
[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41292-41300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16825]



[[Page 41292]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-2012-0411; FRL-9694-7]


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.

-----------------------------------------------------------------------

SUMMARY: During a review of Louisiana's regulations, the EPA identified 
a variety of State-initiated changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA). We have 
determined that these changes are minor and satisfy all requirements 
needed to qualify for Final authorization and are authorizing the 
State-initiated changes through this direct Final action. In addition, 
this document corrects technical errors made in the May 20, 2009, 
Federal Register authorization document for Louisiana.
    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of Louisiana's hazardous waste 
management program and incorporates by reference authorized provisions 
of the State's statutes and regulations.

DATES: This regulation is effective September 11, 2012, unless the EPA 
receives adverse written comment on this regulation by the close of 
business August 13, 2012. If the EPA receives such comments, it will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that this rule will not take effect. The 
Director of the Federal Register approves this incorporation by 
reference as of September 11, 2012 in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: patterson.alima@epa.gov or banks.julia@epa.gov.
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, or Julia Banks, Codification Coordinator, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, or Julia 
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 
Ross Avenue Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI 
or otherwise protected through regulations.gov, or email. The Federal 
regulations.gov Web site is an ``anonymous access'' system, which means 
the EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to the EPA without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, the EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If the EPA cannot read 
your comment due to technical difficulties, and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    You can view and copy the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4:00 p.m. Monday through Friday at the following location: EPA 
Region 6, 1445 Ross Avenue Dallas, Texas, 75202-2733, phone number 
(214) 665-8533 or (214) 665-8178. Interested persons wanting to examine 
these documents should make an appointment with the office at least two 
weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization Coordinator, or Julia Banks, Codification Coordinator, 
State/Tribal Oversight Section (6PD-O), Multimedia Planning and 
Permitting Division, (214) 665-8533 or (214) 665-8178, EPA Region 6, 
1445 Ross Avenue Dallas, Texas 75202-2733, and email address 
patterson.alima@epa.gov or banks.julia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received Final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste programs may 
be necessary when Federal or State statutory or regulatory authority is 
modified or when certain other changes occur. Most commonly, States 
must change their programs because of changes to the EPA's regulations 
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 
270, 273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that Louisiana's revisions to its authorized program 
meet all of the statutory and regulatory requirements established by 
RCRA. We found that the State-initiated changes make Louisiana's rules 
more clear or conform more closely to the Federal equivalents and are 
so minor in nature that a formal application is unnecessary. Therefore, 
we grant Louisiana final authorization to operate its hazardous waste 
program with the changes described in the table at Section G below. 
Louisiana has responsibility for permitting Treatment, Storage, and 
Disposal Facilities (TSDFs) within its borders (except in Indian 
Country) and for carrying out all authorized aspects of the RCRA 
program, subject to the 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.

[[Page 41293]]

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Louisiana subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Louisiana has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but the EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the statutes and regulations for which 
Louisiana is being authorized by this direct final action are already 
effective and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the Proposed Rules section of this Federal 
Register we are publishing a separate document that proposes to 
authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization or the 
incorporation-by-reference of the State program, we will withdraw this 
rule by publishing a timely document in the Federal Register before the 
rule becomes effective. The EPA will base any further decision on the 
authorization of the State program changes, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will 
then address all public comments in a later final rule. If you want to 
comment on this authorization and incorporation-by-reference, 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 or the incorporation-by-reference of the State program, we may 
withdraw only that part of this rule, but the authorization of the 
program changes or the incorporation-by-reference of the State program 
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 or incorporation-by-reference of the 
State program 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 
January 24, 1985, effective February 7, 1985 (see 50 FR 3348), to 
implement its Base Hazardous Waste Management Program. Louisiana 
received authorization for revisions to its program effective January 
29, 1990 (54 FR 48889), October 25, 1991 (56 FR 41958) as corrected 
October 15, 1991 (56 FR 51762); January 23, 1995 (59 FR 55368) as 
corrected April 11, 1995 (60 FR 18360); March 8, 1995 (59 FR 66200); 
January 2, 1996 (60 FR 53704 and 60 FR 53707); June 11, 1996 (61 FR 
13777), March 16, 1998 (62 FR 67572), December 22, 1998 (63 FR 56830), 
October 25, 1999 (64 FR 46302), November 1, 1999 (64 FR 48099), April 
28, 2000 (65 FR 10411), March 5, 2001 (66 FR 23), February 9, 2004 (68 
FR 68526), August 9, 2005 (70 FR 33852), January 12, 2007 (71 FR 
66118), October 15, 2007 (72 FR 45905), July 20, 2009 (74 FR 23645), 
October 4, 2010 (75 FR 47223), and August 23, 2011 (76 FR 37021).

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the 
following table. 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 statutory provisions or RCRA regulations found at 40 CFR as of 
July 1, 2008. The Louisiana provisions are from the Louisiana 
Administrative Code (LAC), Title 33, Part V effective December 31, 2009 
(except as noted below).

------------------------------------------------------------------------
       State citation (LAC 33:V)             Federal analog (40 CFR)
------------------------------------------------------------------------
               State analogs to 40 CFR Part 260 provisions
              (Hazardous waste management system: General)
------------------------------------------------------------------------
105.I.1................................  260.21(a).
105.I.2.c..............................  260.21(b)(3).
105.O.1 intro..........................  260.30 intro.
109 Toxic Waste........................  260.10 related; No Federal
                                          analog.
109 Corrosive Waste....................  260.10 related, No Federal
                                          analog.
109 Ignitable Waste....................  260.10 related; No Federal
                                          analog.
109 Incompatible Waste.................  260.10 ``incompatible waste''.
109 Reactive Waste.....................  260.10 related; No Federal
                                          analog.
109 SPOC...............................  No Federal analog.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 261 provisions
            (Identification and listing of hazardous waste)
------------------------------------------------------------------------
105.D.2.l intro........................  261.4(b)(11) intro.
3105. Table 1 (Chapter 31, Table 1)....  261 App. VIII.
4137 (Repealed)........................  261.6(a)(2) (Duplicate analog
                                          in state's regulations).
4999, Appendix E.......................  261 Appendix IX.
------------------------------------------------------------------------

[[Page 41294]]

 
               State analogs to 40 CFR Part 262 provisions
         (Standards applicable to generators of hazardous waste)
------------------------------------------------------------------------
1107.A.9 and .A.10 (Removed)...........  262 Appendix (2004 CFR).
1107.A.8...............................  262.20(f).
1107.B.................................  262 Appendix, I related.
1109.D.................................  262.33.
1901.D.................................  262.34(a)(1)(ii) related.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 263 provisions
       (Standards applicable to transporters of hazardous waste)
------------------------------------------------------------------------
105.J.2................................  263.30(c)(2) related; No
                                          Federal analog.
1315.E & .F............................  263.30(c)-(d).
1319.C (Repealed)......................  263 related; No Federal analog.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 264 provisions
    (Standards for owners and operators of hazardous waste treatment,
                    storage, and disposal facilities)
------------------------------------------------------------------------
1509.B intro (Removed).................  264.15(b) related; No Federal
                                          analog.
1513.B.1...............................  264.52(a).
1516.C.5 & .C.6........................  264.72(e) & (f).
1517.E (Removed).......................  264.17 related: No federal
                                          analog.
1519.D.................................  264.13 related; No Federal
                                          analog.
1529.B.12..............................  264.73(b)(10).
1529.B.13-.16..........................  264.73(b)(11)-(14).
1529.B.17 & .18........................  264.73(b)(15) & (16).
1529.B.19..............................  264.73(b)(9).
1529.E.1...............................  264.77(a).
1709.E.................................  264.1033(e).
1711.B.1...............................  264.1034(b)(1).
1711.C.1.a.............................  264.1034(c)(1).
1741.B.1...............................  264.1063(b)(1).
1901.A.................................  264.190(a).
1905.H.................................  264.192 related; No Federal
                                          analog.
1907.G.3 and .G.4......................  264.193(g)(3) and (g)(4).
1915.D.................................  264.197 related; No Federal
                                          analog.
2101.D.................................  264.170 related; No Federal
                                          analog.
2303.K.................................  264.251 related; No Federal
                                          analog.
2311.A.1 & .2..........................  264.256(a)&(b).
2503.K.1.k--K.1.m......................  264.301 related; No Federal
                                          analog.
2703.I & J.............................  264.273 related; No Federal
                                          analog.
2903.I.................................  264.221(c) related; No Federal
                                          analog.
3207.B.................................  264.603 related; No Federal
                                          analog.
3105.B.1...............................  264.340(b)(1).
3105.C.................................  264.340(c).
3111.A.4...............................  264.343(c).
3207.C (except .C.2)...................  264.603 related; No Federal
                                          analog.
3315.K.................................  264.97 related; No Federal
                                          analog.
3325 and Table 4.......................  264, Appendix IX.
3715.F.8...............................  264.147(f) related; No Federal
                                          analog.
3719.A.................................  264.151(a).
------------------------------------------------------------------------
               State analogs to 40 CFR Part 265 provisions
     (Interim standards for owners and operators of hazardous waste
              treatment, storage, and disposal facilities)
------------------------------------------------------------------------
4339...................................  265.51.
4357.B.6...............................  265.73(b)(4).
4357.B.10..............................  265.73(b)(8).
4365.A.................................  265.77(a).
4367.D.................................  265.90(e).
4393.C.................................  265.119(c).
4395...................................  265.120.
4437.E.2...............................  265.193(e)(2).
4437.G.3.b.............................  265.193(g)(3)(ii).
4437.G.3.c.............................  265.193(g)(3)(iii).
4437.I.3 and .I.4......................  265.193(i)(3) and (i)(4).
4459...................................  265.229.
4501.B.1 and B.2.......................  265.310(a)(1) (July 1, 1993).
4512.D intro. and D.1..................  265.301(d) intro. and (d)(1).
------------------------------------------------------------------------
               State analogs to 40 CFR Part 266 provisions
 (Standards for the management of specific hazardous wastes and specific
             types of hazardous waste management facilities)
------------------------------------------------------------------------
3001.D.3.a intro.......................  266.100(d)(3)(i) intro.

[[Page 41295]]

 
3001.G.1.b.............................  266.100(g)(2).
3007.C.1.h.............................  266.103(c)(1)(viii).
3013.B.3...............................  266.106(b)(3).
3023.E.................................  266.111(e).
3025.B.2.b.............................  266.112(b)(2)(ii).
3099, Appendix A.......................  Part 266, Appendix I/Table I-A--
                                          Table I-E.
3099, Appendices B-I...................  Part 266, Appendices II-IX.
3099, Appendices J-L...................  Part 266, Appendices XI-XIII.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 268 provisions
                      (Land disposal restrictions)
------------------------------------------------------------------------
2230.B (except .B.2)...................  268.45(b) (except (b)(2)).
2246.E intro...........................  268.7(d) intro.
2247.C intro...........................  268.7(b)(4) intro.
2299.Table 10..........................  268.44(o)/Table 1.
------------------------------------------------------------------------
               State analogs to 40 CFR Part 270 provisions
                  (The hazardous waste permit program)
------------------------------------------------------------------------
303.Q..................................  270.10(k).
305.D.2.f..............................  270.60(c)(3)(vi).
305.D.2.g..............................  270.60(c) related; No Federal
                                          analog.
321.C.3.a.iv...........................  270.42(c)(1)(iv).
321.C.10 intro.........................  270.42(j) intro.
519.A..................................  270.14(a).
529.A.2................................  270.19(a)(2).
529.A.4................................  270.19(a)(4).
------------------------------------------------------------------------
               State analogs to 40 CFR Part 270 provisions
                           (Recycled used oil)
------------------------------------------------------------------------
4003.B.1.a.............................  279.10(b)(1)(i).
4003.B.2.c.............................  279.10(b)(2)(iii).
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and 
those permits issued by the EPA because no new substantive requirements 
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in 
Louisiana?

    Louisiana is not authorized to carry out its Hazardous Waste 
Program in Indian Country within the State. This authority remains with 
EPA. Therefore, this action has no effect in Indian Country.

II. Technical Corrections

    The following technical corrections are made to the May 20, 2009 
Louisiana authorization Federal Register document. The corrections 
being made address additions or corrections to the list of citations 
for checklist entries that was included in the published Federal 
Register document and are presented in order of the checklist number, 
followed by a brief description of the correction being made.

A. Corrections to the 5/20/09 Federal Register (74 FR 23645; Effective 
7/20/09)

    1. For Checklist 208, the following corrections should be made:
    a. The citation ``100.B.6-7'' is corrected to read ``110.B.5-7''.
    b. The citation ``100.C.3.aa'' is corrected to read ``110.C.3.aa''
    c. The citation ``4727.A.c.i-v'' is corrected to read 
``4727.A.3.c.i-v''.
    2. For Checklist 214, the following corrections should be made:
    a. The citation ``2245.C.1.b.'' is corrected to read ``2245.C.2''.
    b. The citation ``2515.E.2'' is corrected to read ``2515.D.''.
    c. The citation ``4903.B.b.i-iv'' is corrected to read 
``4903.B.3.b.i-iv''.
    d. The citation ``4901.D.1.a.iii(d)'' is corrected to read 
``4909.D.1.a.iii(d)''.
    e. The citation ``4901.Table 7'' is corrected to read ``4909.Table 
7''.

III. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 272 
and incorporates by reference State statutes and regulations that the 
EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of codification of Louisiana's hazardous waste 
management program?

    The EPA incorporated by reference Louisiana's then authorized 
hazardous waste management program effective March 16, 1998 (62 FR 
67578), and October 4, 2010 (75 FR 47223).
    In this document, the EPA is revising Subpart T of 40 CFR part 272 
to include the authorization revision actions effective July 20, 2009 
(74 FR 23645) and August 23, 2011 (76 FR 37021.

[[Page 41296]]

C. What codification decisions have we made in this rule?

    The purpose of this Federal Register document is to codify 
Louisiana's base hazardous waste management program and its revisions 
to that program. The EPA 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 notices 
specified in Section I.F of this document.
    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.

D. What is the effect of Louisiana's codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Louisiana 
procedural and enforcement authorities. Section 272.951(c)(2) of 40 CFR 
lists the statutory provisions which provide the legal basis for the 
State's implementation of the hazardous waste management program, as 
well as those procedural and enforcement authorities that are part of 
the State's approved program, but these are not incorporated by 
reference.

E. What state provisions are not part of the codification?

    The public needs to be aware that some provisions of Louisiana's 
hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules adopted by Louisiana but for which the State is 
not authorized;
    (3) Unauthorized amendments to authorized State provisions; and
    (4) Other new unauthorized State requirements.
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and the EPA will 
not enforce them. Therefore, they are not incorporated by reference in 
40 CFR part 272. For reference and clarity, 40 CFR 272.951(c)(3) lists 
the Louisiana regulatory provisions which are ``broader in scope'' than 
the Federal program and which are not part of the 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); and April 12, 1996 (61 FR 
16290). In those instances where Louisiana has made unauthorized 
amendments to previously authorized sections of State code, the EPA is 
identifying in 40 CFR 272.951(c)(4) any regulations which, while 
adopted by the State and incorporated by reference, include language 
not authorized by the EPA. Those unauthorized portions of the State 
regulations are not Federally enforceable. Thus, notwithstanding the 
language in Louisiana hazardous waste regulations incorporated by 
reference at 40 CFR 272.951(c)(1), the EPA will only enforce those 
portions of the State regulations that are actually authorized by the 
EPA. For the convenience of the regulated community, the actual State 
regulatory text authorized by the EPA for the citations listed at 
272.951(c)(4) (i.e., without the unauthorized amendments) is compiled 
as a separate document, Addendum to the EPA Approved Louisiana 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program, August 2011. This document is available from EPA Region 6, 
Sixth Floor, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: 
(214) 665-8533, and also Louisiana Department of Environmental Quality, 
602 N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone number 
(225) 219-3559.
    State regulations that are not incorporated by reference in this 
rule at 40 CFR 272.951(c)(1), or that are not listed in 40 CFR 
272.951(c)(2) (``legal basis for the State's implementation of the 
hazardous waste management program''), 40 CFR 272.951(c)(3) (``broader 
in scope'') or 40 CFR 272.951(c)(4) (``unauthorized state 
amendments''), are considered new unauthorized State requirements. 
These requirements are not Federally enforceable.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by the EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including

[[Page 41297]]

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 relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing authorized State hazardous waste management program 
requirements without altering the relationship or the distribution of 
power and responsibilities established by RCRA. This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of Louisiana's 
voluntary participation in the EPA's State program authorization 
process under RCRA Subtitle C. Thus, the requirements of section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) do not apply. As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. The EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this document and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This action will be effective September 11, 2012.

List of Subjects in 40 CFR Parts 271 and 272

    Environmental Protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Authority: This action is issued under the authority of Sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 15, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final 
authorization under part 271 to the State of Louisiana for revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act and is amending 40 CFR part 272 as follows.

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
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,

[[Page 41298]]

August 23, 2011, and September 11, 2012.
    (b) The State of Louisiana has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and Regulations. (1) The Louisiana statutes and 
regulations cited in paragraph (c)(1)(i) of this section are 
incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Louisiana regulations that are incorporated by reference 
in this paragraph from the Office of the State Register, P.O. Box 
94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; Web 
site: http://doa.louisiana.gov/osr/lac/lac.htm. The statutes are 
available from West Publishing Company, 610 Opperman Drive, P.O. Box 
64526, St. Paul, Minnesota 55164 0526; Phone: 1-800-328-4880; Web site: 
http://west.thomson.com. You may inspect a copy at EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202 (Phone number (214) 665-8533), or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA Approved Louisiana Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', dated August 2011.
    (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, Sections 
2002, 2013, 2014.2, 2020, 2021, 2022.1(B), 2023, 2024; Chapter 2, 
Sections 2026 through 2029, 2033.A-D; Chapter 2-A, Section 2050.8; 
Chapter 9, Sections 2172, 2174, 2175, 2181, 2183.1.B, 2183.2, 2184.B, 
2187, 2188.A and C, 2189.A and B, 2190.A-D, 2191.A-C, 2192, 2193, 2196, 
2199, 2200, 2203.B and C, 2204.A(2), A(3) and B; Chapter 13, Sections 
2294(6), 2295.C; Chapter 16, Section 2369.
    (ii) Louisiana Statutes Annotated, Revised Statutes, 2010 
(effective August 15, 2009) Cumulative Annual Pocket Part, Volume 17B, 
Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 
2, 2011.A(1), 2011.B and C, 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, 2025 (except 2025.D, .F(3), .H and .K); Chapter 3, Sections 
2054.B(1), 2054.B(2)(a); Chapter 9, Sections 2180.A-C, 2183.C, and 
.F-.H, 2186.A-C; Chapter 18, Section 2417.A.
    (iii) Louisiana Administrative Code, Title 33, Part I, Office of 
The Secretary Part I, Subpart 1: Departmental Administrative 
Procedures: Chapter 5, Sections 501 through 511, effective October 20, 
2005; Chapter 7, Section 705, effective October 20, 2006; Chapter 19, 
Sections 1901 through 1909, effective October 20, 2005; 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, 
revised as of December 31, 2009: 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, 2010 
(effective August 15, 2009) 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 October 20, 2009.
    (iv) Louisiana Administrative Code, Title 33, Part V, Hazardous 
Waste And Hazardous Materials, Louisiana Hazardous Waste Regulations, 
revised as of December 31, 2010: Chapter 1, Section, 108.G.5; Chapter 
3, Section 327; Chapter 11, Sections 1101.G and 1109.E.7.f ; Chapter 
13, Section 1313; Chapter 51.
    (4) Unauthorized State Amendments. (i) Louisiana has adopted but is 
not authorized to implement the HSWA rules that are listed in the Table 
in lieu of the EPA. The EPA will enforce the Federal HSWA standards for 
which Louisiana is not authorized until the State receives specific 
authorization from EPA.

----------------------------------------------------------------------------------------------------------------
          Federal requirement                Federal Register reference                Publication date
----------------------------------------------------------------------------------------------------------------
Exports of Hazardous Waste (HSWA).....  51 FR 28664........................  August 8, 1986.
HSWA Codification Rule 2: Post-Closure  52 FR 45788........................  December 1, 1987.
 Permits (HSWA).
Imports and Exports of Hazardous        61 FR 16290........................  April 12, 1996.
 Waste: Implementation of OECD Council
 Decision (HSWA).
----------------------------------------------------------------------------------------------------------------

    (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.

[[Page 41299]]



------------------------------------------------------------------------
                                           Effective date of authorized
            State provision                         provision
------------------------------------------------------------------------
LAC 1111.B.1.c.........................  March 20, 1984.
LAC 1113...............................  March 20, 1984.
LAC 4407.A.12..........................  March 20, 1984.
------------------------------------------------------------------------

     (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, August, 2011. Copies of the document can be obtained from U.S. 
EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202 also Louisiana 
Department of Environmental Quality, 602 N. Fifth Street, Baton Rouge, 
Louisiana 70884-2178.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of Louisiana, signed by the EPA Regional 
Administrator on June 8, 2011 is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Louisiana 
on December, 13, 1996 and revisions, supplements and addenda to that 
Statement dated January 13, 1998, January 13, 1999, January 27, 1999, 
August 19, 1999, August 29, 2000, October 17, 2001, February 25, 2003, 
October 20, 2004, December 19, 2005, September 5, 2006, October 9, 
2008, and January 14, 2010 are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.

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, 2010 (effective 
August 15, 2009) 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 published by West Publishing Company, 
610 Opperman Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526; 
Phone: 1-800-328-4880; Web site: http://west.thomson.com.
    The regulatory provisions include:
    Louisiana Administrative Code, Title 33, Part V, Hazardous Waste 
and Hazardous Materials, Louisiana Hazardous Waste Regulations, Part 
V, Subpart 1: Department Of Environmental Quality--Hazardous Waste, 
revised as of December 31, 2009 (unless otherwise specified):
    Chapter 1--General Provisions And Definitions, Sections 103, 
105, 108 (except G.5), 109 (except ``Competent Authorities'', 
``Concerned Countries'', the two occurrences of ``Consignee'', 
``Country of Transit'', ``EPA Acknowledgement of Consent'', 
``Exporting Country'', ``Importing Country'', ``Notifier'', 
``Organization for Economic Cooperation and Development (OECD) 
Area'', ``Primary Exporter'', ``Receiving Country'', ``Recognized 
Trader'', ``Recovery Facility'', ``Recovery Operations'', 
``Transfrontier Movement'', ``Transit Country''), 110 (except 
110.D.2, .E.2, .F.2, .G.1 and .G.2), 111;
    Chapter 3--General Conditions for Transfer Storage and Disposal 
Facility Permits, Sections 303, 305 (except 305.F and 305.G), 307, 
309, 311 (except 311.A and .C), 313, 315.A-.D, 317, 319, 321.A 
(except the phrase ``in accordance with LAC 33.I.Chapter 15''), 
321.B and .C, 322 (except 322.D.1.g), 323 (except 323.B.3, .B.4.d 
and .B.4.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 1107.D.5), 1109 (except 1109.E.3 and 
.E.7.f), 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 1501.C.3), 1503 through 1515, 1516 (except 1516.B.4), 
1517 through 1529, 1531 (except 1531.B), 1533, 1535;
    Chapter 17--Air Emission Standards, Sections 1701 through 1799, 
Appendix Table 1;
    Chapter 18--Containment Buildings, Sections 1801, 1802, 1803, 
(except 1803.B.2);
    Chapter 19--Tanks, Sections 1901 through 1907, 1909 (except 
1909.D), 1911 through 1921;
    Chapter 20--Integration With Maximum Achievable Control 
Technology (MACT), Section 2001;
    Chapter 21--Containers, Sections 2101 through 2119;
    Chapter 22--Prohibitions on Land Disposal, Sections 2201.B-.D, 
2201.G (except 2201.G.3), 2201.H, 2201.I, 2203.A (except ``Cone of 
Influence,'' ``Confining Zone,'' ``Formation,'' ``Injection 
Interval,'' ``Injection Zone,'' ``Mechanical Integrity,'' 
``Transmissive Fault or Fracture,'' ``Treatment,'' ``Underground 
Source of Drinking Water''), 2203.B, 2205, (except the phrase ``or a 
determination under LAC 33:V.2273,'' in 2205.D), 2207, 2208, 2209 
(except the phrase ``or a determination under LAC 33:V.2273,'' in 
2209.D.1), 2211, 2213, 2215, 2216 (except the phrase ``or 2271'' in 
2216.E.2), 2218 (except the phrase ``or 2271'' in 2218.B.2), 2219, 
2221.D-.F, 2223, 2227 (except 2227.B), 2230, 2231.G-.M, 2233, 2236, 
2237, 2245 (except 2245.J and .K), 2246, 2247 (except 2247.G and 
.H), 2299 Appendix (except 2299 Tables 4 and 12);
    Chapter 23--Waste Piles, Sections 2301 through 2313, 2315 
(except the word ``either'' at the end of the introductory 
paragraph, the word ``or'' at the end of 2315.B.1, and .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 .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 3009.F), 3011 
through 3025, 3099 Appendices A through L;

[[Page 41300]]

    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 3701, 3703, 3705 (except the 
last sentence in 3705.D), 3707 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),''), 3837 through 
3855, 3857 (except the phrase ``other than to those OECD countries * 
* * requirements of LAC 33:V.Chapter 11.Subchapter B),''), 3859 
through 3869, 3871.A introductory paragraph (except the phrase 
``other than to those OECD countries * * * requirements of LAC 
33:V.Chapter 11.Subchapter B''), 3871.A.1-.2, 3873 through 3877, 
3879 (except 3879.B), 3881, 3883;
    Chapter 40--Used Oil, Sections 4001 through 4093;
    Chapter 41--Recyclable Materials, Sections 4101, 4105 (except 
4105.A.1.a.i and ii, 4105.A.4), 4139, 4141, 4143 (except the word 
``and'' at end of 4143.B.4, 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 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, 4909, 4911 through 4915, 4999 Appendices C through E;
    Chapter 53--Military Munitions 5301 through 5311;
    Louisiana Administrative Code, Title 33, Part VII, Solid Waste, 
as amended through June 20, 2000; Sections 301.B.1, 315.N, 521.H.
    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. 2012-16825 Filed 7-12-12; 8:45 am]
BILLING CODE 6560-50-P


