program?
The EPA incorporated by reference Louisiana's then authorized hazardous waste management program effective March 16, 1998 (62 FR 67578), October 4, 2010 (75 FR 47223), September 11, 2012 (77 FR 41292), and November 25, 2013 (78 FR 58890).
In this document, the EPA is revising Subpart T of 40 CFR part 272 to include the authorization revision actions effective November 13, 2015 (80 FR 55032).
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What codification decisions has EPA made in this rule?
In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Louisiana rules described in the amendments to 40 CFR part 272 set forth below. The EPA has made, and will continue to make, these documents available electronically through http://www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).
The purpose of this Federal Register document is to codify Louisiana's base hazardous waste management program and its revisions to that program. This document incorporates by reference Louisiana's hazardous waste statutes and regulations and clarifies which of these provisions are included in the authorized and Federally enforceable program. By codifying Louisiana's authorized program and by amending the Code of Federal Regulations, the public will be more easily able to discern the status of Federally approved requirements of the Louisiana hazardous waste management program.
The EPA is incorporating by reference the Louisiana authorized hazardous waste management program in subpart T of 40 CFR part 272. Section 272.951 incorporates by reference Louisiana's authorized hazardous waste statutes and regulations. Section 272.951 also references the statutory provisions (including procedural and enforcement provisions) which provide the legal basis for the State's implementation of the hazardous waste management program, the Memorandum of Agreement, the Attorney General's Statements and the Program Description, which are approved as part of the hazardous waste management program under Subtitle C of RCRA.
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What is the effect of Louisiana's codification on enforcement?
The EPA retains its authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions and to issue orders in authorized States. With respect to these actions, the EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than any authorized State analogues to these provisions. Therefore, the EPA is not incorporating by reference such particular, approved Louisiana procedural and enforcement authorities. Section 272.951(c)(2) of 40 CFR lists the statutory and regulatory provisions which provide the legal basis for the State's implementation of the hazardous
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waste management program, as well as those procedural and enforcement authorities that are part of the State's approved program, but these are not incorporated by reference.
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What state provisions are not part of the codification?
The public needs to be aware that some provisions of Louisiana's hazardous waste management program are not part of the Federally authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 271.1(i));
(2) Federal rules adopted by Louisiana but for which the State is not authorized;
(3) Unauthorized amendments to authorized State provisions;
(4) New unauthorized State requirements; and
(5) Federal rules for which Louisiana is authorized but which were vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 98-1379; June 27, 2014).
State provisions that are ``broader in scope'' than the Federal program are not part of the RCRA authorized program and the EPA will not enforce them. Therefore, they are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.951(c)(3) lists the Louisiana regulatory provisions which are ``broader in scope'' than the Federal program and which are not part of the authorized program being incorporated by reference. ``Broader in scope'' provisions cannot be enforced by the EPA; the State, however, may enforce such provisions under State law.
Additionally, Louisiana's hazardous waste regulations include amendments which have not been authorized by the EPA. Since the EPA cannot enforce a State's requirements which have not been reviewed and authorized in accordance with RCRA section 3006 and 40 CFR part 271, it is important to be precise in delineating the scope of a State's authorized hazardous waste program. Regulatory provisions that have not been authorized by the EPA include amendments to previously authorized State regulations as well as certain Federal rules and new State requirements.
Federal rules Louisiana has adopted but is not authorized for include those published in the Federal Register on August 8, 1986 (51 FR 28664); December 1, 1987 (52 FR 45788; Post-Closure Permits requirements); April 12, 1996 (61 FR 16290); and December 17, 2010 (75 FR 78915). In those instances where Louisiana has made unauthorized amendments to previously authorized sections of State code, the EPA is identifying in 40 CFR 272.951(c)(4) any regulations which, while adopted by the State and incorporated by reference, include language not authorized by the EPA. Those unauthorized portions of the State regulations are not Federally enforceable. Thus, notwithstanding the language in Louisiana hazardous waste regulations incorporated by reference at 40 CFR 272.951(c)(1), the EPA will only enforce those portions of the State regulations that are actually authorized by the EPA. For the convenience of the regulated community, the actual State regulatory text authorized by the EPA for the citations listed at 272.951(c)(4) (i.e., without the unauthorized amendments) is compiled as a separate document, Addendum to the EPA Approved Louisiana Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated November 2015. This document is available from EPA Region 6, Sixth Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533, and also Louisiana Department of Environmental Quality, 602 N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone number (225) 219-3559.
State regulations that are not incorporated by reference in this rule at 40 CFR 272.951(c)(1), or that are not listed in 40 CFR 272.951(c)(2) (``legal basis for the State's implementation of the hazardous waste management program''), 40 CFR 272.951(c)(3) (``broader in scope'') or 40 CFR 272.951(c)(4) (``unauthorized state amendments''), are considered new unauthorized State requirements. These requirements are not Federally enforceable.
With respect to any requirement pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has not yet been authorized, the EPA will continue to enforce the Federal HSWA standards until the State is authorized for these provisions.
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What will be the effect of federal HSWA requirements on the codification?
The EPA is not amending 40 CFR part 272 to include HSWA requirements and prohibitions that are implemented by the EPA. Section 3006(g) of RCRA provides that any HSWA requirement or prohibition (including implementing regulations) takes effect in authorized and not authorized States at the same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA has the authority to implement HSWA requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise their programs to adopt the HSWA requirements and prohibitions, and then to seek authorization for those revisions pursuant to 40 CFR part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA provision takes effect under the authority of RCRA section 3006(g), the EPA will wait until the State receives authorization for its analog to the new HSWA provision before amending the State's 40 CFR part 272 incorporation by reference. Until then, persons wanting to know whether a HSWA requirement or prohibition is in effect should refer to 40 CFR 271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA requirement implemented by the EPA. However, until the EPA authorizes those State requirements, the EPA can only enforce the HSWA requirements and not the State analogs. The EPA will not codify those State requirements until the State receives authorization for those requirements.
Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This rule incorporates by reference Louisiana's authorized hazardous waste management regulations and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule merely incorporates by reference certain existing State hazardous waste management program requirements which the EPA already approved under 40 CFR part 271, and with which regulated entities must already comply, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
This action will not have substantial direct effects on the States, on the
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relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely incorporates by reference existing State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249, November 6, 2000).
This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.
The requirements being codified are the result of Louisiana's voluntary participation in the EPA's State program authorization process under RCRA Subtitle C. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This action will be effective December 20, 2016.
List of Subjects
40 CFR Part 271
Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.
Environmental protection, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply.
Authority: This rule is issued under the authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 1, 2016.
Ron Curry,
Regional Administrator,
Region 6.
For the reasons set forth in the preamble, under the authority at 42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final authorization under part 271 to the State of Louisiana for revisions to its hazardous waste program under the Resource Conservation and Recovery Act and is amending 40 CFR part 272 as follows.
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
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1. The authority citation for part 272 continues to read as follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
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2. Revise Sec. 272.951 to read as follows:
Sec. 272.951 Louisiana State-administered program: Final authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Louisiana final authorization for the following elements as submitted to EPA in Louisiana's base program application for final authorization which was approved by EPA effective on February 7, 1985. Subsequent program revision applications were approved effective on January 29, 1990, October 25, 1991 as corrected October 15, 1991; January 23, 1995 as corrected April 11, 1995; March 8, 1995; January 2, 1996; June 11, 1996, March 16, 1998, December 22, 1998, October 25, 1999, November 1, 1999, April 28, 2000, March 5, 2001, February 9, 2004, August 9, 2005, January 12, 2007, October 15, 2007, July 20, 2009, October 4, 2010, August 23, 2011, August 27, 2012, September 11, 2012, November 25, 2013, November 13, 2015 and December 20, 2016.
(b) The State of Louisiana has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.
(c) State Statutes and Regulations. (1) The Louisiana statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the Louisiana regulations that are incorporated by reference in this paragraph from the Office of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; Web site: http://
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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 ``EPA-Approved Louisiana Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program,'' dated November, 2015.
(ii) Reserved
(2) The following provisions provide the legal basis for the State's implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities:
(i) Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 2000: Chapter 1, Section 2002; Chapter 2, Sections 2013, 2014.2, 2020, 2021, 2022.1(B), 2024, 2026 through 2029, 2033.A-D; Chapter 2-A, Section 2050.8; Chapter 9, Sections 2172, 2174, 2175, 2181, 2183.1.B, 2183.2, 2184.B, 2187, 2188.A and C, 2189.A and B, 2190.A-D, 2191.A-C, 2192, 2193, 2196, 2200, 2203.B and C, 2204.A(2), A(3) and B; Chapter 13, Sections 2294(6), 2295.C; Chapter 16, Section 2369.
(ii) Louisiana Statutes Annotated, Revised Statutes, 2014 (effective August 1, 2013) Cumulative Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 2, 2011.A(1), 2011.B and C (except 2011.C(1)(b)), 2011.D (except 2011.D(4), (10)-(12), (16), (19), (20), (23) and (25)), 2011.E-G, 2012, 2014.A (except 2014.A.3), 2017, 2019.A-C, 2022.A (except the first sentence of 2022.A(1)), 2022.B and C, 2023 (except 2023.A(2) and phrase ``Except as otherwise provided in this Subsection,'' in 2023.A(1)), 2025 (except 2025.D, .F(3), .H and .K); Chapter 3, Sections 2054.B(1), 2054.B(2)(a); Chapter 9, Sections 2180.A-C, 2183.C, and .F-.H, 2186.A-
C, 2199; Chapter 18, Section 2417.A.
(iii) Louisiana Administrative Code, Title 33, Part I, Office of The Secretary Part I, Subpart 1: Departmental Administrative Procedures: Chapter 5, Sections 501.A, effective October 20, 2007, 501.B, effective October 20, 2005, 502, effective September 20, 2008, and 503 through 511, effective October 20, 2005; Chapter 7, Section 705, effective October 20, 2006; Chapter 19, Sections 1901 through 1909, effective November 20, 2010; Chapter 23, Sections 2303 through 2309, effective October 20, 2009.
(iv) Louisiana Administrative Code, Title 33, Part V, Hazardous Waste and Hazardous Materials, Louisiana Hazardous Waste Regulations, dated September 2014, unless otherwise specified: Chapter 1, Sections 101, 107.A.-C; Chapter 3, Sections 301, 311.A, 311.C, 315 introductory paragraph, 323.B.3; 323.B.4.d and e; Chapter 5, Section, 503; Chapter 7, Sections 703, 705, 707, 709 through 721; and Chapter 22, Sections 2201.A, 2201.E, 2201.F.
(3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference:
(i) Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 2000: Chapter 9, Sections 2178 and 2197.
(ii) Louisiana Statutes Annotated, Revised Statutes, 2014 (effective August 1, 2013) Cumulative Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 2, Sections 2014.B and D.
(iii) Louisiana Administrative Code, Title 33, Part I, Office of The Secretary Part I, Subpart 1: Departmental Administrative Procedures: Chapter 19, Section 1911, effective November 20, 2010.
(iv) Louisiana Administrative Code, Title 33, Part V, Hazardous Waste And Hazardous Materials, Louisiana Hazardous Waste Regulations, dated September 2014, unless otherwise specified: Chapter 1, Section, 108.G.5; Chapter 3, Section 327; Chapter 11, Sections 1101.G and 1109.E.7.f ; Chapter 13, Section 1313; Chapter 51.
(4) Unauthorized State Amendments. (i) Louisiana has adopted but is not authorized to implement the HSWA rules that are listed in the Table in lieu of the EPA. The EPA will enforce the Federal HSWA standards for which Louisiana is not authorized until the State receives specific authorization from EPA.
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Federal Register
Federal requirement reference Publication date
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Exports of Hazardous Waste 51 FR 28664....... August 8, 1986.
(HSWA).
HSWA Codification Rule 2: Post- 52 FR 45788....... December 1, 1987.
Closure Permits (HSWA).
Imports and Exports of Hazardous 61 FR 16290....... April 12, 1996.
Waste: Implementation of OECD
Council Decision (HSWA).
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(ii)(A) The following authorized provisions of the Louisiana regulations include amendments published in the Louisiana Register that are not approved by EPA. Such unauthorized amendments are not part of the State's authorized program and are, therefore, not Federally enforceable. Thus, notwithstanding the language in the Louisiana hazardous waste regulations incorporated by reference at paragraph (c)(1)(i) of this section, EPA will enforce the State provisions that are actually authorized by EPA. The effective dates of the State's authorized provisions are listed in the following Table.
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Effective date of
State provision authorized provision
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LAC 1111.B.1.c............................ March 20, 1984.
LAC 1113.................................. March 20, 1984.
LAC 4407.A.12............................. March 20, 1984.
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(B) The actual State regulatory text authorized by EPA (i.e., without the unauthorized amendments) is available as a separate document, Addendum to the EPA-Approved Louisiana Regulatory and Statutory Requirements Applicable to the Hazardous Waste Management Program, dated November 2015. Copies of the document can be obtained from U.S. EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202 or Louisiana Department of Environmental Quality, 602 N. Fifth Street, Baton Rouge, Louisiana 70884-2178.
(5) Vacated Federal Rules. Louisiana adopted and was authorized for the following Federal rules which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, respectively; June 27, 2014):
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Federal requirement Federal Register reference Publication date
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Hazardous Waste Combustors; Revised 63 FR 33782................ June 19, 1998.
Standards (HSWA) (Checklist 168--40 CFR
261.4(a)(16) and 261.38 only).
Exclusion of Oil-Bearing Secondary 73 FR 57................... January 2, 2008.
Materials Processed in a Gasification
System to Produce Synthesis Gas
(Checklist 216--Definition of
``Gasification'' at 40 CFR 260.10 and
amendment to 40 CFR 261.4(a)(12)(i)).
Withdrawal of the Emission Comparable 7 FR 33712................. June 15, 2010.
Fuel Exclusion under RCRA (Checklist
224--amendments to 40 CFR 261.4(a)(16)
and 261.38).
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(6) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the State of Louisiana, signed by the Secretary of the State of Louisiana Department of Environmental Quality (LDEQ) on October 30, 2014 and the EPA Regional Administrator on August 21, 2015 is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Statement of Legal Authority. ``Attorney General's Statement for Final Authorization'', signed by the Attorney General of Louisiana on December, 13, 1996 and revisions, supplements and addenda to that Statement dated January 13, 1998, January 13, 1999, January 27, 1999, August 19, 1999, August 29, 2000, October 17, 2001, February 25, 2003, October 20, 2004, December 19, 2005, September 5, 2006, October 9, 2008, January 14, 2010, April 18, 2012, and June 11, 2014 are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(8) Program Description. The Program Description and any other materials submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
0
3. Appendix A to part 272 is amended by revising the listing for ``Louisiana'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Louisiana
The statutory provisions include:
Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 2000: Chapter 2, Section 2022.1(A); Chapter 8, Section 2153(1); Chapter 9, Sections 2173 (except 2173(9)), 2183.1.A, 2184.A, 2188.B, 2189.C, 2202, 2203.A, 2204.A(1) and C; Chapter 13, Sections 2295.A and B.
Louisiana Statutes Annotated, Revised Statutes, 2014 (effective August 1, 2013) Cumulative Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 1, Sections 2003, 2004 introductory paragraph, 2004(2)-(4), 2004(7)-
(10), 2004(13), 2004(14) (except 2004(14)(b)-(d)), 2004(15), 2004(18); Chapter 2, Section 2022.A(1), first sentence; Chapter 9, Sections 2183.A, B, D, E, and I; Chapter 18, Section 2417.E(5).
Copies of the Louisiana statutes that are incorporated by reference are available from West Publishing Company, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-800-328-4880; Web site: http://west.thomson.com.
The regulatory provisions include:
Louisiana Administrative Code, Title 33, Part V, Hazardous Waste and Hazardous Materials, Louisiana Hazardous Waste Regulations, Part V, Subpart 1: Department of Environmental Quality--Hazardous Waste, dated September 2014. Please note that for some provisions, the authorized version is found in the LAC, Title 33, Part V, dated September 2011, December 31, 2009 or June 1995.
Chapter 1--General Provisions And Definitions, Sections 103; 105 (except the phrase ``, gasification (as defined in LAC 33:V.109)'' in 105.D.1.l.i, 105.D.1.q, and 105.P); 108 (except 108.G.5); 109 (except ``Batch tank'', ``Competent Authorities'', ``Concerned Countries'', ``Continuous flow tank'', ``Country of Export'', ``Country of Import'', ``Country of Transit'', ``EPA Acknowledgement of Consent'', ``Exporter'', ``Exporting Country'', ``Gasification'', ``Importer'', ``Importing Country'', ``OECD'', ``Organization for Economic Cooperation and Development (OECD) Area'', ``Primary Exporter'', ``Receiving Country'', ``Recognized Trader'', ``Recovery Facility'', ``Recovery Operations'', ``Transboundary Movement'', ``Transit Country''); 110 (except 110.G.1 and reserved provisions); 111;
Chapter 3--General Conditions for Treatment, Storage, and Disposal Facility Permits, Sections 303; 305 (except 305.F and .G); 307; 309; 311 (except 311.A and .C); 313; 315.A-.D; 317; 319; 321.A (except the phrase ``and in accordance with LAC 33.I.Chapter 15''); 321.B and .C; 322 (except 322.D.1.g); 323 (except 323.B.3, .B.4.d and .e); 325; 329;
Chapter 5--Permit Application Contents, Sections 501; 505 through 516; 517 (except the following phrases in 517.V: ``or 2271, or a determination made under LAC 33:V.2273,'' and, ``or a determination''); 519 through 528; 529 (except 529.E); 530 through 536; 537 (except 537.B.2.f and .B.2.l); 540 through 699;
Chapter 7--Administrative Procedures for Treatment, Storage, and Disposal Facility Permits, Sections 701; 706; 708;
Chapter 11--Generators, Sections 1101 (except 1101.B and .G); 1103; 1105; 1107 (except reserved provision); 1109 (except 1109.E.1 introductory paragraph, .E.1.a.ii, .E.1.a.iv, .E.1.b, .E.1.c, .E.7.f, and reserved provision); 1109.E.1 introductory paragraph (September 2011); 1109.E.1.a.ii (December 31, 2009); 1109.E.1.a.iv, .E.1.b, and .E.1.c (September 2011); 1111.A; 1111.B.1 introductory paragraph (except the phrase ``to a treatment, storage, or disposal facility within the United States''); 1111.B.1.a.-.c; 1111.B.1.d (except the phrase ``within the United States''); 1111.B.1.e (except the phrase ``within the United States''); 1111.B.1.f.-.h; 1111.B.2 (except the phrase ``for a period of at least three years from the date of the report'' and the third and fourth sentences); 1111.C-.E; 1113; 1121; 1199 Appendix A;
Chapter 13--Transporters, Sections 1301 (except 1301.F); 1303; 1305; 1307.A introductory paragraph (except the third sentence); 1307.B; 1307.C (except the last sentence); 1307.D; 1307.E (except the phrase ``and, for exports, an EPA Acknowledgment of Consent'' at .E.2); 1307.F (except the phrase ``and, for exports, an EPA Acknowledgment of Consent'' at 1307.F.2); 1307.G (except 1307.G.4); 1307.H; 1309; 1311; 1315 through 1323;
Chapter 15--Treatment, Storage, and Disposal Facilities, Sections 1501 (except reserved provision); 1503 through 1529; 1531 (except 1531.B); 1533; 1535;
Chapter 17--Air Emission Standards, Sections 1701 through 1799; Appendix Table 1;
Chapter 18--Containment Buildings, Sections 1801; 1802; 1803 (except 1803.B.2);
Chapter 19--Tanks, Sections 1901 (December 31, 2009); 1903; 1905; 1907.A-.D; 1907.E (December 31, 2009); 1907.F-.I; 1909.A-.C; 1911 through 1921;
Chapter 20--Integration With Maximum Achievable Control Technology (MACT), Section 2001;
Chapter 21--Containers, Sections 2101 through 2119;
Chapter 22--Prohibitions On Land Disposal, Sections 2201.B-.D; 2201.G (except 2201.G.3); 2201.H; 2201.I; 2203.A (except ``Cone of Influence'', ``Confining Zone'', ``Formation'', ``Injection Interval'', ``Injection Zone'', ``Mechanical Integrity'', ``Transmissive Fault or Fracture'', ``Treatment'', ``Underground Source of Drinking Water''); 2203.B; 2205 (except the phrase ``or a determination made under LAC 33:V.2273,'' in 2205.D); 2207; 2208; 2209 (except the phrase ``or a determination made under LAC 33:V.2273,'' in 2209.D.1); 2211; 2213; 2215; 2216 (except the phrase ``or 2271'' in 2216.E.2); 2218 (except the phrase ``or 2271'' in 2218.B.2); 2219; 2221.D-.F; 2223; 2227 (except 2227.B), 2230, 2231.G-.M,
Page 72737
2233, 2236, 2237, 2245.A-I.; 2246; 2247 (except 2247.G and .H); 2299 Appendix (except Tables 4 and 12);
Chapter 23--Waste Piles, Sections 2301 through 2313; 2315 (except the word ``either'' at the end of 2315.B introductory paragraph; the word ``or'' at the end of 2315.B.1; and 2315.B.2); 2317;
Chapter 24--Hazardous Waste Munitions And Explosives Storage, Sections 2401 through 2405;
Chapter 25--Landfills, Sections 2501 through 2523;
Chapter 26--Corrective Action Management Units And Temporary Units, Sections 2601 through 2607;
Chapter 27--Land Treatment, Sections 2701 through 2723;
Chapter 28--Drip Pads, Sections 2801 through 2807; 2809 (except the word ``either'' at the end of 2809.B introductory paragraph; the word ``or'' at the end of 2809.B.1; and 2809.B.2);
Chapter 29--Surface Impoundments, Sections 2901 through 2909; 2911 (except the word ``either'' at end of 2911.B introductory paragraph and 2911.B.1); 2913 through 2919;
Chapter 30--Hazardous Waste Burned In Boilers And Industrial Furnaces, Sections 3001 through 3007; 3009 (except reserved provision); 3011 through 3025; 3099 Appendices A through L;
Chapter 31--Incinerators, Sections 3101 through 3121;
Chapter 32--Miscellaneous Units, Sections 3201; 3203; 3205; 3207 (except 3207.C.2);
Chapter 33--Groundwater Protection, Sections 3301 through 3321; 3322 (except 3322.D); 3323; 3325;
Chapter 35--Closure and Post-Closure, Sections 3501 through 3505; 3507 (except 3507.B); 3509 through 3519; 3521 (except 3521.A.3); 3523 through 3527;
Chapter 37--Financial Requirements, Sections 3701 through 3719;
Chapter 38--Universal Wastes, Sections 3801 through 3811; 3813 (except ``Mercury-containing Lamp''); 3815 through 3833; 3835 (except the phrase ``, other than to those OECD countries . . . requirements of LAC 33:V.Chapter 11.Subchapter B),'' at 3835.A introductory paragraph); 3837 through 3855; 3857 (except the phrase ``, other than to those OECD countries . . . requirements of LAC 33:V.Chapter 11.Subchapter B),'' at 3857.A introductory paragraph); 3859 through 3869; 3871 (except the phrase ``other than to those OECD countries . . . requirements of LAC 33:V.Chapter 11.Subchapter B)'' at 3871.A introductory paragraph); 3873 through 3877; 3879 (except 3879.B); 3881; 3883;
Chapter 40--Used Oil, Sections 4001 through 4093;
Chapter 41--Recyclable Materials, Sections 4101; 4105 (except.A.1.a.i and ii, and .A.4); 4139; 4141; 4143 (except the word ``and'' at the end of 4143.B.4; and 4143.B.5); 4145;
Chapter 42--Conditional Exemption for Low-Level Mixed Waste Storage and Disposal, Sections 4201 through 4243;
Chapter 43--Interim Status, Sections 4301.A; 4301.B (June 1995); 4301.B; 4301.C (June 1995); 4301.C -.I; 4302 through 4371; 4373 (except the last two sentences ``The administrative authority . . . as demonstrated in accordance with LAC 33:I.Chapter 13.'' in 4373.K.1); 4375; 4377; 4379 (except 4379.B); 4381 through 4387; 4389 (except 4389.C); 4391 through 4397; 4399 (except 4399.A.6.i); 4401 through 4413; 4417 through 4435; 4437 (except 4437.E.1, 4437.E.2, and 4437.J); 4437.E.1 and .E.2 (December 31, 2009); 4438 through 4456; 4457.A (except 4457.A.2); 4457.B (except the phrase: ``If the owner or operator . . . he must'' in the introductory paragraph); 4457.C; 4459 through 4474; 4475 (except the word ``either'' at the end of 4475.B introductory paragraph; the word ``or'' at the end of 4475.B.1; and 4475.B.2); 4476 through 4499; 4501 (except 4501.D.3); 4502 through 4703; 4705 (except the word ``either'' at the end of 4705.B introductory paragraph; the word ``or'' at the end of 4705.B.1; and 4705.B.2); 4707 through 4739;
Chapter 49--Lists Of Hazardous Wastes, Sections 4901; 4903; 4907; 4911 through 4915; 4999 Appendices C through E;
Chapter 53--Military Munitions, Sections 5301 through 5311;
Louisiana Administrative Code, Title 33, Part VII, Solid Waste, as amended through June 2011; Sections 301.A.2.a and 315.J.
Copies of the Louisiana Administrative Code as published by the Office of the State Register, P. O. Box 94095, Baton Rouge, LA 70804-9095; Phone: (225) 342-5015; Web site: http://doa.louisiana.gov/osr/lac/lac.htm.
* * * * *
FR Doc. 2016-25318 Filed 10-20-16; 8:45 am
BILLING CODE 6560-50-P
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