[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:
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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,
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[[Page 46304]]
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Federal citation State analog
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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) &ii, 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