[Federal Register Volume 65, Number 39 (Monday, February 28, 2000)]
[Rules and Regulations]
[Pages 10411-10420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4648]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6543-3]


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 is now making an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
Louisiana's Hazardous Waste Program revision satisfies all the 
requirements necessary to qualify for final authorization.

DATES: This immediate final rule is effective on April 28, 2000 without 
further notice, unless EPA receives adverse comment by March 29, 2000.

[[Page 10412]]

Should EPA receive such comments, it will publish a timely document 
withdrawal informing the public that the rule will not take effect.

ADDRESSES: Written comments, referring to Docket Number LA-00-1, should 
be sent to Alima Patterson, Region 6 Authorization Coordinator, Grants 
and Authorization Section (6PD-G), Multimedia Planning and Permitting 
Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, 
(214) 665-8533. Copies of the Louisiana program revision application 
and the materials which EPA used in evaluating the revision are 
available for inspection and copying from 8:30 a.m. to 4 p.m. Monday 
through Friday, at the following addresses: Louisiana Department of 
Environmental Quality, H.B. Garlock Building, 7290 Bluebonnet, Baton 
Rouge, Louisiana 70810, (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.

SUPPLEMENTARY INFORMATION:

A. Why are Revision 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.

B. What is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Louisiana subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent federal requirements in order to comply with 
RCRA. Louisiana has enforcement responsibilities under its state 
hazardous waste program for violations of such program, but EPA retains 
its authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to: (1) do inspections, and require 
monitoring, tests, analyses or reports, (2) enforce RCRA requirements 
and suspend or revoke permits, and (3) take enforcement actions 
regardless of whether the State has taken its own actions. This action 
does not impose additional requirements on the regulated community 
because the regulations for which Louisiana is being authorized by 
today's action are already effective, and are not changed by today's 
action.

C. 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); August 26, 1991 (56 FR 41958) effective August 26, 1991; 
November 7, 1994 (59 FR 55368) effective January 23, 1995; December 23, 
1994 (59 FR 66200) effective March 8, 1995; there were technical 
corrections made on January 23, 1995; (60 FR 4380), effective January 
23, 1995 and another technical correction was made on April 11, 1995 
(60 FR 18360). We authorized the additional following revisions: 
October 17, 1995; (60 FR 53704) January 2, 1996; March 28, (61 FR 
13777-13782) effective June 11, 1996; December 29, 1997 (62 FR 67572-
67577) effective March 16, 1998; October 23, 1998 (63 FR 56830-56891) 
effective December 22, 1998; August 25, 1999 (64 FR 46302-46316) 
effective October 25, 1999; and September 2, 1999 (48099-48103) 
effective November 1, 1999. On August 30, 1999, Louisiana applied for 
approval of its complete final program. In this application, Louisiana 
is seeking additional approval of its program revision in accordance 
with 40 CFR 271.21(b)(3). The State is also including in this 
authorization program revisions for RCRA Cluster VIII, waste 
minimization rules a requirement for generators and owners or operators 
of treatment, storage, and disposal facilities to certify that they 
have instituted a waste minimization program.
    In 1983, the Louisiana legislature adopted Act 97, which amended 
and reenacted Louisiana Revised Statutes (LRS) 30:1051 et seq., the 
Environmental Affairs Act. This Act created Louisiana Department of 
Environmental Quality (LDEQ), which has lead agency jurisdictional 
authority for administering the RCRA Subtitle C program in the State. 
Also, LDEQ is designated to facilitate communication between EPA and 
the State. The State law governing the generation, transportation, 
treatment, storage and disposal of hazardous waste can be found in LRS 
30:2171-2205. This part may be cited as the ``Louisiana Hazardous Waste 
Control Law.'' The laws governing hazardous waste should be viewed as 
part of a larger framework of environmental laws specified in Title 30, 
Subtitle II Louisiana Revised Statutes. The State of Louisiana has 
adopted the Federal regulations in Cluster VIII promulgated from July 
1, 1997, through June 30, 1998; the State of Louisiana regulations 
became effective September 20, 1998, and March 20, 1999.

D. What Revisions are we Approving with Today's Action?

    Louisiana applied for final approval of its revision to its 
hazardous waste program in accordance with 40 CFR 271.21. Louisiana's 
revisions consist of regulations which specifically govern RCRA Cluster 
VIII and waste minimization rules. Louisiana requirements are included 
in a chart with this document. The EPA is now making a final decision, 
subject to receipt of written comments that oppose this action, that 
Louisiana's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. Therefore, 
we grant Louisiana final authorization for the following program 
revisions:

[[Page 10413]]



------------------------------------------------------------------------
       Federal citation                       State analog
------------------------------------------------------------------------
1. HWSA Codification Rule;     Louisiana Revised States (LRS) 30: Sec.
 Waste Minimization, [50 FR     2180 et seq, as amended June 14, 1991,
 28702] July 15, 1985.          effective June 14, 1991; Louisiana
 (Checklist 17D).               Hazardous Waste Regulations (LHWR) Secs.
                                309.J.2, as amended April 20, 1998,
                                effective April 20, 1998; 901, 1107.B.2,
                                as amended September 20, 1998, effective
                                September 20, 1998; 1111.B.1.f-h, as
                                amended October 20, 1994, effective
                                October 20, 1994; 1529.B.19, 4301.B,
                                4301.F, as amended March 20, 1999,
                                effective March 20, 1999.
2. Hazardous Waste Treatment,  LRS 30:2180 et seq, as amended June 14,
 Storage, and Disposal          1991, effective June 14, 1991; LHWR
 Facilities and Hazardous       Secs.  307.A.2, 307.A.3, 307.A.4, 517.G,
 Waste Generators; Organic      as amended September 20, 1998, effective
 Air Emission Standards for     September 20, 1998;
 Tanks, Surface Impoundments,  521.E, as amended March 20, 1998,
 and Containers, [61 FR         effective March 20, 1998;
 59931] November 25, 1996,     523.K, 525.K, 526.A, 526.A.1-7, 110.A.14,
 [59 FR 62896] December 6,      as amended September 20, 1998, effective
 1994], [60 FR 26828] May 19,   September 20, 1998; September 20, 1996,
 1995, [60 FR 50426]            effective September 20, 1996; 110.A.15,
 September 29, 1995, [60 FR     110.B, 1109.E.1.a, as amended September
 56952] November 13, 1995,      20, 1998, effective September 20, 1998;
 [61 FR 4903] February 9,       1109.E.b, as amended March 20, 1995,
 1996, [61 FR 28508] June 5,    effective March 20, 1995; 1109.E.7.a, as
 1996. (Checklists 154,         amended September 20, 1998, effective
 154.1, 154.2, 154.3, 154.4,    September 20, 1998; 1509.B.4, as amended
 154.5 and 154.6.).             March 20, 1999, effective March 20,
                                1999; 1519.B.7. 1519.B.9, 1519.B.9.a-b,
                                1529.B.6, as amended September 20, 1998,
                                effective September 20, 1998; 1529.B.9,
                                as amended March 20, 1999, effective
                                March 20, 1999; 1529.E.3, as amended
                                September 20, 1996, effective September
                                20, 1996;
                               Chapter 17 Appendix Table 1, as amended
                                September 20, 1996, effective September
                                20, 1996;
                               1703, 1703. Average Volatile Organic,
                                1703. Closure Device, 1703. Cover, 1703.
                                Enclosure, 1703. Continuous Seal, 1703.
                                External Floating Roof, 1703. Fixed
                                Roof, 1703. Floating Membrane Cover,
                                1703. Floating Roof, 1703. Hard-piping,
                                1703. In Light Material Service, 1703.
                                1703. In Light Service, 1703. Internal
                                Floating Roof, 1703. Liquid-Mounted
                                Seal, 1703. Malfunction, 1703. Maximum
                                Organic Vapor Pressure,1703. Metallic
                                Shoe Seal, 1703. No Detectable Organic
                                Emissions, 1703. Point of Waste
                                Origination, 1703. Point of Waste
                                Treatment, 1703. Single-Seal System,
                                1703. Vapor-Mounted Seal, 1703. Safety
                                Device, 1703. Single-seal System, 1703.
                                Volatile Organic Concentration or VO,
                                1703. Waste Determination, 1703. Waste
                                Stabilization Process, 1705. A, 1705.
                                A.1-3, 1705.B, 1705.D, 1705.Note
                                1,1709.A.2, 1709.A. 2.a-d,
                                1709.F.2.f.ii, 1709.K, 1709.K.1-2,
                                1709.L, 1709.L.1.a-b, 1709.L.1.b.i-ii,
                                1709.L.c-d, 1709.L.2, 1709.L.2.a-d,
                                1709.L.3, 1709.L.3.a-d, 1709.L.I,
                                1709.M, 1709.N, 1709.N.1, 1709.N.1.a-c,
                                1709.N.2, 1709.N.2.a-b, 1709.N.3,
                                1709.N.3.a-b, 1709.O, 1709.O.1-2,
                                1711.B, 1713.C.10, 1713.C.10.a-e,
                                1713.10.e.i-ii, 1713.C.3, 1713.C.9,
                                1713.D, 1717.B, 1717.B.1-3, as amended
                                September 20, 1998, effective September
                                20, 1998;
                               1717.C, 1717.F, as amended March 20,
                                1999, effective March 20, 1999;
                               1717.Note, 1725.A-B,1725.B.1-3, 1725.C,
                                1725.E, 1735.A, as amended September 20,
                                1998, effective September 20, 1998;
                               1735.A.1, 1735.B.1-4, 1739.B.2-3,
                                1743.G.6, 1743.M, 1747.A, as amended
                                March 20, 1999, effective March 20,
                                1999;
                               1747.B, 1747.B.1, as amended September
                                20, 1998, effective September 20, 1998;
                               1747.B.2, as amended March 20, 1999,
                                effective March 20, 1999;
                               1747.B.3-8, 1747.C-D, 1747.D.1-3, 1749,
                                1751.A-C, 1751.C.1-2, 1751.C.2.a-d,
                                1751.C.2.d.i-ii, 1751.C.2.e,
                                1751.C.2.e.i-iii, 1751.C.2.f,
                                1751.C.2.g, 1751.C.2.g.i-ii, 1751.C.2.h,
                                1751.C.2.h.i-ii, 1751.C.2.i-ii, as
                                amended September 20, 1998, effective
                                September 20, 1999;
                               1751.C.3-4, as amended March 20, 1999,
                                effective March 20, 1999;
                               1751.C.4.a-b, 1751.C.5, 1751.C.5.a-c,
                                1751.D, 1751.D.1-2, 1751.D.2.a-b,
                                1751.D.3-5, 1751.D.5.a-c, 1753.A,
                                1753.A.1, as amended September 20, 1998,
                                effective September 20, 1998;
                               1753.A.2, as amended March 20, 1999,
                                effective March 20, 1999;
                               1753.B, 1753.B.1-2, 1753.C., 1753.C.1-2,
                                1753.D, 1755.A-B, 1755.B.1, 1755.B.1.a,
                                1755.B.1.a.i-iii, 1755.B.1.b-c,
                                1755.B.2, 1755.C, 1755.C.1-2, 1755.b.1.b-
                                c, 1755.B.2, 1755.C, 1755.C.1-2,
                                1755.C.2.a-c, 1755.C.2.C.i-ii, as
                                amended September 20, 1998;
                               1755C.2.i-ii, 1755.C.2.c.ii(a)-(b), as
                                amended March 20, 1999, effective March
                                20, 1999;
                               1755.C.2.d, 1755.C.3, 1755.C.3.a,
                                1755.C.3.a.i-ii, 1755.C.3.b-c, 1755.C.4,
                                1755.C.4.a-d, 1755.D, 1755.D.1-5,
                                1755.E, 1755.E.1, 1755.E.1.a-b,
                                1755.E.1.b.i-ii, 1755.E.1.c,
                                1755.E..1.C.i-vi, 1755.E.2, 1755.E.2.a-
                                c, 1755.E.3, 1755.E.3.a-b, 1755.E.3.b.i-
                                ii, 1755.E.3.c-d, 1755.E.3.d.i-ii,
                                1755.E.3.e-f, 1755.E.4, 1755.F,
                                1755.F.1, 1755.F.1.a-b, 1755.F.1.b.i-ii,
                                1755.F.1.c, 1755.F.1.c.i-iv,
                                1755.F.1.c.ix, 1755.F.1.c.v-
                                viii,1755.F.2, 1755.F.2.a-h, 1755.F.3,
                                1755.F.3.a, 1755.F.3.a.i-iv,
                                1755.F.3.a.iv(a)-(d), 1755.F.a.v-vi,
                                1755.F.3.b, 1755.F.3.b.i-iv, 1755.F.3.c,
                                1755.F.3.c.i-iii, as amended September
                                20, 1998, effective September 20, 1998;

[[Page 10414]]

 
                               1755.F.3.c.iv.d, 1755.F.4, 1755.G, as
                                amended March 20, 1999, effective March
                                20, 1999; 1755.G.1, 1755.G.1.a-d,
                                1755.G.2, 1755.G.2.a, 1755.G.2.a.i-ii,
                                1755.G.2.b, 1755.G.3, 1755.G.3.a-e
                                1755.H, 1755.H.1-3, 1755.I, 1755.I.1-4,
                                1755.J, 1755.J.1-2, 1755.J.a-b, as
                                amended September 20, 1998, effective
                                September 20, 1998; 1755.J.2.c, as
                                amended March 20, 1999, effective March
                                20, 1999;
                               1755.K, 1755.K.1-2, 1755.L, 1755.L.1,
                                1755.L.1.a-b, 1755.L.2, 1757.A-B,
                                1757.B.1-2, 1757.C, 1757.C.1, 1757.C.1.a-
                                b, 1757.C.b.i-ii, 1757.C.1.c, 1757.1.d,
                                1757.C.1.e, 1757.C.1.f, 1757.C.2,
                                1757.C.2.a, 1757.C.2.a.i-ii, 1757.C.2.b,
                                1757.C.3, 1757.C.3.a-d, 1757.D,
                                1757.D.1, 1757.D.1.a-b, as amended
                                September 20, 1998, effective September
                                20, 1998, 1757.D.1.c, as amended March
                                20, 1999, effective March 20, 1999;
                                1757.D.1.d, 1757.D.2, 1757.D.2.a,
                                1757.D.2.a.i-ii, 1757.D.b, 1757.D.3,
                                1757.D.3.a-e, 1757.E, 1757.E.1-2,
                                1757.E.2.a-c, as amended September 20,
                                1998, effective September 20, 1998;
                               1757.F, 1757.F.1-2, 1757.G, 1757.G.1-2,
                                1759.A-B, 1759.B.1, 1759.B.1.a-c,
                                1759.B.2, 1759.C, 1759.C.1, 1759.C.1.a-
                                c, 1759.C.2, 1759.C.3, 1759.C.3.a,
                                1759.C.3.a.i-ii, 1759.C.3.b,
                                1759.C.3.b.i-ii, 1759.C.3.c-e, 1759.C.4,
                                1759.C.4.a-c, 1759.C.5, 1759.D,
                                1759.D.1, 1759.D.1.a-c, amended
                                September 1998, effective September
                                1998;
                               1759.D.2-3, as amended March 20, 1999,
                                effective March 20, 1999; 1759.D.3.a,
                                1759.D.a.i-ii, 1759.D.3.b, 1759.D.3.b.i-
                                ii, 1759.D.3.c-e, 1759.D.4,as amended
                                September 20, 1998, effective September
                                20, 1998; 1759.D.4.b-c, 1759.E,
                                1759.E.1, 1759.E.1.a-b, 1759.E.2,
                                1759.E.2.a-b, 1759.E.3-5, 1759.F,
                                1759.F.1-4, 1759.G, 1759.G.1-2, 1759.H,
                                1759.H.1-3, 1761.A-B, 1761.B.1-3,
                                1761.B.3.a-b, 1761.B.4, 1761.C,
                                1761.C.1, 1761.C.1.a-c, 1761.C.2,
                                1761.C.2.a-f, 1761.C.3, 1761.C.3.b,
                                1761.C.4-5, 1761.C.5.a, 176.C.5.a.i-v,
                                1761.C.5.b-e, 1761.C.6, as amended
                                September 20, 1998, 1761.C.7, as amended
                                March 20, 1999, effective March 20,
                                1999;
                               1763.A-B, as amended September 20, 1998,
                                effective September 20, 1998;
                               1765.A, as amended March 20, effective
                                March 20, 1999; 1765.B, 1765.B.1,
                                1765.B.1.a-b, 1765.B.1.b.i-ii, 1765.B.2,
                                1765.B.2.a-c, 1765.B.2.c.i-ii,
                                1765.B.2.d, 1765.B.2.d.i-ii, 1765.C,
                                1765.C.1-3, 1765.C.3.a-b, 1765.C.4,
                                1765.D, 1765.D.1-2, 1765.E, 1765.E.1-5,
                                1765.E.5.a-b, 1765.E.6, 1765.E.6.a-c,
                                1765.E.7, 1765.F, 1765.F.1-2, 1765.G,
                                1765.H, 1765.I, 1765.I.1-2, 1765.I.2.a-
                                b, 1765.I.3, 1765.I.3.a-b, 1765.J,
                                1765.J.1-2, as amended September 20,
                                1998, effective September 20, 1998;
                                1765.A, as amended March 20, 1999,
                                effective March 20, 1999; 1767.B-C,
                                1767.C.1-3, 1767.D, 1767.D.1-2, Chapter
                                17, Appendix Table 1, 1921, 2119, 2919,
                                3203, 4115.A, 4301.C, 4313.4.6,
                                4313.E.8, 4313.E.8.a-b, as amended
                                September 20, 1998, effective September
                                20, 1998; 4317.B.3, 4357.B.5, as amended
                                March 20, 1999, effective March 20,
                                1999; 4357.B.8, as amended March 20,
                                1999, effective March 20, 1999;4365.D as
                                amended September 20, 1998, effective
                                September 20, 1998; 4365.D, 4430, 4446,
                                4549.B, 4549.B.1-3, 4549.B. Note, as
                                amended September 20, 1998, effective
                                September 20, 1998; 4549.C, as amended
                                March 20, 1999, effective March 20,
                                1999; 4456, 4555, as amended July 20,
                                1991, effective July 20, 1991, 4557, as
                                amended March 20, 1999, effective March
                                20, 1999; 4559, as amended July 20, 1991
                                as amended July 20, 1991, effective July
                                20, 1991; 4561.B, 4561.B.1-2, as amended
                                September 20, 1998, effective September
                                20, 1998; 4561.B.3, 4561.E, as amended
                                March 20, 1999, effective March 20,
                                1999; 4561.note, as amended September
                                20, 1998, effective September 20, 1998;
                                4571, 4577, as amended July 20, 1991,
                                effective July 20, 1991; 4581, as
                                amended March 20, 1999, effective March
                                20, 1999; 4589, 4719, as amended March
                                20, 1999, effective March 20, 1999;
                                4721, as amended March 20, 1998,
                                effective March 20, 1998; 4723.A, as
                                amended September 20, 1998, effective
                                September 20, 1998; 4723.A,1,-2, as
                                amended March 20, 1999, effective March
                                20, 1999; 4723.A.2.a-d, as amended March
                                20, 1999, effective March 20, 1999;
                                4723.B, as amended September 20, 1998,
                                effective September 20, 1998; 4723.B.1-
                                2, 4723.B.2.a-c, 4723.C, 4723.D, 4725,
                                as amended March 20, 1999, effective
                                March 20, 1999;
                               4727.A, 4727.A.1-3, 4727.A.3.a-b,
                                4727.A.3.b.i-ii, 4727.A.3.c,
                                4727.A.3.c.i-v, 4727.A.3.c.v(a),
                                4727.A.3.c.vi, 4727.A,c,vi.(a)-(b),
                                4727.A.3.c.vii, 4727.A.3.c.vii.(a)-(b),
                                4727.A.3.c.viii, 4727.A.3.d,
                                4727.A.3.d.i-ii, 4727.A.3.d.ii.(a)-(b),
                                4727.A.3.e, 4727.A.4, 4727.A.4.a-d,
                                4727.B, 4727.B.1-3, 4727.b.3.a-b,
                                4727.B.3.b.i-iii, 4727.B.3.c-xi,
                                4727.B.c.vi.(a)-(b), 4727.B.3.c.vii,
                                4727.B.3.c.vii(a)-(b), 4727.B.3.c.viii,
                                4727.B.3.d-e, 4727.B.4, 4727.B.4.a-c,
                                4727.B.5, 4727.B.5.a-c, 4727.B.5.c.i-ii,
                                4727.B.5.d, 4727.B.5.d-e, 4727.B.6,
                                4727.B.6.a-b, 4727.B.7, 4727.B.7.a-d,
                                4727.B.8, 4727.a-c, 4727.B.3.c.iv,
                                4727.A.3.c.v, 4727.A.3.v.(a), 4727.B.9,
                                4727.B.9.a-d, 4727.C.1-3, 4727.C,
                                4727.C.3.a-b, 4727.C.3.b.i-v, 4727.C.4,
                                4727.D, 4727.D.1-5, 4727.D.a-b, 4727.D.6-
                                9, 4727.A.3.d.ii.(a), 4727.B.9.d, 4739,
                                as amended September 20, 1998, effective
                                September 20, 1998; and LAC 33:lll.3003,
                                as amended December 20, 1997, effective
                                December 20, 1997.
3. Hazardous Waste Management  LRS 30:2180 et seq, as amended June 14,
 System; Carbamate              1991, effective June 14, 1991; LHWR
 Production, Identification     Secs.  2221.F.1, 2221.F.4, Chapter 22
 and Listing of Hazardous       Table 2, as amended September 20, 1998,
 Waste; Land Disposal           effective September 20, 1998;
 Restrictions, [62 FR 32974]    3105.E.Table 1, as amended March 20,
 (June 17, 1997. (Checklist     1998, effective March 20, 1998; 4901.C.
 159).                          Table 2, as amended February 20, 1998,
                                effective February 20, 1998;
                                4901.F.Table 4, as amended September 20,
                                1998, effective September 20, 1998;
                                4901.G. Table 6, as amended February 20,
                                1998, effective February 20, 1998.
4. Land Disposal Restrictions  LRS 30:2180 et seq, as amended June 14,
 Phase III--Emergency           1991, effective June 14, 1991; LHWR Sec.
 Extension of the K088           2221.F.3, as amended March 20, 1999,
 National Capacity Variance,    effective March 20, 1999.
 [62 FR 37694]--July 14,
 1997. (Checklist 160).

[[Page 10415]]

 
5. Second Emergency Revision   LRS 30:2180 et seq, as amended June 14,
 of the Land Disposal           1991, effective June 14, 1991; LHWR
 Restrictions (LDR) Treatment   Secs.  2223.G, Chapter 22 Table 7, as
 Standards for Listed           amended September 20, 1998, effective
 Hazardous Wastes From          September 20, 1998.
 Carbamate Production, [62 FR
 45568] August 28, 1997
 (Checklist 161).
6. Clarification of Standards  LRS 30:2180 et seq, as amended June 14,
 for Hazardous Waste LDR        1991, effective June 14, 1991; LHWR
 Treatment Variances [62 FR     Secs.  2231.A, 2231.A.1-2, 2231.A.2.a-b,
 64504] (December 5, 1997.      2231.G, 2231.G.1-2, 2231.G.2.a-b,
 (Checklist 162).               2231.G.3 and 2231.M, as amended March
                                20, 1999, effective March 20, 1999.
7. Organic Air Emissions       LRS 30:2180 et seq,as amended June 14,
 Standards for Tanks, Surface   1991, effective June 14, 1991; LHWR
 Impoundments, and              Secs.  307.A.2, 307.A.3, 307.A.4, 517.G,
 Containers; Clarification      as amended September 20, 1998, effective
 and Technical Amendment, [62   September 20, 1998; 521.E, as amended
 FR 64636] December 8, 1997.    March 20, 1998, effective March 20,
 (Checklist 163).               1998; 523.K, 525.K, 526.A, 526.A.1-7,
                                110.A.14, as amended September 20, 1998,
                                effective September 20, 1998; September
                                20, 1996, effective September 20, 1996;
                                110.A.15, 110.B, 1109.E.1.a, as amended
                                September 20, 1998, effective September
                                20, 1998; 1109.B.b, as amended March 20,
                                1995, effective March 20, 1995;
                                1109.E.7.a, as amended September 20,
                                1998, effective September 20, 1998;
                                1509.B.4, as amended March 20, 1999,
                                effective March 20, 1999; 1519.B.7.
                                1519.B.9, 1519.B.9.a-b, 1529.B.6, as
                                amended September 20, 1998, effective
                                September 20, 1998; 1529.B.9, as amended
                                March 20, 1999, effective March 20,
                                1999; 1529.E.3, as amended September 20,
                                1996, effective September 20, 1996;
                               Chapter 17 Appendix Table 1, as amended
                                September 20, 1996, effective September
                                20, 1996;
                               1703, 1703. Average Volatile Organic,
                                1703. Closure Device, 1703. Cover, 1703.
                                Enclosure, 1703. Continuous Seal, 1703.
                                External Floating Roof, 1703. Fixed
                                Roof, 1703. Floating Membrane Cover,
                                1703. Floating Roof, 1703. Hard-piping,
                                1703. In Light Material Service, 1703.
                                1703. In Light Service, 1703. Internal
                                Floating Roof, 1703. Liquid-Mounted
                                Seal, 1703. Malfunction, 1703. Maximum
                                Organic Vapor Pressure, 1703. Metallic
                                Shoe Seal, 1703. No Detectable Organic
                                Emissions, 1703. Point of Waste
                                Origination, 1703. Point of Waste
                                Treatment, 1703. Single-Seal System,
                                1703. Vapor-Mounted Seal, 1703. Safety
                                Device, 1703. Single-seal System, 1703.
                                Volatile Organic Concentration or VO,
                                1703. Waste Determination, 1703. Waste
                                Stabilization Process, 1705.A, 1705.A.1-
                                3, 1705.B, 1705.D, 1705. Note
                                1,1709.A.2, 1709.A.2.a-d, 1709.F.2.f.ii,
                                1709.K, 1709.K.1-2, 1709.L, 1709.L.1.a-
                                b, 1709.L.1.b.i-ii, 1709.L.c-d,
                                1709.L.2, 1709.L.2.a-d, 1709.L.3,
                                1709.L.3.a-d, 1709.L.I, 1709.m, 1709.n,
                                1709.N.1, 1709.n.1.a-c, 1709.N.2,
                                1709.N.2.a-b, 1709.N.3,1709.n.3.a-b,
                                1709.O, 1709.O.1-2, 1711.B, 1713.C.10,
                                1713.C.10.a-e, 1713.10.e.i-ii, 1713.C.3,
                                1713.C.9, 1713.D, 1717.B, 1717.B.1-3, as
                                amended September 20, 1998, effective
                                September 20, 1998; 1717.C, 1717.F, as
                                amended March 20, 1999, effective March
                                20, 1999;
                               1717. Note, 1725.A-B,1725.B.1-3, 1725.C,
                                1725.E, 1735.A, as amended September 20,
                                1998, effective September 20, 1998;
                                1735.A.1, 1735.A.B.1-4, 1739.B.2-3,
                                17.G.6, 1743.M, 1747.A, as amended March
                                20, 1999, effective March 20, 1999;
                               1747.B, 1747.B.1, as amended September
                                20, 1998, effective September 20, 1998;
                               1747.B.2, as amended March 20,
                                1999,effective March 20, 1999;
                               1747.B.3-8,1747.C-D, 1747.D.1-3, 1749,
                                1751.A-C, 1751.C.1-2, 1751.C.2.a-d,
                                1751.C.2.d.i-ii, 1751.C.2.e, 1751.C.e.i-
                                iii, 1751.C.5.a-c, 1751.D, 1751.D.1-2,
                                1751.D.2.a-b, 1751.D.3-5, 1751.D.a-c,
                                1753.A, 1753.A.1, as amended September
                                20, 1998, effective September 20, 1998;
                               1753.A.2, as amended March 20, 1999,
                                effective March 20, 1999;
                               1751.C.2.f, 1751.C.2.g, 1753.B, 1753,
                                1751.C.2.g, 1751.C.2.g.i-ii, 1751.C.2.h,
                                1751.C.2.h.i-ii, 1751.C.2.i-ii, as
                                amended September 20, 1998, effective
                                September 20, 1999;
                               1751.C.3-4, as amended March 20, 1999,
                                effective March 20, 1999;
                               1751.C.4.a-b, 1751.C.5.a-c, 1751.D,
                                1751.D.1-2, 1751.D.2.a-b, 1751.D.3-5,
                                1751.D.a-c, 1753.A, 1753.A.1, as amended
                                September 20, 1998, effective September
                                20, 1998;
                                1753.A.2, as amended March 20, 1999,
                                effective March 20, 1999;
                               1753.B, 1753,1753.B.1-2, 1753.C.,
                                1753.C.1-2, 1753.D, 1755.A-B, 1755.B.1,
                                1755.B.1.a, 1755.B.1.a.i-iii, 1755.B.1.b-
                                c, 1755.B.2, 1755.C, 1755.C.1-2,
                                1755.b.1.b-c, 1755.B.2, 1755.C, 1755.C.1-
                                2, 1755.C.2.a-c, 1755.C.2.C.i-ii, as
                                amended September 20, 1998;
                               1755C.2.i-ii, 1755.C.2.c.ii(a)-(b), as
                                amended March 20, 1999, effective March
                                20, 1999;
                               , 1755.F.2.a-b-h, 1755.F.3, 1755.F.3.a,
                                1755.F.3.a.i-iv, 1755.F.3.a.iv(a)-(d),
                                1755.F.a.v-vi, 1755.F.3.b, 1755.F.3.b.i-
                                iv, 1755.F.3.c, 1755.F.3.c.i-iii, as
                                amended September 20, 1998, effective
                                September 20, 1998;
                               1755.F.3.c.iv.d, 1755.F.4, 1755.G, as
                                amended March 20, 1999, effective March
                                20, 1999;

[[Page 10416]]

 
                               1755.C.2.d, 1755.C.3, 1755.C.3.a,
                                1755.C.3.a.i-ii, 1755.C.3.b-c, 1755.C.4,
                                1755.c.4.a-d, 1755.D, 17755.D.1-
                                5,1755.E, 1755.E.1, 1755.E.1.a-b,
                                1755.E.1.b.i-ii, 1755.E.1.c,
                                1755.E..1.C.i-vi, 1755.E.2, 1755.E.2.a-
                                c, 1755.E.3, 1755.E.3.a-b, 1755.E.3.b.i-
                                ii, 1755.E.3.c-d, 1755.E.3.d.i-ii,
                                1755.E.3.e-f, 1755.E.4, 1755.F,
                                1755.F.1, 1755.F.1.a-b, 1755.F.1.b.i-ii,
                                1755.F.1.c, 1755.F.1.c.i-iv,
                                1755.F.1.c.ix, 1755.F.1.c.v-
                                viii,1755.F.2, 1755.G.1, 1755.G.1.a-d,
                                1755.G.2, 1755.G.2.a, 1755.G.2.a.i-ii,
                                1755.G.2.b, 1755.G.3, 1755.G.3.a-e
                                1755.H, 1755.H.1-3, 1755.I,1755.J.
                                1755.J.a-b, as amended September 20,
                                1998, effective September 20, 1998;
                               1755.J.2.c,1755.I.1-4, 1755.J, 1755.J.1-
                                2, as amended March 20, 1999, effective
                                March 20, 1999;
                               1755.J. 1755.J.a-b, as amended September
                                20, 1998, effective September 20, 1998;
                               1755.J.2.c, as amended March 20, 1999,
                                effective March 20, 1999;
                               1755.K, 1755.K.1-2, 1755.L, 1755.L.1,
                                1755.L.1.a-b, 1755.L.2, 1757.A-B,
                                1757.B.1-2, 1757.C, 1757.C.1,
                                1757.C.1.b, 1757.C.b.i-ii, 1757.C.1.c,
                                1757.1.d, 1757.C.1.e, 1757.C.1.f,
                                1757.C.2, 1757.C.2.a, 1757.C.2.a.i-ii,
                                1757.C.2.b, 1757.C.3, 1757.C.3.a-d,
                                1757.D, 1757.D.1, 1757.D.1.a-b, as
                                amended September 20, 1998, effective
                                September 20, 1998, 1757.D.1.c, as
                                amended March 20, 1999, effective March
                                20, 1999;
                               1757.D.1.d, 1757.D.2, 1757.D.2.a,
                                1757.D.2.a.i-ii, 1757.D.b, 1757.D.3,
                                1757.D.3.a-e, 1757.E, 1757.E.1-2,
                                1757.E.2.a-c, as amended September 20,
                                1998, effective September 20, 1998;
                               1757.F, 1757.F.1-2, 1757.G, 1759.B.1.a-c,
                                1759.B.2, 1759.C, 1759.C.1, 1759.C.1.a-
                                c, 1759.C.2, 1759.C.3, 1759.C.3.a,
                                1759.C.3.a.i-ii, 1759.C.3.b 1757.G.1-2,
                                1759.A-B, 1759.B.1, 1759.C.3.b.i-ii,
                                1759.C.3.c-e, 1759.C.4, 1759.C.4.a-c,
                                1759.C.5, 1759.D, 1759.D.1, 1759.D.1.a-
                                c, amended September 1998, effective
                                September 1998;
                               1759.D.2-3, as amended March 20, 1999,
                                effective March 20, 1999;
                               1759.D.3.a, 1759.D.a.i-ii,
                                1759.D.1759.D.3.b, 1759D.3.b.i-ii,
                                1759.D.3.c-e, 1759.D.4,as amended
                                September 20, 1998, effective September
                                20, 1998;
                               1759.D.4.b-c, 1759.E, 1759.E.1,
                                1759.E.1.a-b, 1759.E.2, 1759.E.2.a-b,
                                1759.E.3-5, 1759.F, 1759.F.1-4, 1759.G,
                                1759.G.1-2, 1759.H, 1759.H.1-3, 1761.A-
                                B, 1761.B.1-3, 1761.B.3.a-b, 1761.B.4,
                                1761.B.4, 1761.C, 1761.C.1, 1761.C.1.a-
                                c, 1765 1761.C.2, 1761.C.2.a-f,
                                1761.C.3, 1761.C.3.b, 1761.C.4-5,
                                1761.C.5.a, 176.C.5.a.i-v, 1761.C.5.b-e,
                                1761.C.6, as amended September 20, 1998,
                                1761.C.7, as amended March 20, 1999,
                                effective March 20, 1999;
                               1763.A-B, as amended September 20, 1998,
                                effective September 20, 1998;
                               1765.A, as amended March 20, effective
                                March 20, 1999;
                               1765.B, 1765.B.1, 1765.B.1.a-b,
                                1765.B.1.b.i-ii, 1765.B.2, 1765.B.2.a-c,
                                1765.B.2.c.i-ii, 1765.B.2.d,
                                1765.B.2.d.i-ii, 1765.C, 1765.C.1-3,
                                1765.C.3.a-b, 1765.C.4, 1765.D, 1765.D.1-
                                2, 1765.E,1765.E.1-5, 1765.E.5.a-b,
                                1765.E.6, 1765.E.6.a-c,1765.E.7, .F,
                                1765.F.1-2, 1765.G, 1765.H,
                                1765.I,1765.I.1-2, 1765.I.2.a-b,
                                1765.I.3, 1765.I.3.a-b, 1765.J, 1765.J,
                                as amended September 20, 1998, effective
                                September 20, 1998;
                               1765.J.2, 1765.A, as amended March 20,
                                1999, effective March 20, 1999, 4456,
                                4555, as amended September 20, 1998,
                                effective September 20, 1998;
                               4557,as amended March 20, 1999, effective
                                March 20, 1999;
                               4559, as amended July 20, 1991, effective
                                July 20, 1991;
                               4561.B, 4561.B.1-2, as amended September
                                20, 1998, effective September 20, 1998;
                               4561.B.3, 4561.E, 4561. note, as amended
                                March 20, 1999, effective March 20,
                                1999;
                               4571, as amended September 20, 1998,
                                effective September 20, 1998;
                               4577, 4581, as amended July 20, 1991,
                                effective July 20, 1991;
                               4589, 4719, 4721, 4723.A, as amended
                                March 20, 1991, effective March 20,
                                1991;
                               4723.A,1, as amended September 20, 1998,
                                effective September 20, 1998;
                               4723.A.2, 4723.A.2.a-d, as amended March
                                20, 1999, effective March 20, 1999;
                               4723.B, as amended September 20, 1998,
                                effective September 20, 1998;
                               4723.B.1-2, 4723.b.2.a-c, 4723.C, 4723.D,
                                4725, 4727.A, as amended March 20, 1999,
                                effective March 20, 1999; 4727.A.1-3,
                                4727.A.3.a-b, 4727.A.3.b.i-ii,
                                4727.A.3.c, 4727.A.3.c.i-v,
                                4727.A.3.c.v(a), 4727.A.3.c.vi,
                                4727.A.c.vi.(a)-(b), 4727.A.3.c.vii,
                                4727.A.3.c.vii.(a)-(b), 4727.A.3.c.viii,
                                4727.A.3.d, 4727.A.3.d.i-ii,
                                4727.A.3.d.ii.(a)-(b), 4727.A.3.e,
                                4727.A.4, 4727.A.4.a-d, 4727.B, 4727.B.1-
                                3, 4727.b.3.a-b, 4727.B.3.b.i-iii,
                                4727.B.3.c, 4727.B.3.c-vi,
                                4727.B.c.vi.(a)-(b), 4727.B.3.c.vii,
                                4727.B.3.c.vii(a)-(b), 4727.B.3.c.viii,
                                4727.B.3.d-e, 4727.B.4, 4727.B.4.a-c,
                                4727.B.5, 4727.B.5.a-c, 4727.B.5.c.i-ii,
                                4727.B.5.d, 4727.B.5.d-e, 4727.B.6,
                                4727.B.6.a-b, 4727.B.7, 4727.B.7.a-d,
                                4727.B.8, 4727.a-c, 4723.C, 4723.D,
                                4725, 4727.A, as amended March 20, 1999,
                                effective March 20, 1999;

[[Page 10417]]

 
                               4727.A.1-3, 4727.A.3.a-b, 4727.A.3.b.i-
                                ii, 4727.A.3.c, 4727.A.3.c.i-v,4
                                727.A.3.c.v(a), 4727.A.3.c.vi(b),
                                4727.A.3.c.vii, 4727.A.3.c.vii
                                4727,A,c,vi.(a)-(a)-(b),
                                4727.A.3.c.viii, 4727.A.3.d,
                                4727.A.3.d.i-ii.(a)-(b) -(b),
                                4727.A.3.e, 4727.A.4, 4727.A.4.a-d,
                                4727.B, 4727.B.1-3, 4727.b.3.a-b,
                                4727.B.3.b.i-iii, 4727.B.3.c, 4727.B.3.c-
                                vi, 4727.B.c.vi.(a)-(b), 4727.B.3.c.vii,
                                4727.B.3.c.vii(a)-(b), 4727.B.3.c.viii,
                                4727.B.3.d-e, 4727.B.4, 4727.B.4.a-c,
                                4727.B.5, 4727.B.5.a-c, 4727.B.5.c.i-ii,
                                4727.B.5.d, 4727.B.5.d-e, 4727.B.6,
                                4727.B.6.a-b, 4727.B.7, 4727.B.7.a-d,
                                4727.B.8, 4727.a-c, 4727.B.9, 4727.B.9.a-
                                d, 4727.C, 4727.C.1-3, 4727.C,
                                4727.C.3.a-b, 4727.C.3.b.i-v, 4727.C.4,
                                4727.D, 4727.D.1-5, 4727.D.a-b, 4727.D.6-
                                9, 4727.A.3.d.ii.(a), 4727.B.9.d, 4739,
                                as amended September 20, 1998, effective
                                September 20, 1998; and LAC 33:lll.3003,
                                as amended December 20, 1997, effective
                                December 20, 1997. LAC 33:V.1109.E.7.a
                                is more stringent than 40 CFR
                                262.34(d)(2) because LDEQ does not
                                recognize conditionally exempt small
                                quantity generators. If a person
                                generates greater than 100 kg but less
                                than 1000kg in the State, the generator
                                is equivalent to a large quantity
                                generator and would follow the
                                guidelines for large quantity
                                generators. Additionally, the federal
                                citation lists the accumulation time as
                                180 days or less and the State citation
                                lists the accumulation time as 90 days
                                or less.
8. Kraft Mill Steam Stripper   LRS 30:2180 et seq, as amended June 14,
 Condensate Exclusion, [63 FR   1991, effective June 14, 1991; LHWR Sec.
 24596] May 4, 1998.             105.D.1.o, as amended March 20, 1999;
 (Checklist 164).               effective March 20, 1999.
9. Recycled Used Oil           LRS 30:2180 et seq, as amended June 14,
 Management Standards;          1991, effective June 14, 1991; LHWR
 Technical Correction and       Secs.  3913, as amended October 20,
 Clarification, [63 FR 24963]   1994, effective October 20, 1994, 3915,
 May 6, 1998. (Checklist 166).  as amended August 20, 1998, effective
                                August 20, 1998, 4003.l, 4013.D, 4013.D1-
                                4, 4035.H, 4035.H.1-4, 4049.G, 4049.G.1-
                                4, 4069.G, 4069.G.1-4, 4085.B, 4085.B.1-
                                4, 4105.B-9-11, as amended March 20,
                                1999, effective March 20, 1999. LAC
                                33:V.3913 and LAC.3915 are more
                                stringent than 40 CFR 261.5(j). The
                                State does not recognize the class of
                                generators generating 0-100kg/mth as
                                conditionally exempt small quantity
                                generators. Generators in Louisiana who
                                generates 0-100kg/mth must follow more
                                stringent guidelines such as filing
                                annual reports, for small quantity
                                generators.
10. Land Disposal              LRS 30:2180 et seq, as amended June 14,
 Restrictions Phase IV-         1991, effective June 14, 1991; LHWR
 Treatment Standards for        Secs.  2203. Underlying Hazardous
 Metal Waste and Mineral        Constituent, 2207.D, 2215.A-D, 2215.D.1-
 Processing Wastes, [63 FR      4, 2215.E, 2223.E, 2223.H, Chapter
 28556] May 26, 1998].          22.Table 2 and 7, as amended March 20,
 (Checklist 167A).              1999, effective March 20, 1999.
11. Land Disposal              LRS 30:2180 et seq, as amended June 14,
 Restrictions Phase IV--        1991, effective June 14, 1991; LHWR
 Hazardous Soils Treatment      Secs.  2203.Soil, 2231.G.3, 2231.G.3.a,
 Standards and Exclusions, [    2231.G.a.i-ii, 2231.G.3.b, 2231.G.4-5,
 63 FR 28556] May 26, 1998.     2236.A-C, 2236.C.1, 2236.C.1.a-c,
 (Checklist 167B).              2236.C.2-3, 2236.C.a-b, 2236.D-E,
                                2236.E.1-2, 2236.E.2.a-b, 2245.A-B,
                                2245.B.1, 2245.C, 2245.C.1.b, 2245.D,
                                2245.D.Table, 2245.E-F, 2246.F, 2246.F.1-
                                2, 2247.A.1-2, 2247.C.1.a, as amended
                                March 20, 1999; effective March 20.
                                1999.
12. Land Disposal              LRS 30:2180 et seq, as amended June 14,
 Restrictions Phase IV--        1991, effective June 14, 1991; LHWR
 Corrections, [63 FR 28556]     Secs.  2223.E, 2227.A, 2227.A.1-3,
 May 26, 1998. (Checklist       2230.A, 2230.D.3-4, 2237.A.2c,
 167C).                         2237.A.2.b.i-ii, 2245.G,
                                2245.D.Generators. Paperwork
                                Requirements Table, 2247.B, 2247.C.4,
                                2247.C.5, 2247.D-E, Chapter 22 Table 2
                                and 7, as amended March 20, 1999;
                                effective March 20, 1999. There is no
                                State equivalent to 40 CFR 268 Appendix
                                VII. The tables located in Appendices
                                VII and VIII reflect dates for
                                regulations promulgated for the federal
                                rules. The promulgation dates for the
                                State equivalent are different and
                                contained within the text of LAC
                                33:V.Chapter 22 for the rules and are
                                also in the historical note of the
                                regulations for the State.
13. Mineral Processing         LRS 30:2180 et seq, as amended June 14,
 Secondary Materials            1991, effective June 14, 1991; LHWR
 Exclusion, [63 FR 28556] May   Secs.  105.D.1.p, 105.D.p.i-
 26, 1998. (Checklist 167D).    iv,105.D.1.p.iv.(a)-(d), 105.D.p.vi,
                                109.Solid Waste.3.c, 109 Solid
                                Waste.5.a.iii, 109.Solid Waste.Table.1,
                                as amended March 20, 1999; effective
                                March 20, 1999.
14. Bevill Exclusion           LRS 30:2180 et seq, as amended June 14,
 Revisions and Clarification,   1991, effective June 14, 1991; LHWR
 [63 FR 28556] May 1998.        Secs.  105D.2.h, 105.D.h.i-ii,
 (Checklist 167E).              105.D.2.h.ii.(a)-(t), 105.D.2.h.iii,
                                105.D.2.h.iii.(a)-(b), 109.Hazardous
                                Waste.2.a, and 109.Hazardous Waste.2.c,
                                as amended March 20, 1999; effective
                                March 20, 1999.
15. Exclusion of Recycled      LRS 30:2180 et seq, as amended June 14,
 Wood Preserving Wastewaters,   1991, effective June 14, 1991; LHWR
 [63 FR 28556] May 26, 1999.    Secs.  105.D.1.i.iii, 105.D.1.i.iii(a)-
 (Checklist 167F).              (e), as amended March 20, 1999;
                                effective March 20, 1999.
16. Hazardous Waste            LRS 30:2180 et seq, as amended June 14,
 Combustors Revised             1991, effective June 14, 1991; LHWR
 Standards, [63 FR 33782]       Secs.  105.D.1.p.vi, 4909, 4909.A-A.2,
 June 19, 1998. (Checklist      4909-B.B.5, chapter 49 Table 7,4909C,
 168).                          4909.C.1, 4909.c.1.a, 4909C.1.a.i-iii,
                                4909.C.a.iii.(a)-(d), 4909.C.1.b,
                                4909.C.1.b.i-v, 4909.C.2, 4909.C.2.a-b,
                                4909.C.2.b.i-ii, 4909.C.2.c, 4909.C.3,
                                4909.C.3.a-c, 4909.C.4, 4909.C.4.a,
                                4909.C.4.a.i-iii, 4909.C.4.b, 4909.C.5,
                                4909.C.5.a, 4909.C.5.a.i-iii,
                                4909.C.5.b, 4909.C.6-7, 4909.c.7.a.i-v,
                                4909.C.7.b, 4909.C.7.b.i-viii,
                                4909.C.7.c, 4909.C.8, 4909.C.10.a.i-iii,
                                4909.C.10.b-h, 4909.C.10.h.a,
                                4909.C.10.h.a.i-viii, 4909.C.8.a,
                                4909.C.8.a.i.iv, 4909.C.8.b-c,
                                4909.C.8.c.i-ii, 4909.C.8.d-f, 4909C.8.g-
                                h, 4909.C.8.h.i, 4909.C.h.ii,
                                4909.C.8.i, 4909.C.9-10, 4909.C.10.a,
                                4909.C.10.i.a, 4909.a.i-v, 4909.c.11,
                                4909.C.12.a, 4909.C.12.a.i-iii,
                                4909.C.13, 321.C.10, 321.C.10.a-b,
                                322.I.9, 4303.B.8, as amended March 20,
                                1999; effective March 20, 1999.
------------------------------------------------------------------------


[[Page 10418]]

E. What Decisions has EPA Made?

    We conclude that Louisiana's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, 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 (except in Indian Country) and 
for carrying out the aspects of the RCRA program described in its 
revised program application, subject to the limitations of Hazardous 
and Solid Waste Amendments of 1984 (HSWA). New federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Louisiana, including issuing permits, 
until the State is granted authorization to do so.

F. 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.3913 and LAC 33:V.3915 are more 
stringent than 40 CFR part 261.5(j). The State does not recognize the 
class of generators generating 0-100kg/per month as ``conditionally 
exempt small quantity generators.'' Generators in Louisiana who 
generates 0-100kg/mth must follow more stringent guidelines for small 
quantity generators. The State cited different promulgation dates for 
40 CFR 268 Appendices VII and VIII. The tables in Appendices VII and 
VIII reflect dates for regulations promulgated for the federal rules. 
The promulgation dates for the state equivalent are different and 
contained within the text of LAC 33:V.Chapter 22 for the rules and are 
also in the historical note of the regulations for the State. In this 
authorization for the State of Louisiana's program revisions for RCRA 
cluster VIII and waste minimization, there are no provisions that are 
broader in scope. Broader in scope requirements are not part of the 
authorized program and EPA can not enforce them.

G. Who Handles Permits After this Authorization Takes Effect?

    The EPA will administer any RCRA permits or portions of permits it 
has issued to facilities in the State until the State becomes 
authorized. At the time the State program is authorized for new rules, 
EPA will transfer all permits or portions of permits issued by EPA to 
the State. The EPA will not issue any more permits or portions of 
permits for the provisions listed in this document after the effective 
date of this authorization. The EPA will continue to implement and 
issue permits for HSWA requirements for which the State is not yet 
authorized.

H. Why wasn't there a Proposed Rule Before Today's Notice?

    The 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. The EPA is providing an 
opportunity for public comment now. In addition, 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 opposing this authorization, that document will serve as a 
proposal to authorize the changes.

I. 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-00-1. We must receive your comments by March 29, 2000. 
You may not have an opportunity to comment again. If you want to 
comment on this action, you must do so at this time.

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

    If EPA receives comments opposing this authorization, we will 
publish a second Federal Register document before the immediate final 
rule takes effect. The second document 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.

K. When Will This Approval Take Effect?

    Unless EPA receives comments opposing this action, this final 
authorization approval will become effective without further notice on 
April 28, 2000.

L. 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) 765-0397 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.

M. How 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.

N. 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 Code of Federal Regulations part 272. The EPA 
reserves the amendment of 40 CFR part 272, subpart T for this 
codification 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 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.

[[Page 10419]]

    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 No. 104-113, Sec. 12(d) (15 U.S.C. 272 
note) directs 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 EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
action does not involve technical standards. Therefore, 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 (P.L.) 104-4, establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments and the private sector.
    Under section 202 of the UMRA, the EPA must prepare a written 
statement, including a cost-benefit analysis, for proposed and final 
rules with Federal mandates 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. Before promulgating 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires EPA to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective or least burdensome alternative that achieves the 
objective of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that sections 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 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 because 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 Treatment, Storage, Disposal, Facilities, they are 
already subject to the regulatory requirements under the existing State 
laws that are being authorized by 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 (RFA), as Amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), 5 U.S.C. 601 et. seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) a small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate Treatment, Storage, Disposal, Facilities are already 
subject to the regulatory requirements under the State laws which EPA 
is now authorizing. This action merely authorizes for the purpose of 
RCRA 3006 those existing State requirements.

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, EPA may not issue a 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

[[Page 10420]]

compliance costs incurred by those governments. If EPA complies with 
consulting, E. O. 12875 requires EPA to provide to the OMB 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 communication from the governments and 
a statement supporting the need to issue the regulations. In addition, 
E. O. 12875 requires 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. The State administers its hazardous waste program 
voluntarily, and any duties on other State, local or tribal 
governmental entities arise from that program, not from this action. 
Accordingly, the requirement of E. O. 12875 do not apply to this rule.

Executive Order 13084--Consultation and Coordination With Indian Tribal 
Governments

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
cost incurred by the tribal governments. If, EPA complies with 
consulting, E. O. 13084 requires EPA to provide to OMB, in a separately 
identified section of the preamble to the rule, a description of the 
extent of 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 EPA to develop an effective process permitting 
elected officials 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 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 EPA implements in the Indian country 
within the State.

Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications''. 
``Policies that have federalism implications'' is defined in the E. O. 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.''
    Under section 6 of E.O. 13132, EPA may not issue a regulation that 
has federalism implications, that impose substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. The EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This action does not have federalism implication. It will not have 
a substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in E.O. 13132, because it affects only one State. This action simply 
approves Louisiana's proposal to be authorized for updated requirements 
of the hazardous waste program that the State has voluntarily chosen to 
operate. Further, as result of this action, those newly authorized 
provisions of the State's program now apply in the State of Louisiana 
in lieu of the equivalent Federal program provisions implemented by EPA 
under HSWA. Affected parties are subject only to those authorized State 
provisions, as opposed to being subject to both Federal and State 
regulatory requirements. Thus, the requirements of section 6 of the 
E.O. do not apply.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This notice is issued under the authority of sections 
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: February 9, 2000.
Jerry Clifford,
Acting, Regional Administrator, Region 6.
[FR Doc. 00-4648 Filed 2-25-00; 8:45 am]
BILLING CODE 6560-50-P