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 Wasn't There a Proposed Rule Before Today's Rule?

The EPA did not publish a proposal before today's 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 today's Federal Register, we are publishing a separate document that proposes to authorize the State program changes.
E. What Happens If the EPA Receives Comments That Oppose This Action?

If the EPA receives comments that oppose this authorization, we will withdraw this 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 paragraph. We 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 we receive comments that oppose only the authorization of a particular change to the State hazardous waste program, we 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 above. 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withdrawal document will specify which part of the authorization will become effective, and which part is being withdrawn.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) effective August 26, 1991; November 7, 1994 (59 FR 55368) effective January 23, 1995; December 23, 1994 (59 FR 66200) effective March 8, 1995; there were technical corrections made on January 23, 1995 (60 FR 4380), effective January 23, 1995; and another technical correction was made on April 11, 1995 (60 FR 18360) effective April 11, 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 and June 10, 2005 (70 FR 33852) effective August 9, 2005. On February 3, 2006, Louisiana applied for approval of its program revisions for RCRA Cluster XIV. In this application, Louisiana is seeking approval of RCRA Cluster XIV in accordance with 40 CFR 271.21(b)(3).

Since 1979, through the Environmental Affairs Act, Act 449 enabling the Office of Environmental Affairs within the Louisiana Department of Natural Resources, as well as, the Environmental Control Commission conducted 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 Quality (LDEQ), including provisions for new offices within this new Department of Environmental Quality. Act 97 also transferred the duties and 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 Resource Recovery and Conservation Act (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 Environmental Protection Agency regulatory requirements under 40 CFR part 271, Subpart A, 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 authorization 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 program is equivalent to the Federal program as outlined in the revision Checklist 203 and 205. The State has determined it will not promulgate the Performance Track Program (PTP). The State has its own environmental leadership program that [[Page 66118]]
parallels the Federal PTP. The State is also requesting concurrence of other stateinitiated rules that may be more stringent than the RCRA rules or indirectly affect the State hazardous waste program. State Initiated Changes

The State has made amendments to the provisions listed in the table which follows. 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 are submitted under the requirements of 40 CFR 271.21(a).
State citation Federal citation Rule (effective date) LAC 33:v.105.......................... 261.22............................. November 20, 2004. LAC 33:I. 4501, 4503, 47014707, 4711, No Analog.......................... July 20, 2005. 4717, 4719, 4901, 5103, 5301, 5303,
5311, 5315, 5701, 59015915.
LAC 33:I.25012505.................... No Analog.......................... August 20, 2005. LAC 33:I.4501 and 4719................ No Analog.......................... March 20, 2003. LAC 33:I.101, 103, 105, 107, 109...... No Analog.......................... October 20, 2003. LAC 33:I.23032309.................... No Analog.......................... May 20, 2003. LAC 33:I Chapter 5.................... No Analog.......................... April 20, 2004. LAC 33:I.705.......................... No Analog.......................... March 20, 2004. LAC 33:33:I. 3903, 3915, 3917, 3919, No Analog.......................... August 20, 2004. 3923, 3931, 6919, 6923; III.1105,
1513, 2103, 2115, 2303, 2307, 2719,
5107, 5151; V.1109, 1913, 2271, 2805,
2909, 4101, 4107, 4211, 4241, 5309,
VI.201; VII.315, 711, 713, 715; IX.,
503, 2701; XI707, 713, 715; XV.341,
485, 486, 492, 712, and 2051.
LAC 33:I.1901, 1903, 1907, 1909, 1911; No Analog.......................... October 20, 2005. III.505, 517, 521; V.321, 4303;
VII.517, IX.2701, 2901, 2903 and 2905.
LAC 33:III, 2799, 2805; XI.1305; and No Analog.......................... December 20, 2004 XV.487, 712 and 1013.
LAC 33:I.601, 603, 605, 607, and 609.. No Analog.......................... June 20, 2005. G. What Changes Are We Authorizing With Today's Action?

On February 3, 2006, Louisiana submitted a final complete program revision application, seeking authorization of 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 RCRA Cluster XIV as documented below:
Description of Federal requirement Federal Register date and (include checklist , if page (and/or RCRA statutory Analogous State authority relevant) authority 1. Recycled Used Oil Management 68 FR 4465944665, July 30, Louisiana Revised Statutes (LRS) 30: Standards; Clarification. (Checklist 2003. Section 2001 et seq., with specific 203). cites of 2174, 2175, and 2180 effective December 31, 2004; Supplement effective January through March 2005; Louisiana Hazardous Waste Regulations (LHWR) Sections 108.J, 4003 intro, 4003.I, effective October 20, 2005; 4085.B, 4085.B, and 4085.B.14, effective December 31, 2004; Supplement effective January through March 2005. 2. NESHAP: Surface Coating of 69 FR 2260122662, April LRS: 30: 2001 et seq. with specific cites Automobiles and LightDuty Trucks. 26, 2004. of 2174, 2180, effective December 31, (Checklist 205). 2004; Supplement effective January through March 2005; LHWR Sections 1717.F, 1717.G, 4561 and 4561.F, effective October 20, 2005. H. Where Are the Revised State Rules Different From the Federal Rules?

The State's hazardous regulations for Checklists 203 and 205 are consistent, equivalent and no less stringent than the Federal regulations. The provisions that are more stringent are (1) Petitions to Exclude a Waste Produced at a Particular Facility: Hazardous Waste Delisting General Provisions: LAC 33:v.105 LAC 33:I.4501, 4503, 4701 4707, 4711, 4717, 4719, 4901, 5103, 5301 November 20, 2004. Petitioners will be required to use an independent laboratory and an independent data validator; (2) Facility Name and Ownership/Operator changes: LAC 33:I.1901, 1903, 1907, 1909, 1911; III.505, 517, 521; V.321,4303; VII.517, IX.2701, 2901, 2903 and 2905, October 20, 2005, adds more requirements by providing a unified procedure for all media that will result in cleaner notification procedures for the regulated community; (3) Penalty Determination Methodology: LAC 33:I.705, March 20, 2004 added standardized requirements to how LDEQ calculates penalties regarding facilities with environmental violations; and (4) LAC 33:I. Chapter 5: Confidential Information and Records adds more
clarifications to procedures for submission of information and records that met the criteria for confidentiality under LAC 30:2030 Louisiana Public Records Act. However, the following provisions of the State's initiated changes are broader in scope: (1) LAC 33:III, 2799, 2805; XI.1305; and XV.487, 712 and 1013, regarding Social Security numbers, (2) and, LAC 33:I.601, 603, 605, 607, and 609 relating to Security Sensitive information, (3) LAC 33:I.4501, 4503, 47014707, 4711, 4717, 4719, 4901, 5103, 5301, 5303, 5311, 5315, 5701, 59015915: Laboratory Accreditation, (4) LAC 33:I25012505: Beneficial Environmental Project, (5) LAC 33:I.4501 and 4719: Commercial Laboratories Pending Accreditation, (6) LAC 33:I.101, 103, 105, 107 and 109: Public Notification of Contamination, (7) LAC 33:33:I. 3903, 3915, 3917, 3919, [[Page 66119]]
3923, 3931, 6919, 6923; III.1105, 1513, 2103, 2115, 2303, 2307, 2719, 5107, 5151; V.1109, 1913, 2271, 2805, 2909, 4101, 4107, 4211, 4241, 5309, VI.201; VII.315, 711, 713, 715; IX.503, 2701; XI.707, 713, 715; XV.341, 485, 486, 492, 712, and 2051, (8) LAC 33:I.601, 603, 605, 607 and 609: SecuritySensitive Information, and (9) LAC 33:III.2799, 2805; XI.1305; XV.487, 712 and 1013: Social Security Number Confidentiality are considered to be broader in scope. Therefore, EPA cannot enforce broader in scope provisions and they are not part of the authorized regulations in this document.
I. Who Handles Permits After the Authorization Takes Effect?

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. We will not issue any more new permits or new portions of permits for the provisions listed in the Table in this document after the effective date of this authorization. The EPA will continue to implement and issue permits for HSWA requirements for which Louisiana is not yet authorized.
J. How Does Today's Action Affect Indian Country 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. K. 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. 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 action authorizes State requirements for the purpose of RCRA 3006 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 action authorizes preexisting 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. 1044). 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.).

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 will be effective January 12, 2007.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indianslands, 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: September 26, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E619089 Filed 11906; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Alima Patterson, Region 6 Regional Authorization Coordinator, State/Tribal Oversight Section (6PDO), Multimedia Planning and Permitting Division, (214) 6658533), EPA Region, 1145 Ross Avenue, Dallas, Texas 752022733, and Email address
patterson.alima@epa.gov.