[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32253-32256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14766]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2016-0558; FRL-9962-37-Region 6]


Louisiana: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Louisiana has applied to the EPA for final 
authorization of the changes to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). The EPA has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization, and is authorizing the State's changes through this 
direct final action. The EPA is publishing this rule to authorize the 
changes without a prior proposal because we believe this action is not 
controversial and do not expect comments that oppose it. Unless we 
receive written comments which oppose this authorization during the 
comment period, the decision to authorize Louisiana's changes to its 
hazardous waste program will take effect. If we receive comments that 
oppose this action, we will publish a document in the Federal Register 
withdrawing this rule before it takes effect, and a separate document 
in the proposed rules section of this Federal Register will serve as a 
proposal to authorize the changes.

DATES: This final authorization will become effective on September 11, 
2017 unless the EPA receives adverse written comment by August 14, 
2017. 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 authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     Fax: (214) 665-2182 (prior to faxing, please notify Alima 
Patterson at (214) 665-8533).
     Mail: Alima Patterson, Regional Authorization Coordinator, 
RCRA Permit Section (6MM-RP), Multimedia Division, EPA, Region 6, 1445 
Ross Avenue, Suite 1200, Dallas Texas 75202-2733.
     Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Regional Authorization Coordinator, RCRA Permit Section 
(6MM-RP), Multimedia Division, EPA, Region 6, 1445 Ross Avenue, Suite 
1200, Dallas Texas 75202-2733.
    Instructions: EPA must receive your comments by August 14, 2017. 
Direct your comments to Docket ID Number EPA-R06-RCRA-2016-0558. The 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI), or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov, or email. The 
Federal regulations.gov Web site is an ``anonymous access'' system, 
which means the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, the EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If the EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. (For additional 
information about the EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g. CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov, or Louisiana Department of Environmental 
Quality, 602 N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone 
number (225) 219-3559 and EPA, Region 6, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733, phone number (214) 665-8533. 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, Regional 
Authorization Coordinator, RCRA Permit Section (6MM-RP), Multimedia 
Division, (214) 665-8533, EPA, Region 6, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733, and email address [email protected].

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal program. As the Federal program changes, 
States must change their programs and ask the EPA to authorize the 
changes. Changes to State programs may be necessary when Federal or 
State statutory or regulatory authority is

[[Page 32254]]

modified or when certain other changes occur.
    Most commonly, States must change their programs because of changes 
to the EPA's regulations in 40 Code of Federal Regulations (CFR) parts 
124, 260 through 268, 270, 273, and 279.

B. What decisions have the EPA made in this rule?

    On August 5, 2016, the State of Louisiana submitted a final 
complete program revision application seeking authorization of changes 
to its hazardous waste program that correspond to certain Federal rules 
promulgated between February 14, 2014 and June 26, 2014, RCRA Cluster 
XXIII (Checklists 231 and 232). The EPA concludes that Louisiana's 
application to revise its authorized program meets all of the statutory 
and regulatory requirements established by RCRA, as set forth in RCRA 
section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the 
EPA grants Louisiana final authorization to operate its hazardous waste 
program with the changes described in the authorization application, 
and as outlined below in Section G of this document. The State of 
Louisiana has responsibility for permitting treatment, storage, and 
disposal facilities (TSDFs) within its borders (except in Indian 
Country) and for carrying out the aspects of the RCRA program described 
in its revised program application, subject to the limitations of the 
Hazardous and Solid Waste Amendments (HSWA), as discussed above. New 
Federal requirements and prohibitions imposed by Federal regulations 
that the EPA promulgates under the authority of HSWA take effect in 
authorized States before they are authorized for the requirements. 
Thus, the EPA will implement those requirements and prohibitions in 
Louisiana, including issuing permits, until the State is granted 
authorization to do so.

C. What is the effect of today's authorization decision?

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

D. Why is EPA using a direct final rule?

    Along with this direct final rule, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this Federal Register 
that serves as the proposal to authorize these State program changes. 
The EPA did not publish a proposal before this rule, because EPA views 
this as a routine program change and do not expect comments. The EPA 
also views the Louisiana program revisions as noncontroversial action 
and anticipates no adverse comment.
    EPA is providing an opportunity for public comment now, as 
described in Section E of this document.

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

    If EPA receives comments that oppose this authorization, EPA will 
withdraw this direct final 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 section, after considering all 
comments received during the comment period. EPA 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 EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA will 
withdraw only that part of this rule, but the authorization of the 
program changes that the comments do not oppose will become effective 
on the date specified in this document. The Federal Register withdrawal 
document will specify which part of the authorization will become 
effective, and which part is being withdrawn.

F. For what has Louisiana previously been authorized?

    The State of Louisiana initially received final authorization on 
February 7, 1985, (50 FR 3348), to implement its base Hazardous Waste 
Management Program. We granted authorization for changes to their 
program on November 28, 1989 (54 FR 48889), effective January 29, 1990; 
August 26, 1991 (56 FR 41958), as corrected October 15, 1991 (56 FR 
51762), effective October 25, 1991; November 7, 1994 (59 FR 55368), 
effective January 23, 1995 (Note: on January 23, 1995 (60 FR 4380), the 
EPA responded to public adverse comments and affirmed the effective 
date for the November 7, 1994 final rule). Then on April 11, 1995 (60 
FR 18360), the EPA also made administrative corrections for the January 
23, 1995 Federal Register document; December 23, 1994 (59 FR 66200), 
effective March 8, 1995; October 17, 1995 (60 FR 53704), effective 
January 2, 1996; March 28, 1996 (61 FR 13777), effective June 11, 1996; 
December 29, 1997 (62 FR 67572), effective March 16, 1998; October 23, 
1998 (63 FR 56830), effective December 22, 1998; August 25, 1999 (64 FR 
46302), effective October 25, 1999; September 2, 1999 (64 FR 48099), 
effective November 1, 1999; February 28, 2000 (65 FR 10411), effective 
April 28, 2000; January 2, 2001 (66 FR 23), effective March 5, 2001; 
December 9, 2003 (68 FR 68526), effective February 9, 2004; June 10, 
2005 (70 FR 33852), effective August 9, 2005; November 13, 2006 (71 FR 
66116), effective January 12, 2007; August 16, 2007 (72 FR 45905), 
effective October 15, 2007; May 20, 2009 (74 FR 23645), effective July 
20, 2009; June 24, 2011 (76 FR 122), effective August 23, 2011; June 
28, 2012 (77 FR 38530), effective August 27, 2012 and September 14, 
2015 (80 FR 55032), effective November 14, 2015. On August 5, 2016, 
Louisiana applied for approval of its program revisions for specific 
rules in RCRA Clusters XXIII, in accordance with 40 CFR 271.21(b)(3).
    Since 1979, through the Environmental Affairs Act, Act 449 enabled 
the Office of Environmental Affairs within the Louisiana Department of 
Natural Resources, as well as, the Environmental Control Commission to 
conduct an effective program designed to regulate those who generate, 
transport, treat, store, dispose or recycle hazardous waste. During the 
1983 Regular Session of the Louisiana Legislature, Act 97 was adopted, 
which amended and reenacted La. R. S. 30:1051 et seq. as the 
Environmental Quality Act, renaming the Environmental Affairs Act (Act 
1938 of 1979). This Act created Louisiana Department of Environmental 
Quality (LDEQ), including provisions for new offices within this new 
Department of Environmental Quality. Act 97 also transferred the duties 
and

[[Page 32255]]

responsibilities previously delegated to the Department of Natural 
Resources, Office of Environmental Affairs to the new Department. The 
LDEQ has lead agency jurisdictional authority for administering the 
RCRA Subtitle C program in Louisiana. Also, the LDEQ is designated to 
facilitate communication between the EPA and the State. During the 1999 
Regular Session of Louisiana Legislature, Act 303 revised the La. R. S. 
30:2011 et seq., allowing LDEQ to reengineer the Department to perform 
more efficiently and to meet its strategic goals.
    It is the intention of the State, through this application, to 
demonstrate its equivalence and consistency with the federal statutory 
tests, which are outlined in the United States EPA regulatory 
requirements under 40 CFR part 271 for final authorization. The 
submittal of this application is in keeping with the spirit and intent 
of RCRA, which provides equivalent States the opportunity to apply for 
final delegation to operate all aspects of their hazardous waste 
management programs in lieu of the federal government. The Louisiana 
Environmental Quality Act authorizes the State's program, Subtitle II 
of Title 30 of the Louisiana Revised Statutes. The State's program is 
equivalent and consistent with the federal program, as outlined in 
revision checklists 231 and 232, which were adopted and became 
effective on April 20, 2016.

G. What changes are the EPA authorizing with today's action?

    On August 5, 2016, Louisiana submitted a final complete program 
revision application seeking authorization for their changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
Louisiana's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant the State of Louisiana Final authorization for the following 
changes. The State of Louisiana's program revisions consist of 
regulations which specifically govern Revision Checklists 231 and 232 
in RCRA Cluster XXIII as documented in this Federal Register document.

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                                           Federal Register date and
   Description of Federal requirement     page (and/or RCRA statutory          Analogous state authority
 (include checklist number, if relevant)           authority)
----------------------------------------------------------------------------------------------------------------
1. Hazardous Waste Electronic Manifest    79 FR 7518-7563 February 7,  Environmental Regulatory Code, Louisiana
 Rule. (Checklist 231).                    2014.                        Department of Environmental Quality, ERC
                                                                        Title 33, Part V. Hazardous Waste and
                                                                        Hazardous Materials Subpart 1. Section
                                                                        109. Electronic Manifest or e-Manifest.
                                                                        Note: States cannot receive
                                                                        authorization to implement EPA's
                                                                        national e-Manifest system. Therefore,
                                                                        States must not replace language
                                                                        referring to ``EPA'' with State terms;
                                                                        109. Electronic, Manifest System or e-
                                                                        Manifest System, 107. User of the
                                                                        electronic manifest system, 1107.A.9,
                                                                        1107.A.9.a-9.b, 1107.F, 1107.F.1,
                                                                        1107.F.1.a-1..d, 1107.F.2-7, 1107.G,
                                                                        1107.G.1, 1107.G.1, 1107.G.1.a-b,
                                                                        1307.A, 1307.A, 1307.A.1-2, 1301.A,
                                                                        1307.1, 1307.I.1-5, 1307.J, 1307.K,
                                                                        1307.K.1-4, 1307.L, 1307.M, 1307.N,
                                                                        1307.N.1, 1516.B.1, 1516.B.1.a,
                                                                        1516.B.b, 1516.B1.c-d, 1516.B.1.f,
                                                                        1516.F, 1516.F.1, 1516.F.2-5, 1516.G,
                                                                        1516.H, 1516.H.1, 1516.H.2-4, 1516.1,
                                                                        1516.J, 1516.K, 1516.B.1, 1516.B.1.a-e,
                                                                        1516.B.1.f, 1516.F, 1516.F.1-5, 1516.G,
                                                                        1516.H, 1516.H.1, 1516-K 1516.H.2-4 and
                                                                        1516.I, as amended effective April 20,
                                                                        2016.
2. Revisions to the Export Provisions of  79 FR 36330-36231 June 26,   Environmental Regulatory Code, Louisiana
 the Cathode Ray Tube (CRT) Rule.          2014.                        Department of Environmental Quality, ERC
 (Checklist 232).                                                       Title 33, Part V. Hazardous Waste and
                                                                        Hazardous Materials Subpart 1. Section
                                                                        109. CRT Exporter, 4911.A.5.a.i.(f) note
                                                                        LDEQ has adopted the entire rule
                                                                        language of 40 CFR part 261.3(a)(5)
                                                                        which has been incorporated by
                                                                        reference; 4911.A.5.a.ii.x,
                                                                        4911.A.5.a.ii.x.(a)-c, 4911.A.5.a.ii.xi,
                                                                        4915, 4915.A, 4915.A.1, 4915.A.1.a-h,
                                                                        4915.A.2 and 4915.B, as amended
                                                                        effective April 20, 2016.
----------------------------------------------------------------------------------------------------------------

H. Where are the revised State rules different from the Federal rules?

    The State of Louisiana regulations listed in this Federal Register 
document are equivalent and consistent with the Federal regulations 
adopted and are in effect April 20, 2016. There are no provisions that 
are more stringent or broader in scope.

I. Electronic Manifest Provisions That Are Non-Delegable to States

    The Federal Hazardous Waste Electronic Manifest Rule (79 FR 7518; 
February 7, 2014) contains several provisions which are non-delegable 
to States. Specifically, States cannot receive authorization to 
establish a Federal user under the electronic manifest requirements, 
nor can States receive authorization for the electronic signature 
requirements, resulting in the States' inability to implement the 
provisions listed below. However, EPA strongly recommends States adopt 
these provisions while retaining the EPA rule language unchanged; 
Louisiana has adopted the Electronic Manifest Rule using this approach. 
The non-delegable provisions and provisions where States must retain 
references to ``EPA'' are: 40 CFR 260.10 ``electronic manifest'', 
``electronic manifest system'', ``use of the electronic manifest 
system''; 262.24(g); 262.25; 263.20(a)(2); 262.20(a)(3)(ii); 
263.20(a)(8); 264.71(a)(2)(v); 264.71(j); 265.71(a)(2)(v); and 
265.71(j).

J. Who handles permits after the authorization takes effect?

    The State of Louisiana will issue permits for all the provisions 
for which it is authorized and will administer the permits it issues. 
The EPA will continue to administer any RCRA hazardous waste permits or 
portions of permits which we issued prior to the effective date of this 
authorization. EPA will not issue any more new permits or new portions 
of permits for the provisions listed in the chart in this document 
after the effective date of this authorization. The EPA will continue 
to implement and issue permits for HSWA requirements for which LDEQ is 
not yet authorized.

[[Page 32256]]

K. How does today's 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.

L. What is codification and is the EPA codifying Louisiana's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. We do this by referencing the authorized State 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272 
subpart T for this authorization of Louisiana's program changes until a 
later date. In this authorization application, the EPA is not codifying 
the rules documented in this Federal Register notice.

M. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
(RCRA State Authorization) from the requirements of Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011). Therefore, this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, this action will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing 
requirements under State law and does not impose any additional 
enforceable duty beyond that required by State law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). For the same reason, this action also does not 
significantly or uniquely affect the communities of Tribal governments, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action will not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999), because it merely authorizes State requirements as 
part of the State RCRA hazardous waste program without altering the 
relationship or the distribution of power and responsibilities 
established by RCRA. This action also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it does not make decisions based on environmental 
health or safety risks. This rule is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 May 22, 2001), 
because it is not a significant regulatory action under Executive Order 
12866.
    Under RCRA 3006(b), the EPA grants a State's application for 
authorization, as long as the State meets the criteria required by 
RCRA. It would thus be inconsistent with applicable law for the EPA, 
when it reviews a State authorization application, to require the use 
of any particular voluntary consensus standard in place of another 
standard that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the Executive 
Order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). Executive Order 12898 (59 FR 7629, February 16, 1994) 
establishes federal executive policy on environmental justice. It's 
main provision directs federal agencies, to the greatest extent 
practicable and permitted by law, to make environmental justice part of 
their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States. Because 
this rule authorizes pre-existing State rules which are at least 
equivalent to, and no less stringent than existing federal 
requirements, and impose no additional requirements beyond those 
imposed by State law, and there are no anticipated significant adverse 
human health or environmental effects, the rule is not subject to 
Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action nevertheless will be effective September 11, 2017.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

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

    Dated: April 24, 2017.
 Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-14766 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P