[Federal Register Volume 59, Number 246 (Friday, December 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31615]


[[Page Unknown]]

[Federal Register: December 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5127-6]

 

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 March 
8, 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 
February 6, 1995.

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 75202, phone (214) 665-6444. Written comments, referring 
to Docket Number LA-95-2, should be sent to Alima Patterson, 
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) 665-8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, 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) 665-8533.

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 124, 260-268, 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), Corrections at (56 FR 51762) 
and effective January 23, 1995 (see 59 FR 55368-55371). On December 7, 
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 40 CFR 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 February 6, 1995. Copies 
of LDEQ's application for program revision are available for inspection 
and copying at the locations indicated in the ADDRESSES section of this 
notice.
    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 FR through June 30, 
1988. 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.
      

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                    Federal citation                                           State analog                     
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1. Listing of Spent Pickle Liquor (062), [51 FR 19320]   Louisiana Statutes (LRS) 30: Sec. 2180 et seq, as      
 May 28, 1986. (Checklist 26).                            amended June 14, 1991, effective June 14, 1991;       
                                                          Louisiana Hazardous Waste Regulations (LHWR) Sec.     
                                                          4901.C. Table 2, as amended September 20, 1994,       
                                                          effective September 20, 1994.                         
2. List (Phase 1) of Hazardous Constituents for Ground-  LHWR Sec. 3319.F. as amended July 20, 1990; effective  
 Water Monitoring, [52 FR 25942] September 7, 1987.       July 20, 1990; LHWR Sec. 3325 Table 4, as amended     
 (Checklist 40).                                          November 20, 1992; effective November 20, 1992; Sec.  
                                                          520.D.2, as amended November 20, 1992; effective      
                                                          November 20, 1992.                                    
3. Identification and Listing of Hazardous Waste         LHWR Sec. 4901.E-F, as amended September 20, 1994;     
 (Container/Inner Liner Correction), [52 FR 26012]        effective September 20, 1994; LHWR Sec. 3105. Table 1,
 October 10, 1987. (Checklist 41).                        as amended September 20, 1994; effective September 20,
                                                          1994.                                                 
4. Liability Requirements for Hazardous Waste            LHWR Sec. 3715.G.2-3, as amended July 20, 1992;        
 Facilities; Corporate Guarantee, [52 FR 44314]           effective July 20, 1992; LHWR Sec. 3719.H.2, as       
 November 18, 1987. (Checklist 43).                       amended July 20, 1992; effective July 20, 1992; LHWR  
                                                          Sec. 4411.G.2-3, as amended July 20, 1992; effective  
                                                          July 20, 1992.                                        
5. Hazardous Waste Miscellaneous Units, [52 FR 46946]    LHWR Sec. 3301.E, as amended September 20, 1994;       
 December 10, 1987. (Checklist 45).                       effective September 20, 1994; LHWR Sec. 109, as       
                                                          amended October 20, 1994; effective October 20, 1994; 
                                                          LHWR Sec. 1501.A, as amended November 20, 1992;       
                                                          effective November 20, 1992; LHWR Sec. 1509.B.4, as   
                                                          amended November 20, 1992; effective November 20,     
                                                          1992; LHWR Sec. 1503.B.3.a.ii, as amended November 20,
                                                          1992; effective November 20, 1992; LHWR Sec. 1529.B.9,
                                                          as amended September 20, 1994; effective November 20, 
                                                          1994; LHWR Sec. 3301.E, as amended September 20, 1994;
                                                          effective September 20, 1994; LHWR Sec. 3507.C, as    
                                                          amended November 20, 1992; effective November 20,     
                                                          1992; LHWR Sec. 3511.A.2, as amended December 20,     
                                                          1992; effective December 20, 1992; Sec. 3515, as      
                                                          amended July 20, 1990; effective July 20, 1990; LHWR  
                                                          Sec. 3521.A.1.a-b, as amended May 20, 1990; effective 
                                                          May 20, 1990; LHWR Sec. 3523.B.1-2.b, as amended      
                                                          November 20, 1992; effective November 20, 1992; LHWR  
                                                          Sec. 3705.A, as amended July 20, 1992; effective July 
                                                          20, 1992; LHWR Sec. 3709.A, as amended May 20, 1990,  
                                                          effective May 20, 1990; LHWR Sec. 3715.B, as amended  
                                                          July 20, 1992; effective July 20, 1992; Sec. 3201, as 
                                                          amended May 20, 1990; effective May 20, 1990; LHWR    
                                                          Sec. 3203-C.7, as amended May 20, 1990; effective May 
                                                          20, 1990; LHWR Sec. 3205, as amended November 20,     
                                                          1992; effective November 20, 1992; LHWR Sec. 3207, as 
                                                          amended November 20, 1992; effective November 20,     
                                                          1992; LHWR Sec. 517.G, as amended November 20, 1992;  
                                                          effective November 20, 1992; LHWR Sec. 517.M, as      
                                                          amended November 20, 1992; effective November 20,     
                                                          1992; LHWR Secs. 534-34.E, as amended May 20, 1990;   
                                                          effective May 20, 1990.                               
6. Technical Correction; Identification and Listing of   LHWR Sec. 4901.E-F, as amended September 20, 1994;     
 Hazardous Waste, [53 FR 13382] April 22, 1988.           effective September 20, 1994; and LHWR Sec. 3105.     
 (Checklist 46).                                          Table 1, as 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 
Section 3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving 
amendment of 40 CFR part 272, subpart T 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: December 14, 1994.
William B. Hathaway,
Acting Regional Administrator.
[FR Doc. 94-31615 Filed 12-22-94; 8:45 am]
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