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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
Federally enforced. This effort provides clear notice to the public of the scope of the authorized program in each State.

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B. Why wasnt there a proposed rule before this rule?
The EPA is publishing this rule to codify Louisianas authorized hazardous waste management program without a prior proposal because we believe this action is not controversial. The reason being that, in accordance with section 3006b of RCRA, EPA has already evaluated the States regulatory and statutory requirements and has determined that the States program meets the statutory and regulatory requirements established by RCRA. The EPA previously provided notices and opportunity for comments on the Agencys decisions to authorize the Louisiana program. The EPA is not now reopening the decisions, nor requesting new comments, on the Louisiana authorizations as previously published in the Federal Register documents specified in Section I.C of this final rule document. The previous authorizations form the basis for the codification addressed in this final rule.
C. What is the history of the authorization and codification of Louisianas hazardous waste management program?
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
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
and 62 FR 67578 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

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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, 2012 77 FR 38530 effective August 27, 2012; July 13, 2012 77 FR 41292
effective September 11, 2012; September 25, 2013 78 FR 58890 effective November 25, 2013; September 14, 2015
80 FR 55032 effective November 13, 2015; October 21, 2016 81 FR 72730
effective December 20, 2016, July 13, 2017 82 FR 32253 effective September 11, 2017, and December 26, 2018 83 FR
66143 effective December 26, 2018.
The EPA incorporated by reference Louisianas 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, November 25, 2013
78 FR 58890, and December 20, 2016
81 FR 72730.
In this document, the EPA is revising Subpart T of 40 CFR part 272 to include the authorization revision actions effective September 11, 2017 82 FR
32253 and December 26, 2018 83 FR
66143.
D. What codification decisions have we made in this rule?
In this rule, the EPA is finalizing regulatory text that includes incorporation by reference of the authorized hazardous waste management program of the State of Louisiana. 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 in section 272.951. The EPA has made, and will continue to make, these documents available electronically through https 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 the EPAs authorization of Louisianas base hazardous waste management program and the States revisions to that program. The document incorporates by reference Louisianas hazardous waste statutes and regulations and clarifies which of these provisions are included in the authorized and Federally enforceable program. By codifying Louisianas authorized program and by amending the CFR, the public will be
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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 program in Subpart T of 40 CFR
part 272. Section 272.951c1
incorporates by reference Louisianas authorized hazardous waste statutes and regulations. Section 272.951 also references material which is not being incorporated by reference, but which the EPA considered in determining the adequacy of Louisianas program.
Section 272.951c2 references sections of the Louisiana statutes which provide the legal basis for the States implementation of the hazardous waste management program. In addition, 272.951c5, 6, and 7 reference the Memorandum of Agreement, the Attorney Generals Statements, and the Program Description, respectively.
These documents are evaluated as part of the approval process of the hazardous waste management program in accordance with subtitle C of RCRA but are not part of the material to be incorporated by reference.
State provisions that are broader in scope than the Federal program are not incorporated by reference in 40 CFR
part 272. For reference and clarity, the EPA lists in 40 CFR 272.951c3 the Louisiana statutory and regulatory provisions that are broader in scope than the Federal program, and which are not part of the authorized program being incorporated by reference. While broader in scope provisions are not part of the authorized program and cannot be enforced by the EPA, the State may enforce such provisions under State law. At 40 CFR 272.951c4, EPA
lists amendments to Louisiana regulations and Federal rules which are not part of the Louisiana authorized program.
E. What is the effect of Louisianas 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 analogs to these provisions. Therefore, the EPA is not incorporating by reference such particular, approved Louisiana procedural and enforcement authorities.
Section 272.951c2 of 40 CFR lists the
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