[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Rules and Regulations]
[Pages 53707-53708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25651]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5314-9]


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 from 
8:30 a.m. to 4 p.m., Monday through Friday at the following addresses 
for inspection and copying: Louisiana Department of Environmental 
Quality, H.B. Garlock Building, 7290 Bluebonnet, Baton Rouge, Louisiana 
70810, (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-95-3, should be sent to Alima Patterson, Region 6 
Authorization Coordinator, Grants and Authorization Section (PD-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.

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 June 7, 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 1988 
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. Identification and Listing  Louisiana Revised Statutes (LRS) 30: Sec.
 of Hazardous Waste;            2180 et seq., as amended June 14, 1991, 
 Treatability Studies Sample    effective June 14, 1991; Louisiana      
 Exemption, (53 FR 27290-       Hazardous Waste Regulations (LHWR) Sec. 
 27302) July 19, 1988.          109, as amended October 20, 1994,       
 (Checklist 49).                effective October 20, 1994, Secs.       
                                105.D.37 and 105. D. 38 as amended      
                                September 20, 1994, effective September 
                                20, 1994.                               

[[Page 53708]]
                                                                        
2. 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, Sec.   
 Treatment Tank Systems, (53    3515 as amended July 20, 1990, effective
 FR 34079-34087) September 2,   July 20, 1990, Sec. 1901.A, and B, as   
 1988. (Checklist 52).          amended December 20, 1992; effective    
                                December 20, 1992, Sec. 1907.F.3, as    
                                amended July 20, 1990; effective July   
                                20, 1990, Sec. 4377.B.2 as amended March
                                20, 1995; effective March 20, 1995, Sec.
                                4385, as amended July 20, 1990;         
                                effective July 20, 1990, Sec. 4431.A,   
                                A.2 as amended December 20, 1992;       
                                effective December 20, 1992, Secs.      
                                4437.F.3, G.3.iii and 4441, as amended  
                                July 20, 1992; effective July 20, 1992. 
3. Statistical Methods for     LRS 30: 2180 et seq., as amended June 14,
 Evaluating Ground-Water        1991, effective June 14, 1991; LHWR Sec.
 Monitoring Data from           3303.A.1, A.2, as amended November 20,  
 Hazardous Waste Facilities,    1992; effective November 20, 1992, Sec. 
 (53 FR 39720-39731) October    3305.A, as amended July 20, 1990;       
 11, 1988. (Checklist 55).      effective July 20, 1990, Secs. 3315.A.1-
                                3. G-J, 3317.C, D, F-K, and 3319.C. D, F-
                                L, as amended July 20, 1990; effective  
                                July 20, 1990.                          
4. Standards for Generators    LRS 30: 2180 et seq., as amended June 14,
 of Hazardous Waste, (53 FR     1991, effective June 14, 1991; LHWR Sec.
 45089-45093) November 8,       903.D, as amended April 20, 1991;       
 1988. (Checklist 58).          effective April 1991, and Sec. 1107.A,  
                                as amended October 20, 1994; effective  
                                October 20, 1994.                       
5. Hazardous Waste             LRS 30: 2180 et seq., as amended June 14,
 Miscellaneous Units;           1991, effective June 14, 1991; LHWR Sec.
 Standards Applicable to        517.G, M, as amended November 20, 1992; 
 Owners and Operators, (54 FR   effective November 20, 1992.            
 615-617) January 9, 1989.                                              
 (Checklist 59).                                                        
6. Amendment to Requirements   LRS 30: 2180 et seq., as amended June 14,
 for Hazardous Waste            1991, effective June 14, 1991; LHWR Sec.
 Incinerator Permits, (54 FR    3115.D, as amended November 20, 1992;   
 4286-4288) January 30, 1989.   effective November 20, 1992.            
 (Checklist 60).                                                        
7. Mining Waste Exclusion II,  LRS 30: 2180 et seq., as amended June 14,
 (55 FR 2322-2354) January      1991, effective June 14, 1991; LHWR Sec.
 23, 1990. (Checklist 71).      109, as amended October 20, 1994;       
                                effective October 20, 1994, and Sec.    
                                105.D.17.A-T, as amended September 20,  
                                1994, and Sec. 1107.D.6, as amended     
                                October 20, 1994; effective October 20, 
                                1994.                                   
8. Modification of F019        LRS 30: 2180 et seq., as amended June 14,
 Listing, (55 FR 5340-5342)     1991, effective June 14, 1991; LHWR Sec.
 February 14, 1990.             4901.B Table 1, as amended September 20,
 (Checklist 72).                1994; effective September 20, 1994.     
9. Criteria for Listing Toxic  LRS 30: 2180 et seq., as amended June 14,
 Wastes; Technical Amendment,   1991, effective June 14, 1991; LHWR Sec.
 (55 FR 18726) May 4, 1990.     4907.A.3., as amended May 20, 1991;     
 (Checklist 76).                effective May 20, 1991.                 
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    Louisiana is not authorized to operate the Federal program on 
Indian lands. This authority remains with EPA.

C. Decision

    I conclude that Louisiana's application for a 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 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 Louisiana's program and for incorporation by reference of 
those provisions of Louisiana's 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 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, 
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. 95-25651 Filed 10-16-95; 8:45 am]
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