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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
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
2 U.S.C. 15311538. 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 and incorporates by reference existing State requirements as part of the State RCRA hazardous waste management 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 section 3006b, EPA
grants a States application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for 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. The requirements being codified are the result of Louisianas voluntary participation in the EPAs State program authorization process under RCRA
Subtitle C. Thus, the requirements of section 12d 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

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8859, March 15, 1988 by examining the takings implications of the rule in accordance with the Attorney Generals 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.. Burden is defined at 5 CFR 1320.3b.
Executive Order 12898 59 FR 7629, February 16, 1994 establishes Federal executive policy on environmental justice. Because this rule codifies preexisting State rules which are at least equivalent to, and no less stringent than existing Federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801808, 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. 8042.
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous waste, Hazardous materials transportation, Incorporation by reference, Intergovernmental relations, Water pollution control, Water supply.
Authority: This action is issued under the authority of Sections 2002a, 3006, and 7004b of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912a, 6926 and 6974b.
Dated: November 5, 2021.
David Gray, Acting Regional Administrator, Region 6.

For the reasons set forth in the preamble, under the authority at 42
U.S.C. 6912a, 6926, and 6974b, the EPA is amending 40 CFR part 272 as follows.

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PART 272APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:

Authority: Sections 2002a, 3006, and 7004b of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
6912a, 6926, and 6974b.

2. Revise 272.951 to read as follows:

272.951 Louisiana State-Administered Program: Final Authorization.

a History of the State of Louisiana authorization. Pursuant to section 3006b of RCRA, 42 U.S.C. 6926b, the EPA granted Louisiana final authorization for the following elements as submitted to EPA in Louisianas base program application for final authorization which was approved by EPA effective on February 7, 1985.
Subsequent program revision applications were approved effective on January 29, 1990; October 25, 1991 as corrected October 15, 1991; January 23, 1995 as corrected April 11, 1995; March 8, 1995; January 2, 1996; June 11, 1996;
March 16, 1998; December 22, 1998;
October 25, 1999; November 1, 1999;
April 28, 2000; March 5, 2001; February 9, 2004; August 9, 2005; January 12, 2007; October 15, 2007; July 20, 2009;
October 4, 2010; August 23, 2011;
August 27, 2012; September 11, 2012;
November 25, 2013; November 13, 2015;
December 20, 2016; September 11, 2017;
and December 26, 2018.
b Enforcement authority. 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 Incorporation by reference. The Louisiana statutes and regulations cited in paragraph c1i 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.
552a 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
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