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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
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statutory and regulatory provisions which provide the legal basis for the States implementation of the hazardous waste management program, as well as those procedural and enforcement authorities that are part of the States approved program, but these are not incorporated by reference.
F. What State provisions are not part of the codification?
The public needs to be aware that some provisions of Louisianas 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 271.1i;
2 Federal rules adopted by Louisiana but for which the State is not authorized; and 3 Unauthorized amendments to authorized State provisions.
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
272.951c3 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, Louisianas hazardous waste regulations include amendments which have not been authorized by the EPA. Since the EPA cannot enforce a States 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 States 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.
Louisiana has adopted but is not authorized for Federal rules published in the Federal Register on July 14, 1986
51 FR 25422, HSWA provisions only;
August 8, 1986 51 FR 28664; December 1, 1987 52 FR 45788, requirements addressing Corrective Action for Injection Wells and Post-Closure Permits; and December 17, 2010 75 FR
78915. In those instances where Louisiana has made unauthorized amendments to previously authorized
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sections of State code, the EPA is identifying in 40 CFR 272.951c4iii 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 272.951c1, 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 272.951c4ii i.e., without the unauthorized amendments is compiled as a separate document, Addendum to the EPA-Approved Louisiana Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated December, 2018. This document is available electronically through https www.regulations.gov, and from EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75207, Phone number: 214 6658533.
State regulations that are not incorporated by reference in this rule at 40 CFR 272.951c1, or that are not listed in 40 CFR 272.951c2 legal basis for the States implementation of the hazardous waste management program, 40 CFR 272.951c3
broader in scope, or 40 CFR
272.951c4 unauthorized state amendments, are considered new unauthorized State requirements. These requirements are not Federally enforceable. After review and analysis of the States regulations, the EPA has notified the State to seek authorization for the unauthorized rules that the State has adopted and are documented in this Federal Register document. The EPA
expects the State to include these rules as part of their next Program Revision Application package.
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.
G. 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 3006g of RCRA
provides that any HSWA requirement or prohibition including implementing
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regulations takes effect in authorized and not authorized States at the same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by the EPA 50 FR 28702, July 15, 1985. The EPA has the authority to implement HSWA
requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise their programs to adopt the HSWA requirements and prohibitions, and then to seek authorization for those revisions pursuant to 40 CFR part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA provision takes effect under the authority of RCRA
section 3006g, the EPA will wait until the State receives authorization for its analog to the new HSWA provision before amending the States 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 271.1j, 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.
II. Statutory and Executive Order Reviews The Office of Management and Budget OMB has exempted this action from the requirements of Executive Orders 12866 58 FR 51735, October 4, 1993
and 13563 76 FR 3821, January 21, 2011. This action incorporates by reference Louisianas authorized hazardous waste management regulations, and imposes no additional requirements beyond those imposed by State law. Therefore, this action is not subject to review by OMB. This action is not an Executive Order 13771 82FR
9339, February 3, 2017 regulatory action because actions such as this codification of Louisianas revised hazardous waste program under RCRA
are exempted under Executive Order 12866. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5 U.S.C. 601
et seq.. Because this action incorporates by reference pre-existing requirements
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