[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46302-46316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6428-6]


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 to 
revise its Hazardous Waste Program under the Resource Conservation and 
Recovery Act (RCRA). The EPA has determined that these changes satisfy 
all requirements needed to qualify for final authorization. The EPA 
reviewed Louisiana's application, and now makes an immediate final 
decision, subject to receipt of adverse written comment, that 
Louisiana's Hazardous Waste Program revision satisfies all of the 
requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant Louisiana final authorization for 
the program modifications contained in the revision.

DATES: This action is effective on October 25, 1999 without further 
notice, unless the EPA receives relevant adverse comments by September 
24, 1999. If adverse comments are received, EPA will publish a timely 
withdrawal of the immediate final rule or identify the issues raised, 
respond to the comments, and affirm that the immediate final rule will 
take effect as scheduled.

ADDRESSES: Mail written comments to Alima Patterson, Region 6, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, at the address shown 
below. You can examine copies of the materials submitted by the State 
of Louisiana during normal business hours at the following locations: 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533: or Louisiana Department of Environmental Quality, H.B. Garlock 
Building, 7290 Bluebonnet, Baton Rouge, Louisiana 70810, (504) 765-
0617.

FOR FURTHER INFORMATION CONTACT: Alima Patterson at (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. What Is Resource Conservation and Recovery Act State 
Authorization?

    RCRA, as amended by the Hazardous and Solid Waste Amendments of 
1984 (HSWA), provides for authorization of State hazardous waste 
programs under subtitle C. Under RCRA section 3006, EPA may authorize a 
State to administer and enforce the RCRA hazardous waste program. See 
40 CFR part 271. In fact, Congress designed RCRA so that the entire 
subtitle C program would eventually be administered by the States in 
lieu of the Federal Government. This is because the States are closer 
to, and more familiar with, the regulated community and therefore are 
in a better position to administer the programs and respond to local 
needs effectively.
    After receiving authorization, the State administers the program in 
lieu of the Federal government, although EPA retains enforcement 
authority under RCRA sections 3008, 3013, and 7003. Authorized States 
are required to revise their programs when EPA promulgates Federal 
Standards that are more stringent or broader in scope than existing 
federal standards. States are not required to modify their programs to 
address Federal changes that are less stringent than the existing 
Federal program or that reduce the scope of the existing Federal 
program. These changes are optional and noted as such in the Federal 
Register (FR) document. However, EPA encourages States to adopt 
optional rules because they provide benefit to environmental 
protection.

B. Why Are Revisions to State Programs Necessary?

    States that receives final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal Hazardous Waste Program. As the Federal program 
changes, States must change their programs and ask EPA to authorize the 
changes. Changes to State programs may be necessary when Federal or 
State statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, States must change their programs 
because of changes to EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260-266, 268, 270, 273, and 279.

C. What Is the Effect of This Authorization?

    This authorization should have little impact because the State's 
requirements are already effective. However, upon approval of the 
revisions, Louisiana will have authority to regulate the Land Disposal 
Restrictions (LDR). Currently, the LDR waste are administered by EPA. 
Louisiana will have authority to issue LDR permits and to ensure that 
all permits issued to hazardous waste LDR facilities protect of human 
health and the environment.

D. What Is the History of Louisiana's Final Authorization and Its 
Revisions?

    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 correction was made at (59 FR 55368-
55371), (60 FR 18360), March 8, 1995; We authorized the following 
revisions: (59 FR 66200), October 17, 1995, (60 FR 53707) effective 
January 2, 1996, March 28, (61 FR 13777-13782) effective June 11, 1996, 
December 29, 1997, (62 FR 67572-67577) effective March 16, 1998 and 
October 23, 1998 (63 FR 56830-56891) effective December 22, 1998. On 
January 21, 1999, Louisiana submitted a final complete program revision 
application for additional program approval. In this application, 
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. 
Also, the LDEQ is designated to facilitate communication between the 
EPA and the State. The State of Louisiana adopted the LDR regulations 
and they became effective May 1989. Louisiana amended the regulations 
May 1990, December 1990, July 1991, July 1992, September 1994, March 
1995, December 1995, January 1996, May 1997, November 1997, February 
1998, April 1998, June 1998, and September 1998.

E. What Revisions Are We Approving With Today's Action?

    The State of Louisiana submitted a final complete program revision 
application, seeking authorization of their revisions in accordance 
with 40 CFR 271.21. Louisiana's revisions consist of regulations which 
specifically

[[Page 46303]]

govern LDR's. Louisiana requirements appear on the chart included in 
this document. The EPA is now making a final decision, subject to 
receipt of written comments that oppose this action, that Louisiana's 
revision of its hazardous waste program satisfies all of the 
requirements necessary to qualify for final authorization. Therefore, 
we grant Louisiana final authorization for the following program 
revisions:

------------------------------------------------------------------------
            Federal citation                       State analog
------------------------------------------------------------------------
1. Land Disposal restrictions (Solvents  Louisiana Revised Statutes
 and Dioxins), [51 FR 40572] November     (LRS) 30: Sec.  2180 et seq,
 7, 1986. (Checklist 34).                 as amended June 14, 1991,
                                          effective June 14, 1991;
                                          Louisiana Hazardous Waste
                                          Regulations (LHWR) Secs.  105,
                                          105.D.3, 105.D.4.a, 105.H.
                                          105.H.1, 109, as amended June
                                          20, 1998, effective June 20,
                                          1998; 109. Empty
                                          Container.1.a, as amended May
                                          20, 1997, effective May 20,
                                          1997, 109 Empty Container.2.b,
                                          as amended September 20, 1998,
                                          effective September 20, 1998;
                                          110.A, as amended September
                                          20, 1996, effective September
                                          20, 1996; 111, as amended
                                          March 20, 1990, effective
                                          March 20, 1990; 311.E, as
                                          amended September 20, 1994,
                                          effective September 20, 1994,
                                          317.C, as amended March 20,
                                          1990, effective March 20,
                                          1990, 319, as amended May 20,
                                          1996, effective May 20, 1996,
                                          501.D, as amended May 20,
                                          1997, effective May 20, 1997,
                                          517.V, as amended May 20,
                                          1997, effective May 20, 1997,
                                          1101.D, as amended April 20,
                                          1998, effective April 20,
                                          1998, 1103.C, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 1305.C, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1519.A.1, as amended September
                                          20, 1996, effective September
                                          20, 1996, 1519.B.7, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 1519.B.8,
                                          as amended September 20, 1996,
                                          effective September 20,
                                          1519.B.8.a, 1519.B.b, as
                                          amended September 20, 1996,
                                          effective September 20, 1996,
                                          1519.B.8.c, 1519.B.8.c.i, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1519.B.8.c.ii,
                                          1519.B.c.ii.(a),
                                          1519.B.8.c.ii(b), 1529.B.12,
                                          1529.B.13, 1529.B.14,
                                          1529.B.15, 1529.B.16, 1529,
                                          effective September 20, 1996,
                                          1529.B.6, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2201.C, 2201.D,
                                          2201.G, 2201.G.1, 2201.G.2, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2201.G.4, as amended April 20,
                                          1998, effective April 20,
                                          1998, 2201.G.5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.H, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2203.A.Hallogenated Organic
                                          Compounds or HOCs, as amended
                                          January 20, 1996, effective
                                          January 20, 1996,
                                          2203.A.Hazardous Constituent,
                                          2203.A. Polychlorinated
                                          Biphenyls or PCBs, 2203.A.Land
                                          Disposal. 2205.A, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2205.A.1, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2205.A.2, 2205.A.3, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2205.B, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2205.C, 2205.D, 2205.E,
                                          2205.F, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2207.A, 2209.A,
                                          2209.A.1, 2209.A.2, 2209.A.3,
                                          2209.B. 2209.C, 2209.C.1,
                                          2209.C.2, 2209.C.3, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2211.A,
                                          2211.B, 2211.B.1, 2211.B.2,
                                          2211.B.3, 2211.C, as amended
                                          January 1996, effective
                                          January 20, 1996, 2213.A,
                                          2213.A.1, 2213.A.2, 2213.A.3,
                                          2213.B, 2213.B.1, 2213.B.2,
                                          2213.C, 2213.C.1, 2213.C.2,
                                          2213.D, 2213.D.1, 2213.D.2,
                                          2213.D.3, 2213.E, 2213.F,
                                          2213.G, 2213.G.1-2, 2213.G.3,
                                          2215.B, 2215.C, 2215.D,
                                          2215.E, 2215.F, 2215.G,
                                          2215.G.1, 2215.G.2, 2215.G.3,
                                          2215.H, 2215.I, 2223.A,
                                          2223.B, 2223.C, 2227.A, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2227.A.1, 2227.A.2, 2227.B,
                                          2230.I.2.c, 2231.A, 2231.B,
                                          2231.C, 2231.C.1, 2231.D,
                                          2231.E, 2231.F, 2231.G,
                                          2231.H, 2231.1.I, 2231.J,
                                          2231.K, 2237.A, 2237.A.1,
                                          2237.A.2, 2237.A.2.a, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2237.a.2.b.i, 2237.A.2.b.i(a)-
                                          (d), 2237.A.2.b.ii-iii,
                                          2237.A.2.c, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2237.A.2.d, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2237.A.3, 2237.A.3.a,
                                          2237.A.3.b, 2237.A.3.b.i,
                                          2237.A.3.b.ii, 2237.A.3.b.iii,
                                          2237.A.3.c, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2237.A.4, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2237.B,
                                          2239.A, 2239.A.1, 2239.A.2, as
                                          amended January 20, 1996,
                                          2239.A.3, 2239.A.4, 2239.A.5,
                                          2239.A.6, 2239.A.7, 2239.B,
                                          2239.C, 2239.E, 2239.F, as
                                          amended January 20, 1996,
                                          2239.G, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2239.H, 2239.I,
                                          2239.I.1, 2239.1.2,
                                          2239.I.2.a, 2239.I.2.b,
                                          2229.I.2.d, 2239I.2.f, 2239.J,
                                          2241.A, 2241.D.1, 2241.D.2,
                                          2241.D.3, 2241.D.4, 2241.D.5,
                                          2241.E, 2241.E.1, 2241.E.2,
------------------------------------------------------------------------


[[Page 46304]]


------------------------------------------------------------------------
            Federal citation                       State analog
------------------------------------------------------------------------
                                           2241.E.3, 2241.E.4, 2241.E.5,
                                          2241.F, 2241.F.1, 2241.1.a.
                                          2241.F.b, 2241.F.c, 2241.1.D,
                                          2241.F.1.e, 2241.F.1.f,
                                          2241.F.1.g, 2241.F.1.h,
                                          2241.1.i, 2241.F.2, 2241.F.3,
                                          2241.F.4, 2241.F.5,
                                          2241.F.5.a, 2241.F.5.b,
                                          2241.F.5.c, 2241.G, 2241.H,
                                          2241.H.1, 2241.H.2, 2241.I,
                                          2241.J, 2241.K, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2241.L,
                                          2241.M, 2241.N, 2241.O,
                                          2241.P, 2241.Q, 2245.A,
                                          2245.B, 2245.B.1, 2245.B.2,
                                          2245.B.3, 2245.B.4, 2245.C,
                                          2245.C.1, 2245.C.1.a,
                                          2245.C.1.b, 2245.C.1.c,
                                          2245.C.1.d, 2245.C.2, 2245.D,
                                          2245.D.1, 2245.D.2, 2245.D.3,
                                          2245.D.4, 2245.D.7, 2245.E,
                                          2245.E.1, 2245.E.2, 2245.E.3,
                                          2245.F, 2245.H, 2247.A,
                                          2247.A.1, 2247.A.2, 2247.A.3,
                                          2247.B, 2247.B.1, 2247.B.2,
                                          2247.B.3, 2247.B.4, 2247.C,
                                          2247.C.1, 2247.C.2, 2247.D,
                                          2247.E, 2247.F, 2247.F.1,
                                          2247.F.2, Chapter 22 Table 2,
                                          Chapter 22 Table 5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, Chapter
                                          39, as amended May 20, 1997,
                                          effective May 20, 1997, 3901,
                                          3903, 3911, 3913, as amended
                                          October 20, 1994, effective
                                          October 20, 1994, 3915,
                                          4105.B, as amended May 20,
                                          1997, effective May 20, 1997,
                                          4115.A, as amended January 20,
                                          1996, effective January 20,
                                          1996, 4139.A.2, 4301.E, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          4303.B, 4313.A, as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4313.E.6,
                                          4313.E.7, 4313.E.6, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          4313.E.7.a, 4313.E.7.b,
                                          4313.E.7.c, 4313.E.7.c.i,
                                          4313.E.7.c.ii, 4313.E.c.ii(a),
                                          4313.E.7.c.ii.(b), as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4357.B.10,
                                          4357.B.11, 4357.B.12,
                                          4357.B.13, 4357.B.14,
                                          4357.B.15, 4357.B.16,
                                          4357.B.5, 4901.A.1, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 4903.F, as
                                          amended September 20, 1996,
                                          effective September 20, 1996,
                                          and Chapter 49 Appendix B, as
                                          amended January 20, 1996,
                                          effective January 20, 1996.
                                         LAC 33:V.319, which refers to
                                          LAC 33:I Chapter 5 is more
                                          stringent than 40 CFR
                                          260.1(b)(1) and 40 CFR
                                          260.2(b) Federal
                                          equivalent(because the
                                          regulations in LAC 33:I
                                          Chapter 5 require more
                                          specific information than that
                                          of the Federal regulations.
                                         LAC 33:V.3901, 3903, 3911, 3913
                                          and 3915 are more stringent
                                          than 40 CFR 261.5(b),
                                          (c),(e),(f)(2), and (g)(2)
                                          Federal equivalent(s) because
                                          the small quantity generators
                                          are regulated more stringent
                                          in Louisiana than in the above
                                          mentioned Federal citations.
                                         LAC 33:V.2239.A.1-4 are more
                                          stringent than 40 CFR
                                          268.5(a)(1-4) Federal
                                          equivalent because Louisiana
                                          additionally requires one
                                          compacted clay or other LDEQ
                                          approved liner in addition to
                                          the Federal requirements.
                                         LAC 33:V.2239.C is more
                                          stringent than 40 CFR 268.5(c)
                                          Federal equivalent because the
                                          State citation additionally
                                          specifies that failure to
                                          segregate waste streams shall
                                          not constituent justification
                                          for a case-by-case extension
                                          for those wastes which are
                                          separable and treatable.
                                         LAC 33:V.2239.H is more
                                          stringent than 40 CFR 268.5(g)
                                          Federal equivalent because the
                                          State citation has a specific
                                          time interval whereas the
                                          Federal citation has a
                                          discretionary period.
                                         LAC 33:V.2241.A is more
                                          stringent than Federal
                                          equivalent 40 CFR 268.6(a)
                                          because there is no exemption
                                          granted to the generator for
                                          land disposal of waste
                                          streams.
                                         Pertaining to only the
                                          notification section of this
                                          citation, LAC 33:V. 2241.I is
                                          more stringent than 40 CFR
                                          268.6(f)(2)-(3) Federal
                                          equivalent because it requires
                                          a 24 hour notice to the
                                          administrative authority once
                                          it determined that the
                                          hazardous constituents have
                                          migrated from the unit.
                                         LAC 33:V.2241.N is more
                                          stringent than 40 CFR 268.6(k)
                                          Federal equivalent because the
                                          State term of a petition
                                          granted is no longer than what
                                          is specified under the final
                                          operating permit or up to 5
                                          years from the date of
                                          approval if the unit is
                                          operating under interim
                                          status. The EPA allows for 10
                                          years from the above said
                                          date. The State requires
                                          exemption to be reviewed at
                                          least once every 3 years.
                                         LAC 33:V.2241.O is more
                                          stringent than 40 CFR 268.6(I)
                                          Federal equivalent because it
                                          requires additional
                                          conditions.
                                         LAC 33:V.2241.Q is more
                                          stringent than 40 CFR 268.6(n)
                                          Federal equivalent because
                                          Louisiana sets limits at
                                          50ppm, while EPA's limit is
                                          500ppm.
                                         Federal citation 40 CFR
                                          268.1(e)(1) was referenced to
                                          LAC 33:V. Chapter 39 because
                                          small quantity generators are
                                          not exempt from land disposal
                                          regulations and thus the State
                                          is more stringent.

[[Page 46305]]

 
2. California List Waste Land Disposal   LRS 30:2180 et seq., As amended
 Restrictions, [52 FR 25760) July 8,      June 14, 1991, effective June
 1987; California List Waste Land         14, 1991; LHWR Secs.  110.A,
 Disposal Restrictions (Correction 1),    as amended September 20, 1996,
 [52 FR 41295] October 27, 1987.          effective September 20, 1996,
 Checklists 39, 39.1).                    1101.D, as amended April 20,
                                          1998, effective April 20,
                                          1998, 1519.B.8.c,
                                          1519.B.8.c.i, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          1519.B.8.c.ii,
                                          1519.B.8.c.ii(a)-(b),
                                          1529.B.12, 13, 14, 15, 16, 17
                                          and 18, as amended September
                                          20, 1996, effective September
                                          20, 1996, 2201.G, as amended
                                          May 20, 1997, effective May
                                          20, 1997, 2201.G.4, as amended
                                          April 20, 1998, effective
                                          April 20, 1998, 2201.G.5, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2201.H, 2201.I. as amended May
                                          20, 1997, effective May 20,
                                          1997, 2201.I.1, as amended
                                          June 20, 1998, effective June
                                          20, 1998, 2201.I.2, as amended
                                          May 20, 1997, effective May
                                          20, 1997, 2203.A. Hallogenated
                                          Organic Compounds or HOCs,
                                          2203.A. Land Disposal, 2203.A
                                          Polychlorinated Biphenyls or
                                          PCBs, 2205.A, 2205.D, 2205.E,
                                          2205.F, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2207.A, 2209.A,
                                          2209.A.1, 2209.A.2, 2209.A.3,
                                          2209.B, 2209.C, 2209.C.1,
                                          2209.C.2, 2209.C.3, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2211.A,
                                          2211.B, 2211.B.1, 2211.B.2,
                                          2211.B.3, 2211.C, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2213.A,
                                          2213.A.1, 2213.A.2, 2213.A.3,
                                          2213.B, 2213.B.1, 2213.B.2,
                                          2213.C, 2213.C.1, 2213.C.2,
                                          2213.D, 2213.D.1, 2213.D.2,
                                          2213.D.3, 2213.E, 2213.F,
                                          2213.G, 2213.G.1, 2213.G.2,
                                          2215.B, 2215.C, 2215.D,
                                          2215.E, 2215.F, 2215.G,
                                          2215.G.1, 2215.G.2, 2215.G.3,
                                          2215.H, 2215.I, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2223.A, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          2223.B, 2223.C, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2227.A.1,
                                          2227.A.2, 2227.B, 2230.I.2.c,
                                          2231.G, 2231.H, 2231.I,
                                          2231.J, 2231.K, 2237.A.2,
                                          2237.A.2.a, 2237.A.2.b.i,
                                          2237.A.2.b.i.(a)(d),
                                          2237.A,2.b.ii-iii,
                                          2237.2.c,2237.A.2.d, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2237.B, 2239.A.2, 2239.I.1,
                                          2239.I.2, 2239.I.2.f,
                                          2241.D.4, 2241.D.5, 2241.F,
                                          2241.F.1, 2241.F.1.a,
                                          2241.F.1.b, 2241.F.1.c,
                                          2241.F.1.d, 2241.F.1.e,
                                          2241.F.1.f, 2241.F.1.g,
                                          2241.F.1.h, 2241.F.1.i,
                                          2241.F.2, 2241.F.3, 2241.F.4,
                                          2241.F.5, 2241.F.5.a-c,
                                          2241.G, 2241.H, 2241.H.1-2,
                                          2241.I, 2241.J, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2241.K,
                                          2241.L-Q, 2245.A-B, 2245.B.2,
                                          2245.C, 2245.C.1.b, 2245.C.2,
                                          2245.D, 2245.D.1-4, 2245.D.7,
                                          2245.E, 2245.E.1-3, 2245.F,
                                          2245.H, 2247.A, 2247.A.1,
                                          2247.A.2, 2247.A.3, 2247.B,
                                          2247.B.1, 2247.B.2, 2247.B.3,
                                          2247.B.4, 2247.C, 2247.C.1,
                                          2247.C.2, 2247.D, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2247.E, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2247.F, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2247.F.1, as amended
                                          May 20, 1997, effective May
                                          20, 1997, 2247.F.2, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, chapter
                                          22.table 5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, Chapter
                                          39, as amended May 20, 1997,
                                          effective May 20, 1997,
                                          4139.A.2, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4303.B, as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4313.E.7.c,
                                          4313.E.7.c.i, 4313.E.c.ii,
                                          4313.E.7.c.ii(a)-(b), as
                                          amended March 20, 1995,
                                          effective March 20, 1995,
                                          4357.B.10, 4357.B.11,
                                          4357.B.12-16, as amended
                                          September 20, 1998, effective
                                          September 20, 1998.
 
                                         LAC 33:V.2239.A.2 is more
                                          stringent than 40 CFR 268.5(a)
                                          Federal equivalent(s) because
                                          Louisiana specifically
                                          requires written evidence of a
                                          good faith effort to manage
                                          waste.
                                         LAC 33:V.2241.n is more
                                          stringent than 40 CFR 268.6(k)
                                          Federal equivalent because the
                                          State term of a petition
                                          granted is no longer that what
                                          is specified under the final
                                          operating permit or up to 5
                                          years from the date of
                                          approval if the

[[Page 46306]]

 
3. Land Disposal Restrictions for First  LRS 30:2180 et seq., as amended
 Third Scheduled Wastes, [53 FR 31138]    June 14, 1991, effective June
 August 17, 1988, Land Disposal           14, 1991, LHWR Secs.
 Restrictions (Correction I) [54 FR       1519.B.8.c, 1519.B.8.c.1, as
 8264] February 27, 1989. (Checklist      amended September 20, 1998,
 50, 50.1).                               effective September 20, 1998,
                                          1519.B.8.c.ii,
                                          1519.B.8.c.ii.(a)-(b),
                                          1529.B.12-18, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.G, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2201.G.4, as amended April 20,
                                          1998, effective April 20,
                                          1998, 2201.G.5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.H,
                                          2201.I, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2201.I.1, as amended June 20,
                                          1998, effective June 20, 1998,
                                          2201.I.2, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2205.D, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2209.A, 2209.A.1,
                                          2209.A.2, 2209.B, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2209.A,
                                          2209.A.1, 2209.A.2, 2209.B,
                                          2209.C, 2209.C.1, 2209.C.2,
                                          2209.C.3, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2211.A-B, 2211.B.1-
                                          3, 2211.C, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2213B, 2213.B.1-2,
                                          2213.C, 2213.C.2, 2213.D,
                                          2213.E, 2215.B, 2215.C,
                                          2215.D, 2215.E, 2215.F,
                                          2215.G, 2215.G.1, 2215.G.2,
                                          2215.G.3, 2215.H, 2215.I,
                                          2223.A, 2223.C, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2227.A.2,
                                          2231.G, 2231.H, 2231.I,
                                          2231.J, 2231.K, 2237.A.2, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2237.A.2.a, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          2237.A.2.b.i, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, September
                                          20, 1998, 2223.B, as amended
                                          September 20, 1998, effective
                                          September 1998, 2227.A.1-2,
                                          2227.B, 2230.I.2.c, 2231.G,
                                          2231.H, 2231.I, 2231.J,
                                          2231.K, 2237.A.2, 2237.A.2.a,
                                          as amended January 20, 1996,
                                          effective January 20, 1996,
                                          2237.A.2.b.-i(a)-(d),
                                          2237.A.2.b.ii-iii, 2237.A.2.c,
                                          as amended January 20, 1996,
                                          effective January 20, 1996,
                                          2237.A.2.d, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2239.A.2,
                                          2239.I.1, 2239.I.2.f,
                                          2239.I.2, 2241.D.4-5, 2241.F,
                                          2241.F.1, 2241.F.1.a-h,
                                          2241.F.1.i, 2241.F.2-5,
                                          2241.F.5.a-c, 2241.G, 2241.H,
                                          2241.H.1-2, 2241.1, 2241.J, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2241.K, 2241.L, 2241.M,
                                          2241.N, 2241.O, 2241.P,
                                          2241.Q, 2245.A, 2245.B,
                                          2245.B.2, 2245.C, 2245.C,
                                          2245.c.1.B, 2245.C.2, 2245.D,
                                          2245.D.1-4, 2245.D.7, 2245.E,
                                          2245.E.1, 2245.E.2-3, 2245.F,
                                          2245.H, 2247.A, 2247.A.1-3,
                                          2247.B, 2247.B.1-4, 2247.C,
                                          2247.C.1-2, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2247.D, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2247.E, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2247.F, as amended
                                          May 20, 1997, effective May
                                          20, 1997, 2247.F.1-2, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          Chapter 22. Table 5, Chapter
                                          39, as amended May 20, 1997,
                                          effective May 20, 1997,
                                          4139.A.2, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4303.B, 4313.E.7.c,
                                          4313.E.7.c.i-ii,
                                          4313.E.7.ii(a)-(b), as amended
                                          March 20, 1995, effective
                                          March 20, 1995,

[[Page 46307]]

 
4. Land Disposal Restrictions            LRS 30:2180 et seq., as amended
 Amendments to First Third Scheduled      June 14, 1991, effective June
 Waste (Technical Correction), [54 FR     14, 1991, LHWR Secs.
 18836] May 2, 1989. (Checklist 62).      1519.B.8.c, 1519.B.8.c.i, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1519.B.8.c.ii, as amended
                                          September 20, 1996, effective
                                          September 20, 1996,
                                          1519.B.8.c.ii.(a)-(b),
                                          1529.B.12-18, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.G, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2201.G.4, as amended April 20,
                                          1998, effective April 20,
                                          1998, 2201.G.5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.H,
                                          2201.I, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2201.I.1, as amended June 20,
                                          1998, effective June 20, 1998,
                                          2201.I.2, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2205.D, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2209.A, 2209.A.1,
                                          2209.A.2, 2209.B, 2209.C,
                                          2209.C.1, 2209.C.2, 2209.C.3,
                                          as amended September 20, 1998,
                                          effective September 20, 1998,
                                          2211.A-B, 2211.B.1-3, 2211.C,
                                          as amended January 20, 1996,
                                          effective January 20, 1996,
                                          2213B, 2213.B.1-2, 2213.C,
                                          2213.C.2, 2213.D, 2213.E,
                                          2215.B, 2215.C, 2215.D,
                                          2215.E, 2215.F, 2215.G,
                                          2215.G.1, 2215.G.2, 2215.G.3,
                                          2215.H, 2215.I, 2223.A,
                                          2223.C, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2227.A.2, 2231.G,
                                          2231.H, 2231.I, 2231.J,
                                          2231.K, 2237.A.2, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2237.A.2.a,
                                          as amended September 20, 1998,
                                          effective September 20, 1998,
                                          2237.A.2.b.i, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2237.A.2.b.b-
                                          i(a)-(d), 2237.A.2.b.ii-iii,
                                          2237.A.2.c, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2237.A.2.d, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2239.I.2, 2241.D.4-5, 2241.F,
                                          2241.F.1, 2241.F.1.a-h,
                                          2241.F.1.i, 2241.F.2-5,
                                          2241.F.5.a-c, 2241.G, 2241.H,
                                          2241.H.1-2, 2241.1, 2241.J, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2241.K, 2241.L 2241.M, 2241.N,
                                          2241.O, 2241.P, 2241.Q,
                                          2245.A, 2245.B, 2245.C-D,
                                          2245.D 2245.D.1-4, 2245.D.7,
                                          2245.E, 2245.E.1, 2245.E.2-3,
                                          2245.F, 2245.H, 2247.A,
                                          2247.A.1-3, 2247.B, 2247.B.1-
                                          4, 2247.C, 2247.C.1-2, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2247.D, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2247.E, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2247.F, as amended
                                          May 20, 1997, effective May
                                          20, 1997, 2247.F.1-2, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          Chapter 39, as amended May 20,
                                          1997, effective May 20, 1997,
                                          4139.A.2, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4313.E.7.c,
                                          4313.E.7.c.i-ii,
                                          4313.E.7.ii(a)-(b), as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4357.B.10-16,
                                          as amended September 20, 1998,
                                          effective September 20, 1998.
5. Land Disposal Restrictions For        LRS 30:2180 et seq., as amended
 Second Third Scheduled Wastes [54 FR     June 14, 1991, effective June
 26594] June 23, 1989. (Checklist 63).    14, 1991; LHWR Secs.  2217.B,
                                          2217.C, 2217.D, 2217.E,
                                          2217.E.1-2, 2217.F, 2217.G,
                                          2217.H, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2227.A.3, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2217.B-E, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2217.E.1-2, 2217.F-H, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,

[[Page 46308]]

 
6. Land Disposal Restrictions;           LRS 30:2180 et seq., as amended
 Correction to the First Third            June 14, 1991, effective June
 Scheduled Waste (Correction), [54 FR     14, 1991, LHWR Secs.
 36967] September 6, 1989, Land           1519.B.8.c, 1519.B.8.c.1, as
 Disposal Restrictions; Correction to     amended September 20, 1998,
 the First Third Scheduled Wastes, [55    effective September 20, 1998,
 FR 23935] June 13, 1990. (Checklists     1519.B.8.c.ii,
 66, 66.1).                               1519.B.8.c.ii.(a)-(b),
                                          1529.B.12-18, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.G, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2201.G.4, as amended April 20,
                                          1998, effective April 20,
                                          1998, 2201.G.5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2201.H,
                                          2201.I, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2201.I.1, as amended June 20,
                                          1998, effective June 20, 1998,
                                          2201.I.2, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2205.D, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2209.A, 2209.A.1,
                                          2209.A.2, 2209.B, 2209.C,
                                          2209.C.1, 2209.C.2, 2209.C.3,
                                          as amended September 20, 1998,
                                          effective September 20, 1998,
                                          2211.A-B, 2211.B.1-3, 2211.C,
                                          as amended January 20, 1996,
                                          effective January 20, 1996,
                                          2213B, 2213.B.1-2, 2213.C,
                                          2213.C.2, 2213.D, 2213.E,
                                          2215.B, 2215.C, 2215.D,
                                          2215.E, 2215.F, 2215.G,
                                          2215.G.1, 2215.G.2, 2215.G.3,
                                          2215.H, 2215.I, 2223.A,
                                          2223.C, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2227.A.2, 2231.G,
                                          2231.H, 2231.I, 2231.J,
                                          2231.K, 2237.A.2, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, effective
                                          January 20, 1996, 2237.A.2.a,
                                          as amended September 20, 1998,
                                          effective September 20, 1998,
                                          2237.A.2.b.i, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2237.A.2.b.b-
                                          i(a)-(d), 2237.A.2.b.ii-iii,
                                          2237.A.2.c, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2237.A.2.d, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2239.I.2, 2241.D.4-5, 2241.F,
                                          2241.F.1, 2241.F.1.a-h,
                                          2241.F.1.i, 2241.F.2-5,
                                          2241.f.5a-c, 2241.G, 2241.H,
                                          2241.H.1-2, 2241.1, 2241.J, as
                                          amended January 20, 1996,
                                          effective January 20, 1996 as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2241.K, 2241.L, 2241.M,
                                          2241.N, 2241.0, 2241.P,
                                          2241.Q, 2245.A, 2245.B, 2245.C-
                                          D, 2245.D.1-4, 2245.D.7,
                                          2245.E, 2245.E.1, 2245.E.2-3,
                                          2245.F, 2245.H, 2247.A,
                                          2247.A.1-3, 2247.B, 2247.B.1-
                                          4, 2247.C, 2247.C.1-2, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2247.D, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2247.E, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2247.F, as amended
                                          May 20, 1997, effective May
                                          20, 1997, 2247.F.1-2, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          Chapter 39, as amended May 20,
                                          1997, effective May 20, 1997,
                                          4139.A.2, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4313.E.7.c,
                                          4313.E.7.c.i-ii,
                                          4313.E.7.ii(a)-(b), as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4357.B.10-16,
                                          as amended September 20, 1998,
                                          effective September 20, 1998,
                                          as amended September 20, 1998,
                                          effective September 20, 1998,
                                          2201.H, 2201.I, as amended May
                                          20, 1997, effective May 20,
                                          1997, 2201.I.1, as amended
                                          June 20, 1998, effective June
                                          20, 1998, 2201.I.2, as amended
                                          May 20, 1997, 4379.C,
                                          4381.D.4, 4397.B, 4397.B.1-3,
                                          4401.A, 4462.H, as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4701.A.1,
                                          4701.A.2-3, 4701.3.a-c,
                                          4701.A.4-5, 4703.A, 4703.A.1-
                                          2, 4703.A.2.a-b, 4703.A.3-4,
                                          4703.B, 4703.B.1-2, 4703.B.2.a-
                                          b, 4703.B.3, 4703.B.3.a,
                                          4703.B.3.a.i-ii, 4703.B.3.b-c,
                                          4703.B.4, 4703.B.4.a-c,
                                          4703.C, 4703.C.1, 4703.C.1.a-
                                          d, 4703.C.2-3, 4703.C.3.a,
                                          4703.C.3.a.i-iv, 4703.C.3.b-c,
                                          4703.C.4, 47.D, 4703.D.1-2,
                                          4703.D.3, 4703.E, 4705,
                                          4705.B, as amended March 20,
                                          1995, effective March 20,
                                          1995.

[[Page 46309]]

 
7. Land Disposal Restrictions for Third  LRS:30:2180 et seq., as amended
 Third Scheduled Waste (HSAA              June 14, 1991, effective June
 Provisions) [55 FR 22520] June 1,        14, 1991, LHWR Secs.
 1990, Land Disposal Restrictions for     109.Hazardous Waste.5.a, as
 Third Third Scheduled Waste (Non-HSAA    amended May 20, 1997,
 Provisions) [55 FR 22520] June 1,        effective May 20, 1997,
 1990. (Checklist 78H, 78N).              322.B.1.b, 1103.B, as amended
                                          September 20, 1996, effective
                                          September 20, 1996,
                                          1109.E.1.e, 1109.E.7.c, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1519.A.2, as amended September
                                          20, 1996, effective September
                                          20, 1996, 2201.G.4,
                                          2201.G.4.a, 2201.G.4.b, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          2203.A, 2203.A.Dris,
                                          2203.A.Hallogenated Organic
                                          Compounds or HOCs,
                                          2203.A.Hazardous Constituent,
                                          2203.A.Land Disposal,
                                          2203.A.Nonwastewaters,
                                          2203.A.Polychlorinated
                                          Bihenyls or PCBs, as amended
                                          September 20, 1996, effective
                                          September 20, 1996,
                                          2203.A.Wastewaters, 2207.A,
                                          2207.B., 2215.D, 2219.B,
                                          2219.B, 2219.C.1-2, 2219.D,
                                          2219.E.1, 2219.F, 2219.G,
                                          2219.G.1-4, 2219.H, 2223.A,
                                          2223.C, 2227.A, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2227.A.2-
                                          3, 2227.B-C, 2227.C, 2227.C.1-
                                          4, 2227.D, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2245.A, 2245.B.2,
                                          2245.C.1.b, 2245.D.2, 2245.E,
                                          2245.E.1-3, 2245.G, 2245.H,
                                          2245.I, 2246.A-B, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2246.C-D,
                                          2246.D.1, 2245.D.1.a, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2246.D.1.b, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          2246.D.1.c, 2246.D.2, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2247.B.2, 2247.C, 2247.C.1,
                                          2247.C.3, 2247.E, as amended
                                          September 20, 1998, 2247.F, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          Chapter 22 Table 3, as amended
                                          September 20, 1990, effective
                                          September 20, 1990, Chapter 22
                                          Table 6, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2311.A, as amended
                                          December 20, 1990, effective
                                          December 20, 1990, 2511.A, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2511.B.B.1-3, as amended
                                          September 20, 1994, effective
                                          September 20, 1994, 2519.F, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2715, as amended September 20,
                                          1994, effective September 20,
                                          1994, 2913, as amended
                                          September 20, 1994, effective
                                          September 20, 1994, effective
                                          20, September 20, 1994,
                                          Chapter 39, as amended May 20,
                                          1997, effective May 20, 1997,
                                          4301.E, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4312.B, as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4459, 4471, as
                                          amended December 20, 1990,
                                          effective December 20, 1990,
                                          4491, as amended March 20,
                                          1994, effective March 20,
                                          1994, 4503.A, 4503.B, as
                                          amended September 20, 1994,
                                          effective September 1994,
                                          4511.F, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4901.B.Table 1, as
                                          amended November 20, 1997,
                                          effective November 20, 1997,
                                          4901.D.3, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4901.G.Table 6, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          4903.B, 4903.C, 4903.D, as
                                          amended September 20, 1996,
                                          effective September 20, 1996,
                                          4903.F, as amended September
                                          20, 1996, effective September
                                          20, 1996, Chapter 49 Appendix
                                          B, as amended January 20,
                                          1996, effective January 20,
                                          1996.

[[Page 46310]]

 
8. Land Disposal Restriction for Third   LRS:30:2180 et seq., as amended
 Scheduled Wastes; Technical Amendment    June 14, 1991, effective June
 (HSAA), [56 FR 3864] January 31, 1991.   14, 1991, LHWR Secs.
 (Checklist 83).                          109.Hazardous Waste.5.a, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          322.B.1.b, 1103.B, as amended
                                          September 20, 1996, effective
                                          September 20, 1996,
                                          1109.E.1.e, 1109.E.7.c, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1519.A.2, as amended September
                                          20, 1996, effective September
                                          20, 1996, 2201.G.4,
                                          2201.G.4.a, 2201.G.4.b, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          2203.A, 2203.A. Debris,
                                          2203.A.Hallogenated Organic
                                          Compounds or HOCs,
                                          2203.A.Hazardous Constituent,
                                          2203.A.Land Disposal,
                                          2303.A.Nonwaster-waters,
                                          2203.A.Polychlorinated
                                          Bihenyls or PCBs, as amended
                                          September 20, 1996, effective
                                          September 20, 1996,
                                          2203.A.Wastewaters, 2207.A,
                                          2207.B., 2215.D, 2219.B,
                                          2219.C.1-2, 2219.D, 2219.E.1,
                                          2219.F, 2219.G, 2219.G.1-4,
                                          2219.H, 2223.A, 2223.C,
                                          2227.A, as amended September
                                          20, 1998, effective September
                                          20, 1996, 2227.A.2-3, 2227.B-
                                          C, 2227.C, 2227.C.1-4, 2227.D,
                                          as amended January 20, 1996,
                                          effective January 20, 1996,
                                          2245.A, 2245.B.2, 2245.C.1.b,
                                          2245.D.2, 2245.E, 2245.E.1-3,
                                          2246.D.1, 2245.D.1.a, as
                                          amended January 20, 1996,
                                          2246.d.1.b, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          2246.D.1.c, 2246.D.2, as
                                          amended January 20, 1996,
                                          effective January 20, 1996.
                                          2247.B.2, 2247.C, 2247.C.1,
                                          2247.C.3, 2247.E, as amended
                                          September 20, 1998, 2247.F, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          Chapter 22 Table 9, as amended
                                          September 20, 1990, effective
                                          September 20, 1990, Chapter 22
                                          Table 6, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2311.A, as amended
                                          December 20, 1990, effective
                                          December 20, 1990, 2511.A, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2511.B.B.1-3, as amended
                                          September 20, 1994, effective
                                          September 20, 1994, 2519.F, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2715, as amended September 20,
                                          1994, effective September 20,
                                          1994, 2913, as amended
                                          September 20, 1994, effective
                                          September 20, 1994, Chapter
                                          39, as amended May 20, 1997,
                                          effective May 20, 1997,
                                          4301.E, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4312.B, as amended
                                          March 20, 1995, effective
                                          March 20, 1995, 4459, 4471, as
                                          amended December 20, 1990,
                                          effective December 20, 1990,
                                          4491, as amended March 20,
                                          1994, effective March 20,
                                          1994, 4503.A, 4503.B, as
                                          amended September 20, 1994,
                                          effective September 1994,
                                          4511.F, as amended September
                                          20, 1996, effective September
                                          20, 1996, 4901.B.Table 1, as
                                          amended November 20, 1997,
                                          effective November 20, 1997,
                                          4901.D.3, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4901.G.Table 6, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          4903.B, 4903.C, 4903.D, as
                                          amended September 20, 1996,
                                          effective September 20, 1996,
                                          4901.D.3, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4901.G.Table 6, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          4903.B, 4903.C, 4903.D, as
                                          amended September 20, 1996,
                                          effective September 20, 1996,
                                          4903.E.2, 4903.F, Chapter 49
                                          Appendix C, as amended
                                          September 20, 1996, effective
                                          September 20, 1996.
9. Land Disposal Restrictions for        LRS:30:2180 et seq., as amended
 Electric Arc Furnace Dust (K061), [56    June 14, 1991, effective June
 FR 41164] August 19, 1991. (Checklist    14, 1991, LHWR Secs.
 95).                                     105.D.1.k, as amended June 20,
                                          1998, effective June 20, 1998,
                                          109.Hazardous
                                          Waste.4.b.ii.(c).(i) ⅈ, as
                                          amended May 20, 1997,
                                          effective May 20, 1997.

[[Page 46311]]

 
10. Second Correction to the Third Land  LRS:30:2180 et seq., as amended
 Disposal Restrictions, [57 FR 8086],     June 14, 1991, effective June
 March 6, 1992]. (Checklist 102).         14, 1991, LHWR Secs.
                                          109.Hazardous Waste.5.a, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          322.B.1.b, 322.B.1.c, 1103.B,
                                          as amended September 20, 1996,
                                          effective September 20, 1996,
                                          1109.E.1.e, 1109.E.7.c, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1519.A.2, as amended September
                                          20, 1996, effective September
                                          20, 1996, 2201.G.4,
                                          2201.G.4.a, 2201.G.4.b, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          2203.A, 2203.A.Dris,
                                          2203.A.Hallogenated Organic
                                          Compounds or HOCs,
                                          2203.A.Hazardous Constituent,
                                          2203.A.Land Disposal
                                          2203.A.Nonwastewaters,
                                          2203.A.Polychlorinated
                                          Bihenyls or PCBs, as amended
                                          September 20, 1996, effective
                                          September 20, 1996,
                                          2203.A.Wastewaters, 2207.A,
                                          2207.B., 2215.D, 2219.B,
                                          2219.C.1-2, 2219.D, 2219.E.1,
                                          2219.F, 2219.G, 2219.G.1-4,
                                          2219.H, 2223.A, 2223.C,
                                          2227.A, as amended September
                                          20, 1998, effective September
                                          20, 1996, 2227.A.2-3, 2227.B-
                                          C, 2227.C, 2227.C.1-4, 2227.D,
                                          as amended January 20, 1996,
                                          effective January 20, 1996,
                                          2245.A, 2245.B.2, 2245.C.1.b,
                                          2245.D.2, 2245.E, 2245.E.1-3,
                                          2245.G, 2245.H, 2245.I, 2246.A-
                                          B, as amended September 20,
                                          1998, effective September 20,
                                          1998, 2246.C-D, 2246.D.1,
                                          2245.D.1.a, as amended January
                                          20, 1996, 2246.d.1.b, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2246.D.1.c, 2246.D.2, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          4903.E.2, 4903.F, Chapter 48
                                          Appendix C, as amended
                                          September 20, 1996, effective
                                          September 20, 1996.
                                          LRS:30:2180 et seq., 4903.E.2,
                                          4903.F, Chapter 48 Appendix C,
                                          as amended September 20, 1996,
                                          effective September 20, 1996.
10. Land Disposal Restrictions,          LRS 30:2180 et seq., 2219.C.1-
 hazardous Waste Debris Case-by-Case      2, 2219.D, 2219.E, 2219.E.1-5,
 Capacity Variance, [57FR 20766], May     2219.4.E.a-b, 2219.E.b.i-viii,
 15, 1992. (Checklist 103).               as amended September 20, 1998,
                                          effective September 20, 1998.
11. Land Disposal Restrictions, Lead-    LRS 30:2180 et seq., as amended
 Bearing hazardous Materials Case-by-     June 14, 1991, effective June
 Case Variance, [57 Fr 28628], June 26,   14, 1991, LHWR Secs.  2219.C.1-
 1992. (Checklist 106).                   2, and 2219.I, as amended
                                          September 20, 1998, effective
                                          September 20, 1998.

[[Page 46312]]

 
12. Land Disposal Restrictions for       LRS 30:2180 et seq.,
 Newly Listed Waste and Hazardous         109.Containment Building,
 Debris, [57 FR 37194], August 18,        109.Hazardous Waste.2.c,
 1992. (Checklist 109).                   109.Hazardous
                                          Waste.4.b.ii(c).(i)-(ii),
                                          109.Hazardous Waste.6,
                                          109.Hazardous Waste.6.a-b,
                                          109.Miscellaneous Unit,
                                          109.Pile, as amended May 20,
                                          1997, effective May 20, 1997,
                                          321.C.5.d.ii(b), as amended
                                          September 20, 1995, effective
                                          September 20, 1995, effective
                                          September 20, 1996, 515.A.25,
                                          as amended March 20, 1995,
                                          effective March 20, 1995,
                                          517.D, 1109.E.1.c,
                                          1109.E.c.ii, 1109.E.1.d,
                                          1109.E.1.d.i, 1109.E.1.e,
                                          1109.E.d.ii, 1705.A, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          1801, 1801.A. 1801.A.2,
                                          1801.A.3.a-c, 1801.A.4-5, as
                                          amended September 20, 1995,
                                          effective September 20, 1995,
                                          1802.A, 1802.A.1-2, 1802.A.2.a-
                                          b, 1802.A.3-4, 1802.B,
                                          1802.B.1-2, 1802.B.2.a,
                                          1802.B.2.b, 1802.B.3,
                                          1802.B.3.a, 1802.B.3.a.i-ii,
                                          1802.B.3.b-c, 1802.B.4,
                                          1802.B.4.a-c, 1802.C,
                                          1802.C.1, 1802.C.1.a,
                                          1802.C.1.b, 1802.C.1.c-d,
                                          1802.C.2-3, 1802.C.3.a,
                                          1802.C.a.ii-iv, 1802.C.3.b-c,
                                          1802.C.4, 1802.C.a.i, 1802.D,
                                          1802.D.1, 1802.D.2-3, 1802.E,
                                          1803.A, 1803.A.3, 1803.B,
                                          2203.A.Debris, as amended
                                          March 20, 1995, effective
                                          March 20, 1995,
                                          2203.A.Hazardous Waste Debris,
                                          as amended January 20, 1996,
                                          effective January 20, 1996.
                                          2205.A.1, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2205.A.2, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2221.C.1, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2221.C.2, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2221.C.3, as amended
                                          September 20, 1998, September
                                          20, 1998, 2221.C.3, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2221.C.4, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2221.C.5, 2221.C.5.a-d,
                                          2221.C.6, 2223.B, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2223.D, as
                                          amended September 20, 1996,
                                          effective September 20, 1996,
                                          2227.B, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2230.A, 2230.A.1-5,
                                          2230.B, 2230.B.1-3,
                                          2230.C2230.C.1.b, 2230.C.2-5,
                                          2230.D.1, 2230.D.1.a, as
                                          amended May 20, 1997,
                                          effective May 20, 1997,
                                          2237.C.1, 2237.C.2-3,
                                          2239.I.2.b, 2239.I.2.d,
                                          2239.I.e, as amended January
                                          20, 1996, effective January
                                          20, 1996, 2239.I.2.f, as
                                          amended January 20, 1996,
                                          effective January 20, 1996,
                                          2245.B.3, 2245.B.4, 2245.B.5,
                                          2245.C, 2245.D.4, 2245.D.6,
                                          2245.D.7, 2245.E, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 2246.D,
                                          2246.D.1.a, January 20, 1996,
                                          effective January 20, 1996,
                                          2246.D.1.b, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          2246.D.1.c, as amended January
                                          20, 1996, effective January
                                          20, 1998, 2246.D.2, 2246.E,
                                          2246.E.1, 2246.E.1.a-c,
                                          2246.E.2, 2246.E.3, 2246.E.3.a-
                                          c, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2247.B, 2247.C.1,
                                          Chapter 22 Table 2, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, Chapter 22
                                          Table 8, as amended May 20,
                                          1997, effective May 20, 1997,
                                          3501.C.1, as amended March 20,
                                          1995, effective March 20,
                                          1995, 3501.C.2, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, 3501.C.3,
                                          3501.C.4, 3507.C, 3511.A.2,
                                          3701.B.1, 3701.B.2, 3701.B.2-
                                          4, 3705.A, 4303.B.6, 4377.B.1-
                                          4, as amended March 20, 1995,
                                          effective March 20, 1995,
                                          4379.C, as amended September
                                          20, 1998, effective September
                                          20, 1998, 4381.D.4, 4397.B,
                                          4397.B.1-3, 4401.A, 4462.H,
                                          4701.A.1, as amended March 20,
                                          1995, effective March 20,
                                          1995, 4701.A.2, 4701.A.3,
                                          4701.A.3.a-c, 4701.A.4-5, as
                                          amended September 20, 1995,
                                          effective September 20, 1995,
                                          4703.A, 4703.A.1-2, 4703.A.2.a-
                                          b, 4703.A.3-4, 4703.B,
                                          4703.B.1-2, 4703.B.2.a-b,
                                          4703.B.3, 4703.B.3.a,
                                          4703.B.3.a.i-ii, 4703.B.3.b-c,
                                          4703.B.4, 4703.B.4.a-c,
                                          4703.C, 4703.C.1, 4703.C.1.a-
                                          d, 4703.C.2-3, 4703.c.3.a,
                                          4703.C.3.a.i-iv, 4703.C.3.b-c,
                                          4703.C.4, 4703.D, 4703.D.1-3,
                                          4703.E, 4705.B, as amended
                                          March 20, 1995, effective
                                          March 20, 1995.
13. Land Disposal Restrictions,          LRS 30:2180 et seq., 2219.C.1-
 Hazardous Soil Case-by-Case Capacity     2, 2219.D, 2219.E, 2219.E.1-5,
 Variance, [57 FR 47772], October 20,     2219.4.E.a-b, 2219.E.b.i-viii,
 1992. (Checklist 116)..                  as amended September 20, 1998,
                                          effective September 20, 1998.
14. Land Disposal Restrictions; Renewal  LRS 30:2180 et seq. as amended
 of the Hazardous Waste Debris Case-by-   June 14, 1991, effective June
 Case Capacity Variance, [58 FR 28506]    14, 1991; 2219.C.1-2, 2219.D,
 May 14, 1993. Checklist 123)..           2219.E, 2219.E.1-5,2219.4.E.a-
                                          b, 2219.E.b.i-viii, as amended
                                          September 20, 1998, effective
                                          September 20, 1998.

[[Page 46313]]

 
15. Land Disposal Restrictions for       LRS 30:2180 et seq., as amended
 Ignitable and Corrosive Characteristic   June 14, 1991, effective June
 Waste Whose Treatment Standards Were     14, 1991, LHWR Secs.
 Vacated, [58 FR 29860] May 24, 1993.     322.B.1.b-d, as amended
 (Checklist 124)..                        September 20, 1996, effective
                                          September 20, 1996, 1501.C.6,
                                          as amended May 20, 1997,
                                          effective May 20, 1997,
                                          2201.I.3-4, 2203.A. Underlying
                                          Hazardous Constituent, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2221,D.1-2, 2223.B, as amended
                                          January 20, 1996, effective
                                          January 20, 1996, 2245.A,
                                          2245.B.2, 2246.A, 2247.B.2, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          4307, as amended June 20,
                                          1998, effective June 20, 1998.
16. Land Disposal Restrictions Phase     LRS:30:2180 et seq., as amended
 III-Decharterized Wastewaters,           June 14, 1991, effective June
 Carbamate Waste, and Spent Postliners,   14, 1991, LHWR Secs.
 [61 FR 15566] April 4, 1996.             2201.G.4, 2201.G.4.a-b,
 (Checklist 151)..                        2201.G.5, 2201.G.5.a-d, as
                                          amended April 20, 1998,
                                          2201I.2, as amended May 20,
                                          1997, effective May 20, 1997,
                                          2201.I.3-4, as amended
                                          September 20, 1998, effective
                                          September 20, 1998,
                                          2203.A.Inorganic Metal Bearing
                                          Waste, 2203.A. Underlying
                                          Hazardous Constituents,
                                          2203.A.Waste Water, 2207.A-C,
                                          2207.C.1, 2207.C.2-6, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          2221.F.1, as amended September
                                          20, 1998, effective September
                                          20, 1998, 221.F.2-3, as
                                          amended April 20, 1998,
                                          effective April 20, 1998,
                                          2221.F.4, as amended September
                                          20, 1998, effective September
                                          20, 1998, 2221.F.5-6,
                                          2221.F.6.a-d, 2221.F.7,
                                          2223.A, 2223.C, as amended
                                          April 20, 1998, effective
                                          April 20, 1998, 2223.E, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2231.A, as amended January 20,
                                          1996, effective January 20,
                                          1996, 2235, as amended April
                                          20, 1998, effective April 20,
                                          1998, 2245.A, 2245.B.2,
                                          2245.B.4-5, 2245.C.1.b,
                                          2245.D.2, 2246.A, 2246.D, as
                                          amended September 20, 1998,
                                          effective September 20, 1998,
                                          2246.D.1.a-b, 2247.B.2,
                                          2247.C.4-5, Chapter 22 Table,
                                          2, 3, and 5, as amended
                                          September 20, 1998, effective
                                          September 20, 1998, Chapter 22
                                          Table 7, as amended April 20,
                                          1998, effective April 20,
                                          1998.
                                         LAC 33:V.2201.G.4 is more
                                          stringent than 40 CFR
                                          268.1(c)(3)(ii) Federal
                                          equivalent because it
                                          clarifies the point of
                                          injection by specifically
                                          stating ``at the well head.''
                                         LAC 33.V.2231.A is more
                                          stringent than 40 CFR
                                          268.44(a) because the State
                                          requires the petitioner to
                                          bear the burden of proving
                                          that the properties of the
                                          waste differ significantly
                                          from waste analyzed in the
                                          treatment standards.
------------------------------------------------------------------------

F. What Decisions Has the EPA Made?

    We conclude that Louisiana's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, we grant Louisiana final authorization to operate its 
hazardous waste program as revised, assuming we receive no adverse 
comments 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.

G. How Do the Revised State Rules Differ From the Federal Rules?

    The EPA considers the following State requirements to be more 
stringent than the Federal: LAC 33:V.319, which refers to LAC 33:I 
Chapter 5 is more stringent than 40 CFR 260.1(b)(1) and 40 CFR 260.2(b) 
Federal equivalent (because the regulations in LAC 33:I chapter 5 
require more specific information than that of the Federal regulations. 
LAC 33:V.3901, 3903, 3911, 3913 and 3915 are more stringent than 40 CFR 
261.5(b)(c), (e), (f)(2) and (g)(2) Federal equivalents because the 
small quantity generators are regulated more stringent in Louisiana 
than in the above mentioned Federal citations. LAC 33:V.2239.A.1-4 are 
more stringent than the 40 CFR 268.5(a)(1-4) Federal equivalent because 
Louisiana additionally requires one compacted clay or other LDEQ 
approved liner in addition to the Federal requirements. LAC 33:V.2239.C 
is more stringent than the 40 CFR 268.5(c) Federal equivalent because 
the State citation additionally specifies that failure to segregate 
waste streams shall not constitute justification for a case-by-case 
extension for those wastes which are separable and treatable.
    The LAC 33:V.2239.H is more stringent than the 40 CFR 268.5(g) 
Federal equivalent because the State citation has a specific time 
interval whereas the Federal citation has a discretionary period. LAC 
33:V.2241.A is more stringent than Federal equivalent 40 CFR 268.6(a) 
because there is no exemption granted to the generator for land 
disposal of waste streams. Pertaining to only the notification section 
of this citation, LAC 3:V.2241.I is more stringent than the 40 CFR 
268.6(f)(2)-(3) Federal equivalent because it requires a 24 hour notice 
to the administrative authority once it is determined that the 
hazardous constituents have migrated from the unit. LAC 33:V.2241.N is 
more stringent than the 40 CFR 268.6(k) Federal equivalent because the 
State term of a petition granted is no longer than what is specified 
under the final operating permit or up to 5 years from the date of 
approval if the unit is operating under interim status. The EPA allows 
up to a maximum 10 years from the date of approval. The State requires 
exemption to be reviewed at least once every 3 years.
    LAC 33:V.2241.Q is more stringent than the 40 CFR 268.6(n) Federal 
equivalent because Louisiana sets limits at 50ppm, while EPA's limit is 
500ppm.

[[Page 46314]]

Federal citation 40 CFR 268.1(e)(1) was referenced to LAC 33V. Chapter 
39 because small quantity generators are not exempt from land disposal 
regulations and thus the State is more stringent. LAC 33:V.2201.G.4 is 
more stringent than the 40 CFR 268.1(c)(3)(ii) Federal equivalent 
because Louisiana regulations clarify the point of injection by adding 
``at the Well head.'' These requirements are part of Louisiana's 
authorized program and are federally enforceable. In this authorization 
of the State of Louisiana's program revisions for LDR, there are no 
provisions that are broader in scope. Broader in scope requirements are 
not part of the authorized program and EPA cannot enforce them.

H. Who Handles Permits After This Authorization Takes Effect?

    Louisiana will issue permits for all the provisions for which it 
has authority and will administer the permits it issues.
    EPA will continue to administer any RCRA hazardous waste permits or 
portions of permits which it issued before the effective date of this 
authorization until they expire or terminate. The EPA will not issue 
any more permits or portions of permits for the provisions listed in 
the chart above after the effective date of this authorization. EPA 
will continue to implement and issue permits for HSWA requirements for 
which the State is not yet authorized.

I. Why Wasn't There a Proposed Rule Before Today's Notice?

    EPA is authorizing the State's changes through this immediate final 
action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial and 
we expect no comments that oppose this action. EPA is providing an 
opportunity for public comment now. In the proposed rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State changes. If EPA receives comments which 
oppose this authorization, that document will serve as a proposal to 
authorize the changes.

J. Where Do I Send My Comments and When Are They Due?

    You should send written comments to Alima Patterson, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to 
Docket Number LA-99-1. We must receive your comments by September 24, 
1999. You may not have an opportunity to comment again. If you want to 
comment on this action, you must do so at this time.

K. What Happens if EPA Receives Comments Opposing This Action?

    If EPA receives comments opposing this authorization, a second 
Federal Register document will be published before the time the 
immediate final rule takes effect. The second notice may withdraw the 
immediate final rule or identify the issues raised, respond to the 
comments, and affirm that the immediate final rule will take effect as 
scheduled.

L. When Will This Approval Take Effect?

    Unless EPA receives comments opposing this action, this final 
authorization approval will become effective without further notice on 
October 25, 1999.

M. Where Can I Review the State's Application?

    You can view and copy the State of Louisiana's application 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, (504) 765-0617 and EPA, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. 
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, (214) 665-8533.

N. Now Does Today's Action Affect Indian Country in Louisiana?

    Louisiana is not authorized to carry out its hazardous waste 
program in Indian country within the State. This authority remains with 
EPA. Therefore, this action has no effect on Indian country.

O. What Is Codification?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. The EPA does this by referencing the authorized 
State rules in 40 CFR part 272. The EPA reserves the amendment of 40 
CFR part 272, subpart T for this authorization of Louisiana's program 
changes until a later date.

Regulatory Requirements

Compliance With Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from the requirements of section 3 of E.O. 12866.

Compliance With Executive Order 13045

    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 E.O. 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 E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions based on environmental health or safety 
risks.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 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.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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

[[Page 46315]]

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 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.

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.

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).

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.

Executive Order 12875 Enhancing Intergovernmental Partnerships

    Under E.O. 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, E.O. 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 E.O. 12875 
do not apply to this rule.

Executive Order 13084 Consultation and Coordination With Indian Tribal 
Governments

    Under E.O. 13084, the EPA may not issue a regulation that is not 
require 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, E.O. 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 E.O. 13084 because it does not 
significantly or

[[Page 46316]]

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, and 
Water supply.

Authority

    This document 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: June 15, 1999.
Jerry Clifford,
Deputy Regional Administrator, Region 6.
[FR Doc. 99-22041 Filed 8-24-99; 8:45 am]
BILLING CODE 6560-50-P