[Federal Register Volume 63, Number 205 (Friday, October 23, 1998)]
[Rules and Regulations]
[Pages 56830-56833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27704]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6176-1]


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 authorization to revise 
its Hazardous Waste Program under the Resource Conservation and 
Recovery Act (RCRA). The EPA has reviewed Louisiana's application and 
determined that its Hazardous Waste Program revision satisfies all the 
requirements necessary to qualify for final authorization. Unless 
adverse written comments are received on this action during the review 
and comment period EPA's decision to approve Louisiana's Hazardous 
Waste Program revision will take effect as provided below in accordance 
with Hazardous and Solid Waste Amendments of 1984 (HSWA).

DATES: This immediate final rule is effective on December 22, 1998 
without further notice, unless the EPA receives adverse comment by 
November 23, 1998. Should the EPA receive such comments, it will 
publish a timely document withdrawing this rule.

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, 1445 
Ross Avenue, Dallas, Texas 75202-2733, phone (214) 665-6444. Written 
comments, referring to Docket Number LA-98-1, should be sent to Alima 
Patterson, Region 6 Authorization Coordinator, Grants and Authorization 
Section (6PD-G), Multimedia Planning and Permitting Division, EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Phone number: 
(214) 665-8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, Phone number: (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Background

    States authorized under section 3006(b) of RCRA, 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 Code of Federal Regulations (CFR) parts 124, 260-266, 
268, 273, 270, and 279.

B. Louisiana

    The State of Louisiana initially received final authorization on 
February 7, 1985 (50 FR 3348), to implement its base Hazardous Waste 
Management program. Louisiana received authorization for revisions to 
its program on January 29, 1990 (54 FR 48889), October 25, 1991 (56 FR 
41958), and technical corrections at (56 FR 51762), effective January 
23, 1995 and another technical corrections was made at (59 FR 55368-
55371), (60 FR 18360), March 8, 1995 (59 FR 66200), October 17, 
1995,(60 FR 53707) effective January 2, 1996, March 28, (61 FR 13777-
13782) effective June 11, 1996 and December 29, 1997,(62 FR 67572-
67577) effective March 16, 1998. On January 6, 1998 and April 17, 1998, 
Louisiana submitted a final complete program revision applications for 
additional program approval. The State of Louisiana has also adopted 
the regulations for Import and Export of Hazardous Waste which is not 
delegable to the State. However, the requirements of the Import and 
Export regulations will be administered by the EPA and not the State 
because the exercise of foreign relations and international commerce 
powers is reserved to the Federal government under the United States 
constitution. 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, which has lead agency jurisdictional authority 
for administering the RCRA Subtitle C program in the State. Also, the 
LDEQ is designated to facilitate communication between the EPA and the 
State.
    The EPA reviewed Louisiana's application and is today making an 
immediate final decision, subject to review and comment, that 
Louisiana's Hazardous Waste Program revision satisfies all of the 
requirements necessary to qualify for final authorization. 
Consequently, the EPA intends to grant authorization for the additional 
program modifications to Louisiana. The public may submit written 
comments on EPA's final decision until November 23, 1998. 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 Louisiana's program revision shall become effective 60 
days from the date this document is published, unless an adverse 
written comment pertaining to the State's revision discussed in this 
document is received by the end of the comment period. If an adverse 
written comment is received, the EPA will publish either, (1) a 
withdrawal of the immediate final decision, or (2) a document 
containing a response to the comment that either affirms that the 
immediate final decision takes effect or reverses the decision.
    The 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, 260-266, 
268, 273, 270 and 279, that were published in the FR from July 1, 1994, 
through June 30, 1996. 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.

[[Page 56831]]



------------------------------------------------------------------------
       Federal citation                       State analog
------------------------------------------------------------------------
1. Recovered Oil Exclusion,    Louisiana Revised Statutes (LRS) 30: Sec.
 [59 FR 38536-38545]; July       2180 et seq, as amended June 14, 1991,
 28, 1994. (Checklist 135).     effective June 14, 1991; Louisiana
                                Hazardous Waste Regulations (LHWR) Secs.
                                ,105.D.33.b, 105.D.43.g, as amended
                                September 20, 1996, effective September
                                20, 1996; 3001.B.3, 4105.B.8-9, and
                                4105.B.12, as amended September 20,
                                1996; effective September 20, 1996.
2. Removal of the Conditional  LRS 30:2180 et seq, as amended June 14,
 Exemption for Certain Slag     1991, effective June 14, 1991; LHWR
 Residues, [59 FR 43496-        Chapter 22. Table 2, as amended January
 43500]; as amended August      20, 1996; effective January 20, 1996 and
 24, 1994. (Checklist 136).     Sec.  4139.A.5, as amended May 20, 1997;
                                effective May 20, 1997.
3. Universal Treatment         LRS 30:2180 et seq, as amended June 14,
 Standards and Treatment        1991, effective June 14, 1991; LHWR
 Standards for Organic          Secs.  105.D.28-31,105 K, 105.K.1, as
 Toxicity Characteristic        amended September 20, 1996; effective
 Wastes and Newly Listed        September 20, 1996, 105.K.2, as amended
 Wastes, [59 FR 47982-48110];   June 20, 1998, effective June 20, 1998,
 September 19, 1994, as         109.Solid waste.5.a.iii, and 1501.C.6 as
 amended at 60 FR 242-302,      amended May 20, 1997, effective May 20,
 January 3, 1995. (Checklist    1997, 3001.C.1, 3001.C.3-C.3.a.i,
 137).                          3001.C.3.b, Chapter 30. Appendix. M, as
                                amended September 20, 1996, effective
                                September 20, 1996, 4139.B.3, as amended
                                May 20, 1997, effective May 20, 1997,
                                4307, as amended September 20, 1995,
                                effective September 20, 1995, 2201.G.4.b-
                                c, 2201.I.3-4,2203.A. Debris, 2203.A
                                underlying Hazardous Constituent,
                                2221.E.I-E.5,2223.A-A.3, 2223.B, 2223.C,
                                2225.B, 2225.C, 2227.A, 2227.C.2,
                                2227.D, 2229.C-C.3, 2233, 2245.A-
                                J,2246.A,2246.D.1.a-b, 2246.D.3, 2246.E.-
                                E1, 2247.B.2,2247.C.4, Chapter. 22.table
                                2,3,6,7, and 11, as amended January 20,
                                1996, 2230.B.2, as amended May 20, 1997,
                                effective May 20, 1997.
4. Testing and Monitoring      LRS 30:2180 et seq, as amended June 14,
 Activities Amendment I, [ 60   1991, effective June 14, 1991; LHWR Sec.
 FR 3089-3095]; January 13,      110, as amended September 20, 1996,
 1995. (Checklist 139).         1996, effective September 20, 1996.
5. Carbamate Production        LRS 30:2180 et seq, as amended June 14,
 Identification and Listing     1991, effective June 14, 1991. LHWR
 of Hazardous Waste; [60 FR     Secs.  4905.A.5-6, 4905.A.7,105.D.33.d,
 7824-7859] February 9, 1995,   and 4901 C, Table 2, 4901.E, and F,
 as amended at [60 FR 19165],   4901.G. Table .6, 3105. Table .1, as
 April 17, 1995 and [60 FR      amended February 20, 1998, effective
 25619], May 12, 1995.          February 20, 1998.
 (Checklist 140).
6. Testing and Monitoring      LRS 30:2180 et seq, as amended June 14,
 Activities Amendment II, [60   1991, effective June 14, 1991. LHWR Sec.
 FR 17001-17004], April 4,       110, as amended September 20, 1996,
 1995. (Checklist 141).         effective September 20, 1996.
7. Universal Waste: General    LRS 30:2180 et seq, as amended June 14,
 Provisions; [60 FR 25492-      1991, effective June 14, 1991; LHWR
 25551]; May 11, 1995.          Secs.  105.D.48, as amended May 20,
 (Checklist 142 A).             1997, effective May 20, 1997; 109, as
                                amended September 20, 1995; effective
                                September 20, 1995; 305.C.11, as amended
                                May 20, 1997; effective May 20, 1997;
                                1101.A-E; as amended January 20, 1996;
                                effective January 20, 1996; 1103.C,
                                amended September 20, 1996; effective
                                September 20, 1996; 1501.C.11, as
                                amended May 20, 1997; effective May 20,
                                1997; 2201.I.5, 3801.A, 3801.B. 3801.C,
                                3813, 3813.H 3815,3817,3817.A-B,
                                3819,3823,3825.A-C.6,3827,3829.A-B,3831.
                                A-H,3833,3835-3835.C, 3837, 3839-3839.B,
                                3841.A.1, 3841.B, 3841.B.1-5, 3845,
                                3847.A-C.6, 3849, 3851.A-B, 3853.A-H,
                                3855.A-C.2,3857-3857.C, 3859, 3861-
                                3861.B,3863.A-B, 3865.A-B, 3867.A-
                                B,3869.A-B, 3871-3871.B, 3873.A-B,
                                3875.A-D, 3877.A-B, 3879-3879.C, 3915.B,
                                3915.B-B.5, as amended May 20, 1997,
                                effective May 20, 1997; 3911, as amended
                                October 20, 1994, effective October 20,
                                1994; and 4307, as amended September 20,
                                1995, effective September 20, 1995.LAC
                                33:V.3903 is more stringent than 40 CFR
                                261.5(c)-(c)(6), 3911 and 3915.B.1-5,
                                are more stringent than 40 CFR
                                261.5(f)(3)(i-vi) and (g)(3)(i-iv),
                                1101.A-E are more stringent than 40 CFR
                                262.10(b)-(g), and 3801.D, are more
                                stringent than 40 CFR 261.5(f)(3)(i-
                                vi),and (g)(3)(i-iv), because the State
                                of Louisiana does not recognize the
                                exemption of conditionally exempt small
                                quantity generators. Louisiana
                                generators of 0-100 kg/month must comply
                                with more stringent small quantity
                                generator requirements. Generators who
                                generate more than 1 kg acutely
                                hazardous waste are subject to full
                                regulations. The 40 CFR 261.5(f)(3)(iv)
                                and (g)(3)(iv) equivalent Louisiana
                                citation, LAC 33:VII.301.B.1 (LAC
                                33:VII.315.N and LAC 33:VII.521.H), is
                                more stringent because solid waste
                                landfills are prohibited from accepting
                                hazardous waste, with the exception of
                                household hazardous waste.
8. Universal Waste Rule:       LRS 30:2180 et seq; as amended June
 Specific Provisions for        14,1991, effective June 14, 1991, LHWR
 Batteries;[60 FR 25492-        Secs.  105.D.48.a, 305.C.11.a,
 25551], May 11, 1995.          1501.C.11.a, 2201.I.5.a, 3801, 3803.A.1-
 (Checklist 142 B).             C.2,3813, 3821.A-A.3.b, 3823.A, 3843.A-
                                A.3.B,3845.A, 4105.B.2, 4145.A-B, as
                                amended May 20, 1997, effective May 20,
                                1997;4105.B.8-12, as amended December
                                20, 1997, effective December 20, 1997,
                                and 4307, as amended September 20, 1995,
                                effective September 20, 1995.
9. Universal Waste Rule:       LRS:30:2180 et seq; as amended June 14,
 Specific Provisions for        1991, effective June 14, 1991; LHWR
 Batteries; [60 FR 25492-       Secs.  105.D.48.b, 1501.C.11.b,
 25551]; May 11, 1995.          2201.I.5.b,305.C.11.B, 3801,3805.A-
 (Checklist 142 C)              D.2,3813, 3821.B-B.4, 3823.B-C.2,3841.A,
                                3841.A.2, 3843.B-B.4, 3845.B-C.2, as
                                amended May 20, 1997, effective May 20,
                                1997 and 4307, as amended September 20,
                                1995, effective September 20, 1995.
10. Universal Waste Rule:      LRS 30:2180 et seq, as amended June 14,
 Specific Provisions for        1991, effective June 14, 1991; LHWR
 Thermostats, [60 FR 25492-     Secs.  105.D.48.c, 305.C.11.c,
 25551]; May 11, 1995.          1501.C.11.c, 2201.I.5.c, 3801, 3807.A-
 (Checklist 142 D)..            C.2, 3813, 3821.C-C.3.b, 3823.D, 3843.C-
                                C.3.b,3845.D, as amended May 20, 1997,
                                effective May 20, 1997 and 4307, as
                                amended September 20, 1995, effective
                                September 20, 1995.
11. Universal Waste Rule:      LRS 30:2180 et seq, as amended June 14,
 Petition Provisions to Add a   1991, effective June 14, 1991; LHWR
 New Universal Waste; [60 FR    Secs.  105.H, 105.N.1-4, 3881.A-C, and
 25492-25551]; May 11, 1995.    3883.A-H, as amended February 20, 1998,
 (Checklist 142 E)..            effective February 20, 1998.

[[Page 56832]]

12. Removal of Legally         LRS 30:2180 et seq, as amended June 14,
 Obsolete Rules; [60 FR 33912-  1991, effective June 14, 1991; LHWR
 33915]; June 29, 1995.         Secs.  303.H.1-2,303.K, as amended June
 (Checklist 144).               20, 1995, effective June 20, 1995;
                                501.C.2,as amended February 20, 1998,
                                effective February 20, 1998, 3007.C.5
                                and 3009.G-I, as amended September 20,
                                1996, effective September 20, 1996. LAC
                                501.C.2 is more stringent than 40 CFR
                                270.10(e) because Louisiana allows
                                applicants to submit a Part II of the
                                application at least 120 days from the
                                date of request while the equivalent
                                Federal citation allows for six months.
13. Liquids in Landfills III,  LRS 30:2180 et seq, as amended June 14,
 [60 FR 35703-35706]; July      1991, effective June 14, 1991; LHWR
 11, 1995. (Checklist 145)..    Secs.  2515F.2.b, 2515.F.2.c, 4507.F.2.b
                                and 4507.F.2.c, as amended April 20,
                                1998, effective April 20, 1998.
14. RCRA Expanded Public       LRS 30:2180 et seq, as amended June 14,
 Participation, [60 FR 63417-   1991, effective June 14, 1991; LHWR
 63434]; December 11, 1995.     Secs.  309.M, 517.W, 537.B.2.g.i-ii,
 (Checklist 148).               537.B.g.ii(a)-(d), 537.B.2.h, 537.B.2.i-
                                k, 537.C, 701.E, 708.A.1-4, 708.A.b.i-
                                vi, 708.B.3, 708.C.1-6, 3115.B.12,
                                3115.B.12.a, 3115.B.12.b, 3115.b.12.BI-
                                IV, 3115.B.13, 3115.B.14-17,and 3115.D,
                                as amended April 20, 1998.
15. Amendments to the          LRS 30:2180 et seq, as amended June 14,
 Definition of Solid Waste;     1991, effective June 14, 1991; LHWR Sec.
 Amendment II, [61 FR 13103-     105.D.43.g, as amended April 20, 1998,
 131061]; March 26, 1996.       effective April 20, 1998.
 (Checklist 150).
------------------------------------------------------------------------

    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 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, assuming no adverse comments are 
received as discussed above. Upon effective final approval Louisiana 
will be responsible 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 will have 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

    The 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.

E. 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.

F. Compliance Executive Order 13045--Protection of Children From 
Environmental Health Risk and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' applies to any rule that: (1) the OMB 
determines is ``economically significant'' as defined under Executive 
Order 12866, and (2) concerns an environmental health or safety risk 
that the EPA has reason to believe may have a disproportionate effect 
on children. If the regulatory action meets both criteria, the Agency 
must evaluate the environmental health or safety effects of the planned 
rule on children and explain why the planned regulation is preferable 
to other potentially effective and reasonably feasible alternatives 
considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions based on environmental health 
or safety risks.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 
272 note) directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs the 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This action does not involved technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

H. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P. L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 and 205 of the 
UMRA, the EPA must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
Federal mandates, as defined by the UMRA, that may result in 
expenditures to State, local and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. The 
EPA has determined that section 202 and 205 requirements do not apply 
to today's action because this rule does not contain a Federal mandate 
that may result in annual expenditures of $100 million or more for 
State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the State of Louisiana's program, and today's action does 
not impose any additional obligations on regulated entities. In fact, 
the EPA's approval of State programs generally may reduce, not 
increase, compliance costs for the private sector. Further, as it 
applies to the State, this action does not impose a Federal 
intergovernmental mandate because UMRA does not include duties arising 
from participation in a voluntary Federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before the EPA establishes any

[[Page 56833]]

regulatory requirements that may significantly or uniquely affect small 
governments, including tribal governments, section 203 of the UMRA 
requires the EPA to develop a small government agency plan. This rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. Although small governments may be 
hazardous waste generators, transporters, or own and/or operate, 
hazardous waste treatments, storage or disposal facilities (TSDFs), 
they are already subject to the regulatory requirements under the 
existing State laws that are being authorized by the EPA, and thus, are 
not subject to any additional significant or unique requirements by 
virtue of this program approval.

I. Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1966), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e. small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if any agency's administrator certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    The EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under the existing State laws that are now being 
authorized by EPA. The EPA's authorization does not impose any 
significant additional burdens on these small entities. This is because 
EPA's authorization would simply result in an administrative change, 
rather than a change in the substantive requirements imposed on these 
small entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. It does not impose any new burdens 
on small entities. This rule therefore, does not require a regulatory 
flexibility analysis.

J. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA submitted a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' defined by 5 U.S.C. 804(2).

K. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

L. Executive Order 12875 Enhancing Intergovernmental Partnerships

    Under Executive Order 12875, the EPA may not issue regulation that 
is not required by statute and that creates a mandate upon a State, 
local or tribal government, unless the Federal government provides the 
funds necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, the EPA must provide to the 
OMB a description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires the EPA to 
develop an effective process permitting elected officials and other 
representatives of State, local and tribal governments `` to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    This rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

M. Executive Order 13084 Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, the EPA may not issue a regulation 
that is not required by statute, that significantly or uniquely affects 
the communities of Indian tribal governments, and that imposes 
substantial direct compliance costs on those communities, unless the 
Federal government provides the funds necessary to pay the direct 
compliance cost incurred by the tribal governments. If the mandate is 
unfunded, the EPA must provide to the OMB, in a separately identified 
section of the preamble to the rule, a description of the extent of the 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires the EPA to develop an effective process permitting 
elected and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    This rule is not subject to Executive Order 13084 because it does 
not significantly or uniquely affect the communities of Indian 
governments. The State of Louisiana is not authorized to implement the 
RCRA hazardous waste program in Indian country. This action has no 
effect on the hazardous waste program that the EPA implements in the 
Indian country within the State.

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: September 30, 1998.
Jerry Clifford,
Deputy Regional Administrator, Region 6.
[FR Doc. 98-27704 Filed 10-22-98; 8:45 am]
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