[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Rules and Regulations]
[Pages 53704-53707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25650]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5315-1]
Louisiana: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Louisiana has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed Louisiana's application and determined 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 Hazardous and Solid Waste Amendments
of 1984. Louisiana's application for the program revision is available
for public review and comment.
DATES: This authorization for Louisiana shall be effective January 2,
1996, 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 1, 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 U.S. EPA, Region 6 Library, 12th Floor,
First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue,
Dallas, Texas 75202-2733, phone (214) 665-6444. Written comments,
referring to Docket Number LA-95-4, should be sent to Alima Patterson,
Region 6 Authorization Coordinator, Grants and Authorization Section
(6PD-G), U.S. EPA Region 6, First Interstate Bank Tower at Fountain
Place, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6PD-G),
U.S. EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Background
States authorized 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, 260-268, and 270.
[[Page 53705]]
B. Louisiana
Louisiana initially received final authorization on February 7,
1985 (see 50 FR 3348), to implement its base hazardous waste management
program. Louisiana received authorization for revisions to its program
on January 29, 1990 (see 54 FR 48889), October 25, 1991 (see 56 FR
41958), and Corrections at (56 FR 51762), effective January 23, 1995
(see 59 FR 55368-55371), and Corrections at (60 FR 18360) and March 8,
1995 (see 59 FR 66200). On July 24, 1995, 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 Louisiana's application and made an immediate final
decision that Louisiana's hazardous waste program revision satisfies
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant authorization for the additional
program modifications to Louisiana. The public may submit written
comments on EPA's proposed final decision until December 1, 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 which either affirms that the immediate final decision takes
effect or reverses the decision.
Louisiana's program revision application includes State regulatory
changes that are 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 from July 1,
1987 and July 1, 1989 through June 30, 1990. 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. Exception Reporting for Louisiana Revised Statutes (LRS) 30: Sec.
Small Quantity Generators of 2180 et seq., as amended June 14, 1991,
Hazardous Waste, (52 FR effective June 14, 1991; Louisiana
35894-35899) September 23, Hazardous Waste Regulations (LHWR) Secs.
1987. (Checklist 42). 1111.C.1 and 1111.C.2 as amended October
20, 1994; effective October 20, 1994.
2. HSWA Codification Rule 2; LRS 30: 2180 et seq., as amended June 14,
Permit Application 1991, effective June 14, 1991; LHWR Sec.
Requirements Regarding 520 as amended November 20, 1992;
Corrective Action, (52 FR effective November 20, 1992, and Secs.
45788) December 1, 1987. 516.A, 516.A.1-6, 516.B and 516.C, as
(Checklist 44A). amended July 20, 1991; effective July
20, 1991.
3. HSWA Codification Rule 2; LRS 30: 2180 et seq., as amended June 14,
Corrective Action Beyond 1991, effective June 14, 1991; LHWR
Facility Boundary, (52 FR Secs. 3321.E, 3321.E.1 and 3321.E.2, as
45788) December 1, 1987. amended July 20, 1991; effective July
(Checklist 44B). 20, 1991, and Sec. 3322.C, September 20,
1994; effective September 20, 1994.
4. HSWA Codification Rule 2; LRS 30: 2180 et seq., as amended June 14,
Permit Modification, (52 FR 1991, effective June 14, 1991; LHWR Sec.
45788) December 1, 1987. 323.b.2.c.iii, as amended October 20,
(Checklist 44D). 1994; effective October 20, 1994.
5. HSWA Codification Rule 2; LRS 30: 2180 et seq., as amended June 14,
Permit as a Shield 1991, effective June 14, 1991; LHWR Sec.
Provision, (52 FR 45788) 307.A, as amended March 20, 1995;
December 1, 1987. (Checklist effective March 20, 1995.
44E).
6. HSWA Codification Rule 2; LRS 30: 2180 et seq., as amended June 14,
Permits Conditions to 1991, effective June 14, 1991; LHWR Sec.
Protect Human Health and the 303.Q, as amended September 20, 1994;
Environment, (52 FR 45788) effective September 20, 1994.
December 1, 1987. (Checklist
44F).
7. Technical Correction to LRS 30: 2180 et seq., as amended June 14,
Checklist 23, Small Quantity 1991, effective June 14, 1991; LHWR Sec.
Generators, (53 FR 27162- 3911 and Sec. 3913, as amended October
27163) July 19, 1988. 20, 1994; effective October 20, 1994.
(Checklist 47).
8. Farmer Exemptions; LRS 30: 2180 et seq., as amended June 14,
Technical Corrections, (53 1991, effective June 14, 1991; LHWR
FR 27164-27165) July 19, Secs. 1101.A and 1101.C, as amended
1988. (Checklist 48). September 20, 1994; effective September
20, 1994, Sec. 1501.C.4, as amended
November 20, 1992; effective November
20, 1992, Sec. 4307, as amended March
20, 1994; effective March 20, 1994, and
Sec. 305.C.3, as amended October 20,
1994; effective October 20, 1994.
9. Hazardous Waste Management LRS 30: 2180 et seq., as amended June 14,
System; Standards for 1991, effective June 14, 1991; LHWR Sec.
Hazardous Waste Storage and 109, as amended October 20, 1994;
Treatment Tank Systems, (53 effective October 20, 1994, Sec. 3515,
FR 34079-34079) September 2, as amended July 20, 1994; effective July
1988. (Checklist 52). 20, 1994, Secs. 1901.A, 1901.B, and
1907.F.3, as amended December 20, 1992;
effective December 20, 1992, Secs.
4377.B.2, and 4385, as amended July 20,
1990; effective July 20, 1990, Secs.
4431.A.1 and 4431.A.2, as amended
December 20, 1992; effective December
20, 1992, Secs. 4437.F.3 and
4437.G.3.iii, as amended July 20, 1992;
effective July 20, 1992, and Sec. 4441,
as amended March 20, 1989; effective
March 20, 1989.
10. Mining Waste Exclusion I, LRS 30: 2180 et seq., as amended June 14,
(54 FR 36592) September 1, 1991, effective June 14, 1991; LHWR Sec.
1989. (Checklist 65). 109. Hazardous Waste.2.a, as amended
March 20, 1995; effective March 20,
1995, Sec. 109.Hazardous Waste.2.c, as
amended March 20, 1995; effective March
20, 1995, Secs. 105.D.17, 105.D.17.a-e,
and 105.D.17.f-t, as amended September
20, 1994; effective September 20, 1994.
[[Page 53706]]
11. Testing and Monitoring LRS 30: 2180 et seq., as amended June 14,
Activities, (54 FR 40260) 1991, effective June 14, 1991; LHWR Sec.
September 29, 1989. 303.A, as amended September 20, 1994;
(Checklist 67). effective September 20, 1994, Sec.
323.A,B, as amended October 20, 1994;
effective October 20, 1994, Sec. 703.C,
as amended March 20, 1984; effective
March 20, 1984, Sec. 717.A, as amended
May 20, 1991; effective May 20, 1991,
Ch.49.App.A.Tbl 9, as amended October
20, 1994; effective October 20, 1994,
and Ch.49.App.A.Tbl 10, as amended March
20, 1995; effective March 20, 1995.
12. Changes to Part 124 not LRS 30: 2180 et seq., as amended June 14,
Accounted for by Present 1991, effective June 14, 1991; LHWR Sec.
Checklists, (48 FR 14146- 303.A.1-4, as amended September 20,
14295) April 1, 1983, (48 FR 1994; effective September 20, 1994,
30113-30115) June 30, 1983, Secs. 323.A, 323.B.2, 323.B.2.b and
(53 FR 28118-28157) July 26, 323.B.3.a, as amended October 20, 1994;
1988, (53 FR 37396-37414) effective October 20, 1994, Sec.
September 26, 1988, and (54 703.C.3, as amended March 20, 1984;
FR 246-258) January 4, 1989. effective March 20, 1984, and Sec.
(Checklist 70). 717.A.2-5, as amended May 20, 1991;
effective May 20, 1991.
13. Testing and Monitoring LRS 30: 2180 et seq., as amended June 14,
Activities; Technical 1991, effective June 14, 1991; LHWR Sec.
Corrections, (55 FR 8948) 303.A, as amended September 20, 1994;
March 9, 1990. (Checklist effective September 20, 1994, Sec.
73). 323.A,B, as amended October 20, 1994;
effective October 20, 1994, Sec. 703.C,
as amended March 20, 1984; effective
March 20, 1984, Sec. 717.A, as amended
May 20, 1991; effective May 20, 1991,
Ch.49.App.A.Tbl 9, as amended October
20, 1994; effective October 20, 1994,
and Ch.49.App.A.Tbl 10, as amended March
20, 1995; effective March 20, 1995.
14. HSWA Codification Rule, LRS 30: 2180 et seq., as amended June 14,
Double Liners; Correction, 1991, effective June 14, 1991; LHWR
(55 FR 19262-19264) May 9, Secs. 2903.J, and 2503.L, as amended
1990. (Checklist 77). March 20, 1995; effective March 20,
1995.
15. Organic Air Emission LRS 30: 2180 et seq., as amended June 14,
Standards for Process Vents 1991, effective June 14, 1991; LHWR
and Equipment Leaks, (55 FR Secs. 4115.A, 4115.B.3, and 4115.C, as
25454-25519) June 21, 1990. amended November 20, 1992; effective
(Checklist 79). November 20, 1992, Sec. 1519.B.7, as
amended October 20, 1994; effective
October 20, 1994, Sec. 1509.B.4, as
amended March 20, 1995; effective March
20, 1995, Sec. 1529.B.6, September 20,
1994; effective September 20, 1994, Sec.
1529.B.6, as amended March 20, 1995;
effective March 20, 1995, Sec. 1529.B.9,
as amended March 20, 1995; effective
March 20, 1995, Sec. 1529.E.3, as
amended September 20, 1994; effective
September 20, 1994, Sec. 1701, as
amended July 20, 1991; effective July
20, 1991, Sec. 1705.A-B, as amended
September 20, 1994; effective September
20, 1994, Secs. 1703, and 1707.A-D, as
amended July 20, 1991; effective July
20, 1991, Secs. 1709.A.1-L, 1711.A-F,
and 1713.A.1-F, as amended September 20,
1994; effective September 20, 1994, Sec.
1715.A-B, as amended July 20, 1991;
effective July 20, 1991, Sec. 1717.A-E,
as amended September 20, 1994; effective
September 20, 1994, Secs. 1719.A.1-F,
1721.A-I.2, 1723.A-C, 1725.A-C, 1727.A.1-
C, 1729.A-H.3, 1731.A-D, 1733.A-E, 1735,
1737.A-D, and 1739.A.1-B.4, as amended
July 20, 1991; effective July 20, 1991,
Sec. 1741.A-I, as amended September 20,
1994; effective September 20, 1994, Sec.
1743.A.1-M, as amended July 20, 1992;
effective July 20, 1992, Sec. 1745.A-B,
as amended July 20, 1991; effective July
20, 1991, Sec. 4313, as amended March
20, 1995; effective March 20, 1995, Sec.
4357.B.3, as amended September 20, 1994;
effective September 20, 1994, Sec.
4357.B.6, March 20, 1995, Sec. 4365.D,
as amended July 20, 1991; effective July
20, 1991, Sec. 4549.A-B.2, as amended
September 20, 1994; effective September
20, 1994, Sec. 4551; as amended July 20,
1991; effective July 20, 1991, Sec.
1707.A-D, as amended July 20, 1991;
effective July 20, 1991, Secs. 517.G,
517.J.6-J.7, 517.J.9, 530-530.D.5, and
536-536.E.5, as amended November 20,
1992; effective November 20, 1992, Sec.
4561.D, as amended September 20, 1994;
effective September 20, 1994, and Sec.
4563, as amended July 20, 1991;
effective July 20, 1991.
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C. Decision
I conclude that Louisiana's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, Louisiana 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
Hazardous and Solid Waste Amendments. 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 Louisiana's program and for incorporation by reference of
those provisions of Louisiana's 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 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 3 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,
[[Page 53707]]
Confidential business information, Hazardous waste 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 6, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 95-25650 Filed 10-16-95; 8:45 am]
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