272.951—Louisiana State-administered program: Final authorization.
(a)
Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted Louisiana final authorization for the following elements as submitted to EPA in Louisiana's 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, and October 15, 2007, and October 4, 2010.
(b)
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)
The Louisiana statutes and regulations cited in paragraph (c)(1)(i) 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. 552(a) 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 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; Web site: http://doa.louisiana.gov/osr/lac/lac.htm. The statutes are available from West Publishing/Company, 610 Opperman Drive, P.O. Box 64526, St. Paul, Minnesota 55164 0526; Phone: 1-800-328-4880; Web site: http://west.thomson.com. You may inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (Phone number (214) 665-8533), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(i)
The binder entitled “EPA Approved Louisiana Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program”, dated October, 2007.
(2)
The following provisions provide the legal basis for the State's implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities:
(i)
Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 2000: Chapter 1, Sections 2002, 2013, 2014.2, 2020, 2021, 2023, 2024, 2026 through 2029, 2033.A-D; Chapter 2-A, Section 2050.8; Chapter 9, Sections 2172, 2174, 2175, 2181, 2183.C, F-H, 2183.1.B, 2183.2, 2184.B, 2187, 2188.A and C, 2189.A and B, 2190.A-D, 2191.A-C, 2192, 2193, 2196, 2199, 2200, 2203.B and C, 2204.A(2), A(3) and B; Chapter 13, Sections 2294(6 ), 2295.C; Chapter 16, Section 2369.
(ii)
Louisiana Statutes Annotated, Revised Statutes, 2007 (effective August 15, 2006) Cumulative Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 2, 2011.A(1), 2011.B and C, 2011.D (except 2011.D(4), (10)-(12), (16), (19), (20), (23) and (25)), 2011.E-G, 2012, 2014.A, 2017, 2019.A-C, 2022 (except the first sentence of 2022.A(1)), 2022.1(B), 2025 (except 2025.D, .F(3), .H and .K); Chapter 3, Sections 2054.B(1), 2054.B(2)(a); Chapter 9, Sections 2180.A-C, 2186.A-C; Chapter 18, Section 2417.A.
(iii)
Louisiana Administrative Code, Title 33, Part I, Office of The Secretary Part I, Subpart : Departmental Administrative Procedures: Chapter 5, Sections 501 through 511, effective October 20, 2005; Chapter 7, Section 705, effective March 20, 2004; Chapter 19, Sections 1901 through 1911, effective October 20, 2005; Chapter 23, Sections 2303 through 2309, effective May 20, 2003.
(iv)
Louisiana Administrative Code, Title 33, Part V, Hazardous Waste and Hazardous Materials, Louisiana Hazardous Waste Regulations, revised as of December 31, 2006: Chapter 1, Sections 101, 107.A.-C; Chapter 3, Sections 301, 311.A, 311.C, 315 introductory paragraph, 323.B.3; 323.B.4.d and e; Chapter 5, Section, 503; Chapter 7, Sections 703, 705, 707 through 721; and Chapter 22, Sections 2201.A, 2201.E, 2201.F.
(3)
The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference:
(i)
Louisiana Statutes Annotated, Revised Statutes, 2000 Main Volume (effective August 15, 1999), Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act, 2000: Chapter 9, Sections 2178 and 2197.
(ii)
Louisiana Statutes Annotated, Revised Statutes, 2007 (effective August 15, 2006) Cumulative Annual Pocket Part, Volume 17B, Subtitle II of Title 30, Louisiana Environmental Quality Act: Chapter 2, Sections 2014.B and D.
(iii)
Louisiana Administrative Code, Title 33, Part V, Hazardous Waste And Hazardous Materials, Louisiana Hazardous Waste Regulations, revised as of December 31, 2006: Chapter 1, Section, 108.G.5; Chapter 3, Section 327; Chapter 11, Sections 1101.G and 1109.E.7.f ; Chapter 13, Section 1313; Chapter 51.
(4) Unauthorized State Amendments.
(i)
The State's adoption of the Non-HSWA Federal rule listed in the following Table is not approved by the EPA and is, therefore, not enforceable. Louisiana has also adopted but is not authorized to implement the HSWA rules that are listed in the Table in lieu of the EPA. The EPA will enforce the Federal HSWA standards for which Louisiana is not authorized until the State receives specific authorization from EPA.
| Federal requirement | Federal Register reference | Publication date |
|---|---|---|
| Exports of Hazardous Waste (HSWA) | 51 FR 28664 | August 8, 1986. |
| HSWA Codification Rule 2: Post-Closure Permits (HSWA) | 52 FR 45788 | December 1, 1987. |
| Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA) | 61 FR 16290 | April 12, 1996. |
| Universal Waste Rule: Specific Provisions for Mercury Containing Equipment (Non-HSWA) | 70 FR 45508 | August 5, 2005. |
(ii)
Louisiana adopted the changes made by the August 5, 2005 Federal final rule addressing Mercury Containing Equipment ( 70 FR 45508) and, at the same time, made changes conforming to the addition of Consumer Electronics as a state universal waste. These changes were made as part of the same state amendment effective December 20, 2005. As noted in the table above, Louisiana is not authorized for the August 5, 2005 Federal final rule, however, EPA does recognize Consumer Electronics as part of the State's approved program.
(iii)
The following authorized provisions of the Louisiana regulations include amendments published in the Louisiana Register that are not approved by EPA. Such unauthorized amendments are not part of the State's authorized program and are, therefore, not federally enforceable. Thus, notwithstanding the language in the Louisiana hazardous waste regulations incorporated by reference at paragraph (c)(1)(i) of this section, EPA will enforce the State provisions that are actually authorized by EPA. The effective dates of the State's authorized provisions are listed in the following Table.
| State provision | Effective date of authorized provision | Unauthorized State amendments | |
|---|---|---|---|
| State reference | Effective date | ||
| LAC 1111.B.1.c | March 20, 1984 | LR 16:220 | March 20, 1990. |
| LAC 1113 | March 20, 1984 | LR 16:220 | March 20, 1990. |
| LAC 4407.A.12 | March 20, 1984 | LR 16:220 | March 20, 1990. |
Code of Federal Regulations
(5) Memorandum of Agreement.
The Memorandum of Agreement between EPA Region 6 and the State of Louisiana, signed by the EPA Regional Administrator on September 26, 2006 is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921
et seq.
(6) Statement of Legal Authority.
“Attorney General's Statement for Final Authorization”, signed by the Attorney General of Louisiana on December, 13, 1996 and revisions, supplements and addenda to that Statement dated January 13, 1998, January 13, 1999, January 27, 1999, August 19, 1999, August 29, 2000, October 17, 2001, February 25, 2003, October 20, 2004, December 19, 2005, September 5, 2006 are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921
et seq.
(7) Program Description.
The Program Description and any other materials submitted as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921
et seq.