[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27544]


[[Page Unknown]]

[Federal Register: November 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5102-6]

 

Louisiana: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Louisiana has applied for Final Authorization for 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act. The Environmental Protection Agency 
(EPA) reviewed Louisiana's application and decided that its hazardous 
waste program revision satisfies all of the requirements necessary to 
qualify for Final Authorization. Unless adverse written comments are 
received during the review and comment period provided for public 
participation in this process, EPA intends to approve Louisiana's 
hazardous waste program revision subject to the authority retained by 
EPA in accordance with the Hazardous and Solid Waste Amendments of 
1984. Louisiana's application for the program revision is available for 
public review and comment.

DATES: This Final Authorization for Louisiana shall be effective on 
January 23, 1995 unless EPA publishes a prior Federal Register (FR) 
action withdrawing this Immediate Final Rule. All comments on 
Louisiana's program revision application must be received by the close 
of business December 22, 1994.

ADDRESSES: Copies of the Louisiana program revision application and the 
materials which EPA used in evaluating the revision are available for 
inspection and copying from 8:30 a.m. to 4 p.m. Monday through Friday 
at the following addresses: Louisiana Department of Environmental 
Quality, H.B. Garlock Building, 7290 Bluebonnet, Baton Rouge, Louisiana 
70810, phone (504) 765-0617 and EPA, Region 6 Library, 12th Floor, 
First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, 
Dallas, Texas 65202, phone (214) 665-6444. Written comments, referring 
to Docket Number LA-95-1, should be sent to Dick Thomas, Region 6 
Authorization Coordinator, Grants and Authorization Section (6H-HS), 
RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at 
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-8528.

FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 Authorization 
Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs 
Branch, U.S. EPA Region 6, First Interstate Bank Tower at Fountain 
Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-8528.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA or the Act''), 42 U.S.C. 
6926(b), have a continuing obligation to maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal hazardous waste program. Revisions to State hazardous 
waste programs are necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, State program revisions are necessitated by changes to 
EPA's regulations in 40 CFR parts 124, 260 through 268, and 270.

B. Louisiana

    Louisiana initially received Final Authorization, effective 
February 7, 1985 (see 50 FR 3348), to implement its base hazardous 
waste management program. Louisiana received authorization for 
revisions to its program effective January 29, 1990 (see 54 FR 48889), 
and October 25, 1991 (see 56 FR 41958, and Corrections at 56 FR 51762). 
On September 22, 1994, Louisiana submitted a final complete program 
revision application for additional program approvals. Today, Louisiana 
is seeking approval of its program revision in accordance with 
Sec. 271.21(b)(3).
    In 1983, the Louisiana Legislature adopted Act 97, which amended 
and reenacted Louisiana Revised Statutes 30:1051 et seq., the 
Environmental Affairs Act. This Act created the Louisiana Department of 
Environmental Quality (LDEQ), which has lead agency jurisdictional 
authority for administering the RCRA Subtitle C program in the State.
    EPA reviewed LDEQ's application, and made an immediate final 
decision that LDEQ's hazardous waste program revision satisfies all of 
the requirements necessary to qualify for Final Authorization. 
Consequently, EPA intends to grant Final Authorization for the 
additional program modifications to the State. The public may submit 
written comments on EPA's final decision until December 22, 1994. 
Copies of LDEQ's application for program revision are available for 
inspection and copying at the locations indicated in the ADDRESSES 
section of this document.
    Approval of LDEQ's program revision shall become effective 75 days 
from the date this notice is published, unless an adverse written 
comment pertaining to the State's revision discussed in this notice is 
received by the end of the comment period. If an adverse written 
comment is received, EPA will publish either: (1) A withdrawal of the 
immediate final decision; or (2) a notice containing a response to the 
comment that either affirms that the immediate final decision takes 
effect or reverses the decision.
    Louisiana's program revision application includes State regulatory 
changes that are at least equivalent to the rules promulgated in the 
Federal RCRA implementing regulations in 40 CFR parts 124, 260-262, 
264, 265, 266 and 270, that were published in the Federal Register 
through June 30, 1987. This proposed approval includes the provisions 
that are listed in the chart below. This chart also lists the State 
analogs that are being recognized as equivalent to the appropriate 
Federal requirements.

------------------------------------------------------------------------
    Federal citation                        State analog                
------------------------------------------------------------------------
1. Dioxin Waste Listing    Louisiana Revised Statutes (LRS) 30: Sec.    
 and Management             2180 et seq, as amended June 14, 1991,      
 Standards, [50 FR 1978]    effective June 14, 1991; Louisiana Hazardous
 January 14, 1985.          Waste Regulations (LHWR) Sec. 109- Empty    
 (Checklist 14).            Container.1-2, as amended October 20, 1994, 
                            effective October 20, 1994; LHWR Sec.       
                            4901.A.2; Chapter 49, Appendix A, Table 10; 
                            Sec. 4901.B, Table 1; Sec. 4901.F; Chapter  
                            49, Appendix A, Table 8; Sec. 4901 Appendix 
                            C; Sec. 4901.G, Table 6; Sec. 2317.A&B Sec.
                            2723.A&B Sec. 2917.A&B Sec. 2523.A&B Sec.
                            3105, Table 1; Sec. 3111.A.1; Sec. 4301.G;  
                            Sec. 4522.A&B and Sec. 4534.A&B, all       
                            amended September 20, 1994, effective       
                            September 20, 1994; LHWR Sec. 2111.C&D Sec.
                            525.J; Sec. 527.J; Sec. 531.H; and Sec.     
                            533.J, all amended March 20, 1990, effective
                            March 20, 1990; LHWR Sec. 517.I, and Sec.   
                            523.G, both amended November 20, 1992,      
                            effective November 20, 1992.                
2. HSWA Codification       The changes addressed by this Checklist were 
 Rule; Small Quantity       superseded by RCRA Revision Checklist 23.   
 Generators [50 FR 28702]   LDEQ made the changes required by Checklist 
 July 15, 1985.             23 rather than those addressed by this      
 (Checklist 17A).           Checklist. LHWR do not recognize EPA's      
                            category of Conditionally Exempt Small      
                            Quantity Generators. Instead, all Small     
                            Quantity Generators (SQGs) in Louisiana are 
                            subject to the State's SQG regulations and  
                            most LHWR applicable to Generators other    
                            than SQGs. This makes the State's SQG       
                            regulations More Stringent than EPA's.      
3. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Delisting [50 FR     1991, effective June 14, 1991; LHWR Sec.    
 28702] July 15, 1985.      105.M.1-5, as amended September 20, 1994,   
 (Checklists 17B and        effective September 20, 1994.               
 17B.1).                                                                
4. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Household Waste      1991, effective June 14, 1991; LHWR, Sec.   
 (Resource Recovery         105.D.10, as amended September 20, 1994,    
 Facilities), [50 FR        effective September 20, 1994.               
 28702] July, 15, 1985.                                                 
 (Checklist 17C).                                                       
5. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Location Standards   1991, effective June 14, 1991; LHWR Sec.    
 for Salt Domes, Salt       4322, as amended March 20, 1990, effective  
 Beds, Underground Mines    March 20, 1990; LHWR 1503.B.7, as amended   
 and Caves, [50 FR 28702]   November 20, 1992, effective November 20,   
 July 15, 1985.             1992.                                       
 (Checklist 17E).                                                       
6. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Liquids in           1991, effective June 14, 1991; LHWR Sec.    
 Landfills I, [50 FR        533.H, as amended March 20, 1990, effective 
 28702] July 15, 1985       March 20, 1990; LHWR Sec. 4507, as amended  
 (Checklist 17F).           March 20, 1984, effective March 20, 1984;   
                            LHWR Sec. 2515; Sec. 2515.A&B Sec. 2515.E; 
                            and Sec. 2515.E.1-2, all amended September  
                            20, 1994, effective September 20, 1994.     
7. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Dust Suppression,    1991, effective June 14, 1991; LHWR Sec.    
 [50 FR 28702] July 15,     4139.B.3&4, as amended September 20, 1994,  
 1985. (Checklist 17G).     effective September 20, 1994.               
8. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Double Liners, [50   1991, effective June 14, 1991; LHWR Sec.    
 FR 28702] July 15, 1985.   4476, as amended March 20, 1990, effective  
 (Checklist 17H).           March 20, 1990; LHWR Sec. 2903.A, and I-K;  
                            Sec. 4462.A-E; Sec. 2503.A, C-G, and K-M;   
                            Sec. 4512.A-E, all amended September 20,    
                            1994, effective September 20, 2994.         
9. HSWA Codification       LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Ground-Water         1991, effective June 14, 1991; LHWR Sec.    
 Monitoring, [50 FR         2521.C; Sec. 2911.E; Sec. 2905; Sec. 2305;  
 28702] July 15, 1985.      and Sec. 3301.C, all amended September 20,  
 (Checklist 17I).           1994, effective September 20, 1994; LHWR    
                            Sec. 2505; Sec. 2507.C.3; Sec. 2907.C.4; and
                            Sec. 2911.B.3, all amended March 20, 1984,  
                            effective March 20, 1984; and LHWR Sec.     
                            2309.B.2, and Sec. 2521.B.3, both amended   
                            July 20, 1984, effective July 20, 1984.     
10. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Cement Kilns, [50    1991, effective June 14, 1991; LHWR Sec.    
 FR 28702] July 15, 1985.   4141.F.1-3 and Sec. 4141.D.1-6, all amended 
 (Checklist 17J).           December 20, 1992, effective December 20,   
                            1992; and LHWR Sec. 4105.C and 4901.D, both 
                            amended September 20, 1994, effective       
                            September 20, 1994.                         
11. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule: Fuel Labeling, [50   1991, effective June 14, 1991; LHWR Sec.    
 FR 28702] July 15, 1985.   4141.F.1-3 and Sec. 4141.D.1-6, all amended 
 (Checklist 17K).           December 20, 1992, effective December 20,   
                            1992; and LHWR Sec. 4105.C and 4901.D, both 
                            amended September 20, 1994, effective       
                            September 20, 1994.                         
12. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Corrective Action,   1991, effective June 14, 1991; LHWR Sec.    
 [50 FR 28702] July 15,     3301.A and Sec. 3322.A&B, both amended      
 1985. (Checklist 17L).     September 20, 1994, effective September 20, 
                            1994; and LHWR Sec. 305.D.1.b and Sec.      
                            305.D.2.h, both amended October 20, 1994,   
                            effective October 20, 1994.                 
13. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Pre-Construction     1991, effective June 14, 1991; LHWR Sec.    
 Ban, [50 FR 27802] July    303.H.1, as amended July 20, 1991, effective
 15, 1985. (Checklist       July 20, 1991; LHWR Sec. 303.H.3, as amended
 17M).                      September 20, 1994, effective September 20, 
                            1994.                                       
14. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Permit Life, [50     1991, effective June 14, 1991; LHWR Sec.    
 FR 28702] July 15, 1985.   315, as amended September 20, 1994,         
 (Checklist 17N).           effective September 20, 1994; and LHWR Sec. 
                            323.B.2.d, as amended October 20, 1994,     
                            effective October 20, 1994.                 
15. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Omnibus Provision,   1991, effective June 14, 1991; LHWR Sec.    
 [50 FR 28702] July 15,     311.E, as amended September 20, 1994,       
 1985. (Checklist 17O).     effective September 20, 1994.               
16. Interim Status, [50    LRS 30: Sec. 2180 et seq, as amended June 14,
 FR 28702] July 15, 1985.   1991, effective June 14, 1991; LHWR Sec.    
 (Checklist 17P).           501.C.2, as amended March 20, 1990,         
                            effective March 20, 1990; LHWR Sec. 501.A;  
                            Sec. 503; Sec. 4305.A.1&2; 4305.B-D, all    
                            amended October 20, 1994, effective October 
                            20, 1994; LHWR Sec. 501.C.2, as amended     
                            March 20, 1991, effective March 20, 1991;   
                            and LHWR Sec. 4301.A-F; Sec. 309.J.2; Sec.  
                            501.C.1., all amended September 20, 1994,   
                            effective September 20, 1994.               
17. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Research and         1991, effective June 14, 1991; LHWR Sec.    
 Development Permits, [50   329; Sec. 303.A.1, both amended September   
 FR 28702] July 15, 1985.   20, 1994, effective September 20, 1994.     
 (Checklist 17Q).                                                       
18. HSWA Codification      LRS 30: Sec. 2180 et seq, as amended June 14,
 Rule; Exposure             1991, effective June 14, 1991; LHWR Sec.    
 Information, [50 FR        303.M and Sec. 303.P, both amended September
 28702] July 15, 1985.      20, 1994, effective September 20, 1994.     
 (Checklist 17S).                                                       
19. Listing of TDI, TDA,   LRS 30: Sec. 2180 et seq, as amended June 14,
 and DNT Wastes, [50 FR     1991, effective June 14, 1991; LHWR Sec.    
 42936] October 23, 1985.   4901.C; Sec. 4901.F; Chapter 49, Appendix A,
 (Checklist 18).            Tables 8-10; Sec. 4901.G, Table 6; and Sec. 
                            3105, Table 1, all amended September 20,    
                            1994, effective September 20, 1994.         
20. Burning of Waste Fuel  LRS 30: Sec. 2180 et seq, as amended June 14,
 and Used Oil Fuel in       1991, effective June 14, 1991; LHWR Sec.    
 Boilers and Industrial     109, as amended October 20, 1994, effective 
 Furnaces, [50 FR 49164]    October 20, 1994; LHWR Sec. 105.D.33.b; Sec.
 November 29, 1985, and     4105.C.5; Sec. 4105.B.3, and 10-14; Sec.    
 [52 FR 11819], as          3105.A.2; 4513.B; Sec. 4147.A-E, all amended
 amended on April 13,       September 20, 1994, effective September 20, 
 1987. (Checklists 19 and   1994; and LHWR Sec. 4141.A-F, effective     
 19.1).                     December 20, 1992, effective December 20,   
                            1992.                                       
21. Listing of Spent       LRS 30: Sec. 2180 et seq, as amended June 14,
 Solvents, [50 FR 53315]    1991, effective June 14, 1991; LHWR Sec.    
 December 31, 1985, and     4901.B, Table 1, as amended September 20,   
 [51 FR 2702] as amended    1994, effective September 20, 1994.         
 on January 21, 1986.                                                   
 (Checklists 20 and 20.1).                                              
22. Listing of EDB Waste,  LRS 30: Sec. 2180 et seq, as amended June 14,
 [51 FR 5327] February      1991, effective June 14, 1991; LHWR Chapter 
 13, 1986. (Checklist 21).  49, Appendix A, Tables 8-10; Sec. 4901.C,   
                            Table 2; Sec. 4901.G, Table 6, all amended  
                            September 20, 1994, effective September 20, 
                            1994.                                       
23. Listing of Four Spent  LRS 30: Sec. 2180 et seq, as amended June 14,
 Solvents, [51 FR 6537]     1991, effective June 14, 1991; LHWR Sec.    
 February 25, 1986.         4901.B, Table 1; Sec. 4901.F, Table 4; Sec. 
 (Checklist 22).            4901.G, Table 6; Chapter 49, Appendix A,    
                            Tables 8-10; and Sec. 3105, Table 1, all    
                            amended September 20, 1994, effective       
                            September 20, 1994.                         
24. Generator of 100 to    LRS 30: Sec. 2180 et seq, as amended June 14,
 1000 kg Hazardous Waste,   1991, effective June 14, 1991; LHWR, Sec.   
 [51 FR 10146] March 24,    105; Sec. 4901.F, Table 4; Sec. 303.E.1, all
 1986. (Checklist 23).      amended September 20, 1994, effective       
                            September 20, 1994; LHWR Sec. 109-Small     
                            Quantity Generator; Sec. 1109.E.1; Sec.     
                            1109.E.7-9; Sec. 1307.I; Sec. 305.C.2, all  
                            amended October 20, 1994, effective October 
                            20, 1994; and Louisiana Notification of     
                            Hazardous Waste Activity Form HW-1.         
                           LHWR do not recognize EPA's category of      
                            Conditionally Exempt Small Quantity         
                            Generators. Instead, all Small Quantity     
                            Generators (SQGs) in Louisiana are subject  
                            to the State's SQG regulations and most LHWR
                            applicable to Generators other than SQGs.   
                            This makes the State's SQG regulations More 
                            Stringent than EPA's.                       
25. Codification Rule,     LRS 30: Sec. 2180 et seq, as amended June 14,
 Technical Correction       1991, effective June 14, 1991; LHWR Sec.    
 (Paint Filter Test), [51   533.H, as amended March 20, 1990, effective 
 FR 19176] May 28, 1986.    March 20, 1990; LHWR Sec. 4507, as amended  
 (Checklist 25).            March 20, 1984, effective March 20, 1984;   
                            LHWR Sec. 2515; Sec. 2515.A&B Sec. 2515.E; 
                            and Sec. 2515.E.1-2, all amended September  
                            20, 1994, effective September 20, 1994.     
26. Biennial Report;       LRS 30: Sec. 2180 et seq, as amended June 14,
 Correction [51 FR 28556]   1991, effective June 14, 1991; LHWR Sec.    
 August 8, 1986.            4361, as amended March 20, 1984, effective  
 (Checklist 30).            March 20, 1984; LHWR Sec. 1529.D.7, and 9-  
                            10, all amended September 20, 1994,         
                            effective September 20, 1994; Louisiana     
                            Notification of Hazardous Waste Activity    
                            Form HW-1.                                  
27. Standards for          LRS 30: Sec. 2180 et seq, as amended June 14,
 Generators; Waste          1991, effective June 14, 1991; Louisiana    
 Minimization               Notification of Hazardous Waste Activity    
 Certifications, [51 FR     Form HW-1.                                  
 25190] October 24, 1986.                                               
 (Checklist 32).                                                        
28. Listing of EBDC, [51   LRS 30: Sec. 2180 et seq, as amended June 14,
 FR 37725] October 24,      1991, effective June 14, 1991; LHWR Sec.    
 1986. (Checklist 33).      4901.C; Chapter 49, Appendix A, Tables 8-10;
                            Sec. 4901.G, Table 6, all amended September 
                            20, 1994, effective September 20, 1994.     
------------------------------------------------------------------------

    Louisiana is not authorized to operate the Federal program on 
Indian lands. This authority remains with EPA.

C. Decision

    I conclude that LDEQ's application for a program revision meets the 
statutory and regulatory requirements established by RCRA. Accordingly, 
LDEQ is granted Final Authorization to operate its hazardous waste 
program as revised. Louisiana now has responsibility for permitting 
treatment, storage, and disposal facilities within its borders and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the HSWA. Louisiana 
also has primary enforcement responsibilities, although EPA retains the 
right to conduct inspections under section 3007 of RCRA, and to take 
enforcement actions under sections 3008, 3013 and 7003 of RCRA.

D. Codification in Part 272

    EPA uses 40 CFR part 272 for codification of the decision to 
authorize LDEQ's program and for incorporation by reference of those 
provisions of its Statutes and regulations that EPA will enforce under 
sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving 
amendment of 40 CFR part 272, subpart L until a later date.

Compliance with Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Louisiana's program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. This authorization does not 
impose any new burdens on small entities. This rule, therefore, does 
not require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

    Environmental Protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This notice 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: October 27, 1994.
Allyn M. Davis,
Acting Regional Administrator.
[FR Doc. 94-27544 Filed 11-4-94; 8:45 am]
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