[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Rules and Regulations]
[Pages 68526-68531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30511]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7597-5]


Louisiana: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: The State of Louisiana has applied for final authorization of 
revisions to its Hazardous Waste Program under the Resource 
Conservation and Recovery Act (RCRA), Clusters X, XI and XII which 
contain Federal rules promulgated from July 1, 1999, to June 30, 2002. 
The EPA has determined that these revisions satisfy the requirements 
needed to qualify for final authorization, and is authorizing the 
State's revisions through this immediate final action. The EPA is 
publishing this rule to authorize the revisions without a prior 
proposal because we believe this action is not controversial and do not 
expect adverse comments. We note that a petition to withdraw the State 
of Louisiana's authorization to operate its RCRA program dated March 
13, 2002 has been filed by Concerned Citizens of New Sarpy and 
Louisiana Bucket Brigade. Currently, we are in the final stages of 
review of the allegations contained in the petition. As such, the 
Region is not yet in a position to determine the outcome of the 
petition at this time. EPA is continuing to review the Petition and 
will take whatever action is deemed necessary as a result of its 
investigation of the allegations contained in the petition. The 
approval of this revision to the State's authorized program is a 
completely separate and unrelated action to EPA's review of the 
petition. Under RCRA Section 3006(b), 42 U.S.C. 6926(b), States 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. Since there were modifications made 
to the federal program, the changes to Louisiana's RCRA program are 
necessary. In most circumstances, the Federal Rules require the 
authorized State's program be revised within one year of the Federal 
modification. Therefore, EPA does not believe that action on this 
revision to Louisiana's program should be delayed.
    Unless we get adverse comments which oppose this authorization 
during the comment period, the decision to authorize the State of 
Louisiana Department of Environmental Quality (LDEQ) revisions to their 
hazardous waste program will take effect. If adverse comments are 
received, the EPA will publish a document in the Federal Register (FR) 
either: A withdrawal of the immediate final decisions (and the proposed 
rule published elsewhere in this issue of the Federal Register will 
serve as a proposal to authorize the changes), or a document containing 
a response to comments and which either affirms that the immediate 
final decision takes effect or reverses the decision.

DATES: This immediate final rule is effective February 9, 2004 unless 
EPA receives adverse written comments by January 8, 2004. Should EPA 
receive such comments, it will publish a timely document either: 
Withdrawing the immediate final publication or affirming the 
publication and responding to comments.

ADDRESSES: Written comments, referring to Docket Number LA-01-03 should 
be sent to Alima Patterson, Region 6, Regional Authorization 
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia 
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733. You may submit your comments electronically 
to [email protected]. 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, 602 N. Fifth Street, Baton Rouge, Louisiana 
70884-2178, (225) 219-3559 and EPA, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733, phone number (214) 665-8533.

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

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States that receive 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

[[Page 68527]]

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 after 
notice to, and consultation with the State. 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. Since the Base Program authorization, the following 
are publication dates for the State of Louisiana's program revisions: 
November 28, 1989 (54 FR 48889) effective January 29, 1990; 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) effective 
April 11, 1995. We authorized the following additional revisions: 
October 17, 1995 (60 FR 53704) effective January 2, 1996; March 28, 
1996 (61 FR 13777) effective June 11, 1996; December 29, 1997 (62 FR 
67572) effective March 16, 1998; October 23, 1998 (63 FR 56830) 
effective December 22, 1998; August 25, 1999 (64 FR 46302) effective 
October 25, 1999 ; September 2, 1999 (64 FR 48099) effective November 
1, 1999; February 28, 2000 (65 FR 10411) effective April 28, 2000 and 
January 2, 2001 (66 FR 23) effective March 5, 2001. On October 23, 
2001, April 4, 2003, and June 9, 2003, Louisiana applied for approval 
of its program revisions for RCRA Clusters X, XI and XII. In this 
application, Louisiana is seeking approval of RCRA Clusters X, XI and 
XII in accordance with 40 CFR 271.21(b)(3).
    Since 1979, the State of Louisiana, through the Louisiana 
Department of Natural Resources, has conducted a program designed to 
regulate those who generate, transport, treat, store, dispose of or 
recycle hazardous waste. During the 1983 Regular Session of the 
Louisiana Legislature, Act 97, the Environmental Affairs Act, was 
adopted. This Act amended and reenacted Louisiana Revised Statutes 
(LRS) 30:1051 et seq. and also created the Louisiana Department of 
Environmental Quality (LDEQ). During the 1999 Regular Session of 
Louisiana Legislature, Act 303 revised the LRS 30:2011 et seq., 
allowing LDEQ to re-engineer itself to perform more efficiently and to 
meet its strategic goals.
    Act 97 transferred the duties and previously delegated 
responsibilities of the Department of Natural Resources, Office of 
Environmental Affairs, to LDEQ. The LDEQ and the Department of Natural 
Resources, Office of Conservation, has a memorandum of understanding 
that outlines the protocol for activities associated with the 
exploration, development, or production of oil, gas, or geothermal 
resources. The LDEQ has lead agency jurisdictional authority for 
administering the RCRA Subtitle C program in Louisiana. The LDEQ is 
designated to facilitate communication between the 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 adopted the 
Federal regulations for Cluster X , XI and XII promulgated from July 1, 
1999 through June 30, 2002, and the State's regulations which became 
effective May 20, 1997, June 20, 1998, September 20, 1998, March 20, 
1999, August 20, 1999, March 20, 2001, April 20, 2001, July 20, 2001, 
and March 20, 2003.

State Initiated Changes

    The State has made amendments to the provisions listed in the table 
which follows. These amendments correct typographical and/or printing 
errors, clarify and make the State's regulations more internally 
consistent. The State's laws and regulations, as amended by these 
provisions, provide authority which remains equivalent to and no less 
stringent than the Federal laws and regulations. These State initiated 
changes are submitted under the requirements of 40 CFR 271.21(a).

                                                                  Manifest Rule Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
          State citation                 Federal citation               Result of re-promulgated rule  (amended/effective date January 20, 2001)
--------------------------------------------------------------------------------------------------------------------------------------------------------
903...............................  n/a                         repealed.
905.A.4...........................  264.71(a)                   from more stringent to equivalent.
905.A.5...........................  264.71(a)(5)                from more stringent to equivalent.
905.D.............................  264.71(d)                   changed the offices to reflect the re-engineered offices.
907.B.............................  264.72(b)                   from more stringent to equivalent.
913...............................  n/a                         repealed.
915...............................  n/a                         repealed.
917...............................  n/a                         repealed.
919...............................  n/a                         repealed.
1107.A.8..........................  n/a                         reserved.
1107.C............................  262.22                      copies of manifest will no longer be sent to the State.
111.C.1...........................  n/a                         Reserved .
Chapter 11. Appendix A............  ..........................  Appendix to Part 262 equivalent.
1309.F............................  n/a                         deleted.

[[Page 68528]]

 
1309.G............................  n/a                         deleted.
--------------------------------------------------------------------------------------------------------------------------------------------------------

D. What Changes Are We Authorizing 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 
Clusters X, XI and XII rules. Louisiana requirements are included in a 
chart with this document. The EPA is now making a final decision, 
subject to receipt of written adverse comments that oppose this action, 
that Louisiana's hazardous waste program revision satisfies the 
requirements necessary to qualify for final authorization. Therefore, 
we grant Louisiana final authorization for the following program 
revisions:

----------------------------------------------------------------------------------------------------------------
                          Federal citation                                           State analog
----------------------------------------------------------------------------------------------------------------
1. Clarification of Standards for Hazardous Waste LDR Treatment       Louisiana Revised States (LRS) 30: Section
 Variances, [62 FR 64504] December 5, 1997. (Checklist 162).           2180 et seq., as amended May 7, 1996,
                                                                       effective May 7, 1996; Louisiana
                                                                       Hazardous Waste Regulations (LHWR)
                                                                       Sections 2231.C, 2231.D and 2231.G, as
                                                                       amended July 20, 2001, effective July 20,
                                                                       2001.
2. Land Disposal Restrictions Phase IV--Final Rule Promulgating       LRS:30:2180 et seq., as amended May 7,
 Treatment Standard for Metal Wastes and Mineral Processing Wastes;    1996, effective May 7, 1996; LHWR
 Mineral Processing Secondary Material and Bevill Exclusion Issues;    Sections 1109.E.1.e, 2223.J, 2236.C.1.a-
 Treatment Standards for Hazardous Soils, and Exclusion of Recycled    b, 2245.C.3, Chapter 22. Table 2, and
 Wood Preserving Wastewaters, [63 FR 28556] May 26, 1998. (Checklist   Chapter 49. Table 2, as amended March 20,
 167 B).                                                               2001, effective March 20, 2001; 2223.J,
                                                                       as amended March 20, 1999, effective
                                                                       March 20, 1999; 2231.C-D and 221.G, as
                                                                       amended July 20, 2001, effective July 20,
                                                                       2001.
3. Hazardous Waste Management System; Modification of the Hazardous   LRS:30:2180 et seq., as amended May 7,
 Waste Program; Hazardous Waste Lamps, [64 FR 36466] July 6, 1999.     1996, effective May 7, 1996; LHWR
 (Checklist 181).                                                      Sections 105.D.7, 105.D.7.c-d, 305.C.11.b-
                                                                       d, 1501.C.11.b-d, 2201.1.I.5.b-d, 3801.A
                                                                       as amended September 20, 1998, effective
                                                                       September 20, 1998; 3801.B, as amended
                                                                       June 20, 1998, effective June 20, 1998;
                                                                       3801.C-D, as amended April 20, 2001,
                                                                       effective April 20, 2001; 3803.A.1,
                                                                       3803.B.2, 3803.B.3, 3805.A, 3807.A, as
                                                                       amended May 20, 1997, effective May 20,
                                                                       1997; 3809.A, as amended June 20, 1998,
                                                                       effective June 20, 1998, 3809.B, as
                                                                       amended September 20, 1998, effective
                                                                       September 20, 1998, 3809.B.1-2, as
                                                                       amended March 20, 2001, 3809.C, as
                                                                       amended September 20, 198, effective
                                                                       September 20, 1998; 3809.C.1, as amended
                                                                       March 2001, effective March 20, 2001;
                                                                       3809.C.2, as amended September 20, 1998,
                                                                       effective September 20, 1998;
                                                                       3813.Definition--Lamps, as amended March
                                                                       20, 2001, effective March 20, 2001;
                                                                       3813.Definition--Large Quantity Handler
                                                                       of Universal Waste, as amended September
                                                                       20, 1998, effective September 20, 1998
                                                                       and 3813.Definition of small Quantity
                                                                       Handler; May 20, 1997, effective May 20,
                                                                       1997; 3821.D, 3821.D.1, 3821.D.2,
                                                                       3823.A.5, 3837, as amended March 20,
                                                                       2001, effective March 20, 2001;
                                                                       3813.Definitions--Universal Waste, as
                                                                       amended September 20, 1998, effective
                                                                       September 20, 1998; 3815.B, as amended
                                                                       May 20, 1997, effective May 20, 1997;
                                                                       3821.D, 3821.D.1-2, and 3823.A.5, as
                                                                       amended March 20, 2001, effective March
                                                                       20, 2001; 3837, as amended May 20, 1997,
                                                                       effective May 20, 1997, 3841.B.4,
                                                                       3841.B.5, as amended September 20, 1998,
                                                                       effective September 20, 1998; 3843.D,
                                                                       3843.D.1-2, 3845.A.5, as amended March
                                                                       20, 2001, effective March 20, 2001; 3859,
                                                                       3873.A, as amended May 20, 1997,
                                                                       effective May 20, 1997; 3883.A.1, as
                                                                       amended February 20, 1998, effective
                                                                       February 20, 1998; 4301.C.13.b-c, as
                                                                       amended March 20, 1999, effective March
                                                                       20, 1999; and 4301.C.13.d, as amended
                                                                       August 20, 1999, effective August 20,
                                                                       1999.
4. NESHAPS: Final Standards for Hazardous Air Pollutants for          LRS:30:2180 et seq., as amended May 7,
 Hazardous Waste Combusters, [64 FR 52828; 64 FR 63209] September      1996, effective May 7, 1996; LHWR
 30, 1999; and November 19, 1999. (Checklist 182).                     Sections 109 Definitions--Dioxins and
                                                                       furans (D/F), 109 Definitions--TEQ,
                                                                       332.B.8, 322.L.9, 529.Intro, 529.F,
                                                                       525.G, 537.D, 3001.B, 3001.B.1-2,
                                                                       3001.B.2.a-d, 3001.C-D, 3001.D.1,
                                                                       3001.D.1.a-D.2-3, 3001.D.3.a-D,3.b,
                                                                       3001.E-G, 3001.H, 3003.C, 3003.C.1,
                                                                       3011.C, 3011.C.1-3, 3011.D, 3025.B.1,
                                                                       3025.B.2.a, 3025.B.2.a.Note, Chapter 30
                                                                       Appendix H, 3105.B, 3105.B.1-2, 3105.C-E,
                                                                       3115.E, 3203.Intro, 4513.B, 4513.B.1,
                                                                       4513.B.2, 4513.C, and Chapter 49.Table 7,
                                                                       as amended March 20, 2001, effective
                                                                       March 20, 2001.
5. Land Disposal Restrictions Phase IV: Final Rule Promulgating       LRS:30:2180 et seq., as amended May 7,
 Treatment Standards for Metal Wastes and Mineral Processing Wastes;   1996, effective May 7, 1996; LHWR
 Mineral Processing Secondary Materials and Bevill Exclusion Issues;   Sections 1109.E.1.e, 2214, as amended
 Treatment Standards for Hazardous Soils, and Exclusion of Recycled    March 20, 2001, effective March 20, 2001;
 Wood Preserving Wastewaters, [64 FR 56469] October 20, 1999.          2223.J, as amended March 20, 1999,
 (Checklist 183).                                                      effective March 20, 1999; 2236.C.1.a-b,
                                                                       2245.C.3, Chapter 22 Table 2, Chapter
                                                                       22.Table 7, Chapter 31.Table 1, Chapter
                                                                       49.Table 4, Chapter 49.Table 6 and
                                                                       Chapter 49.Table 2, as amended March 20,
                                                                       2001, effective March 20, 2001.
6. Waste Water Treatment Sludges From the Metal Finishing Industry;   LRS 30:2180 et seq., as amended May 7,
 180-day Accumulation Time, [65 FR 12378] March 8, 2000. (Checklist    1996, effective May 7, 1996; LHWR
 184).                                                                 Sections 1109.E.1.e, as amended March 20,
                                                                       2001, effective March 20, 2001,
                                                                       1109.E.10, 1109.E.10.a-d,
                                                                       1109.E.10.d.i(a)-(c),
                                                                       1109.E.10.d.i(c).(i) and (ii),
                                                                       1109.E.10.d.ii-v, 1109.E.11 and
                                                                       1109.E.12, as amended July 20, 2001,
                                                                       effective July 20, 2001.

[[Page 68529]]

 
7. Organobromine Production Wastes; Identification and Listing of     LRS:30.2180 et seq., as amended May 7,
 Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA        1996, effective May 7, 1996; LHWR
 Hazardous Substances, Reportable Quantities; Final Rule, [65 FR       Sections 1109.E.1.e, as amended March 20,
 14472] March 17, 2000. (Checklist 185).                               2001, effective March 20, 2001; 2223.J,
                                                                       as amended March 20, 1999, effective
                                                                       March 20, 1999; 2236.C.1.a-b, 2245.C.3,
                                                                       Chapter 22 Table 2, Chapter 49.Table 2,
                                                                       2214, Chapter 22.Table 2, Chapter
                                                                       22.Table 7, Chapter 31.Table 1, Chapter
                                                                       49.Table 2, Chapter 49.Table 4, and
                                                                       Chapter 49.Table 6, as amended March 20,
                                                                       2001, effective March 20, 2001.
8. Organobromines Production Wastes; Petroleum Refining Wastes;       LRS:30.:2180 et seq., as amended May 7,
 Identification and Listing of Hazardous Waste; Land Disposal          1996, effective May 7, 1996; LHWR Section
 Restrictions, Final Rule and Correcting Amendments, [64 FR 36365]     Chapter 49.Table 1, as amended March 20,
 June 8, 2000. (Checklist 187).                                        1999, effective March 20, 1999.
9. NESHAPS: Final Standards for Hazardous Air Pollutants for          LRS:30.:2180 et seq., as amended through
 Hazardous Waste Combustor, [65 FR 42292] July 10, 2000. (Checklist    2001 Regular Legislative Session;
 188).                                                                 Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 4909.D.2.d, 3105.B.1,
                                                                       3105.B.3, 321.C.10.a, as amended March
                                                                       20, 2003, effective March 20, 2003.
10. NESHAPS: Second Technical Correction Vacatur, [66 FR 27270] May   LRS:30.:2180 et seq., as amended through
 14, 2001. (Checklist 188.1).                                          2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 4909.D.2.d, 3105.B.1,
                                                                       3105.B.3, 321.C.10.a as amended March 20,
                                                                       2003, effective March 20, 2003.
11. NESHAPS; Final Standards for Hazardous Air Pollutants for         LRS:30.:2180 et seq., as amended through
 Hazardous Waste Combustor: Direct Final Rule [66 FR 35087] July 3,    2001 Regular Legislative Session;
 2001. (Checklist 188.2).                                              Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 4909.D.2.d, 3105.B.1,
                                                                       3105.B.3, 321.C.10.a as amended March 20,
                                                                       2003, effective March 20, 2003.
12. Chlorinated Aliphatics Listing and LDRs for Newly Identified      LRS:30:2180 et seq., as amended through
 Wastes, [65 FR 67068] November 8, 2000. (Checklist 189).              2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 4901.C Table 2, 4901.G
                                                                       Table 6, 3105 Table 1, Sections 2213.A-B,
                                                                       2213.B.1-5, 2213.C-D, 2213.D.1, Chapter
                                                                       22 Table 2, and Chapter 22 Table 7, as
                                                                       amended March 20, 2003, effective March
                                                                       20, 2003.
13. Land Disposal Restrictions Phase IV--Deferral for PCBs in Soil,   LRS:30:2180 et seq., as amended through
 [65 FR 8137] December 26, 2000. (Checklist 190).                      2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 2215.A-B, 2215.B.1-4,
                                                                       Chapter 22 Table 7, 2236.D, and 2215
                                                                       Appendix Table 9 as amended March 20,
                                                                       2003, effective March 20, 2003.
14. Mixed Waste Rule, [66 FR 27218] May 16, 2001. (Checklist 191)...  LRS:30:2180 et seq., as amended through
                                                                       2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 4201, 109, 4203, 4205,
                                                                       4207.A-B, 4207.B.1-5, 4209, 4211.A,
                                                                       4211.A.1, 4211.A.1.a-c, 4211.A.2, 4211.B,
                                                                       4213.A, 4213.A.1-2, 4213.A.1-4, 4213.B,
                                                                       4215.A, 4215.A.1-4, 4215.B, 4217.A-B,
                                                                       4219.A, 4221.A, 4223.A, 4223.A.1,
                                                                       4223.A.2, 4225.A-4, 4227, 4229.A, 4231.A,
                                                                       4231.A.1-4, 4233.A, 4235.A, 4235.A.1-3,
                                                                       4235.A.3, 4237.A, 4237.B, 4237.B.1-7,
                                                                       4239.A, 4239.A.1-5, 4241.A.1, 4241.A.1.a-
                                                                       c, 4241.A.2, 4241.B. 4243.A, 4243.A.2,
                                                                       4243.A.2.a-d, and 4243.B-C, as amended
                                                                       March 20, 2003, effective March 20, 2003.
15. Mixture and Derived-From Rules Revisions, [66 FR 27266] May       LRS:30:2180 et seq., as amended through
 16,2001. (Checklist 192 A).                                           2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 109.Hazardous Waste.2.c,
                                                                       109.HW.4.f, and 109 Hazardous Waste.4.g,
                                                                       as amended March 20, 2003, effective
                                                                       March 20, 2003.
16. Land Disposal Restrictions Correction, [66 FR 27266] May 16,      LRS:30:2180 et seq., as amended through
 2001. (Checklist 192 B).                                              2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Section Chapter 22 Table 11, as
                                                                       amended March 20, 2003, effective March
                                                                       20, 2003.
17. Change of Official EPA Mailing Address, [66 FR 34374] June 28,    LRS:30:2180 et seq., as amended through
 2001. (Checklist 193).                                                2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Section 110.A.11, as amended March
                                                                       20, 2003, effective March 20, 2003.
18. Mixture and Derived-From Rules Revision II, [66 FR 50334]         LRS:30:2180 et seq., as amended through
 October 3, 2001. (Checklist 194).                                     2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 109 Hazardous Waste.2.c-
                                                                       vii and 109 Hazardous Waste.4.f, as
                                                                       amended March 20, 2003, effective March
                                                                       20, 2003.
19. Inorganic Chemical Manufacturing Waste Identification and         LRS:30:2180 et seq., as amended through
 Listing, [66 FR 58258]; [67 FR 17119] November 20, 2001; April 9,     2001 Regular Legislative Session;
 2002. (Checklist 195).                                                Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 105.D.2.p, 105.D.2.p.i,
                                                                       105.D.2.p.ii-v, 4901.C.Table 2,
                                                                       4901.G.Table 6, 2219.A, 2219.B, 2219.B.1-
                                                                       5, 2219.C, and 22 Table 2, as amended
                                                                       March 20, 2003, effective March 20, 2003.
20. Corrective Action Management Units (CAMU), [67 FR 2962) January   LRS:30:2180 et seq., as amended through
 22, 2002. (Checklist 196).                                            2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 109, 2601.A&B, 2602,
                                                                       2602.A, 2603.A, 2603.A.1, 2603.A.1.b,
                                                                       2603.A.1.b.i-ii, 2603.A.1.b-c, 2603.A.3,
                                                                       2603.A.3.a-d, 2603.A.4-5, 2603.B,
                                                                       2603.b.1, 2603.B.2, 2603.B.326.3.C,
                                                                       2603.C.2, 2603.C.4-7, 2603.D. 2603.D.1-3,
                                                                       2603.E, 2603.E.1-3, 2603.E.3.b,
                                                                       2603.E.3.b.i-ii, 2603.E.4, 2603.E.4.a,
                                                                       2603.E.4.a.i, 2603.E.4.a.i(a)-(b),
                                                                       2603.E.4.a.ii-iii, 2603.E.4.b, 2603.E.4.c-
                                                                       d, 2603.E.4.d.i-ii, 2603.E.4.d.iii-vi,
                                                                       2603.E.4.e, 2603.E.4.e.i-v,
                                                                       2603.E.4.e.v(a)-(g), 2603.E.5, 2603.E.5.a-
                                                                       c, 2603.E.6, 2603.E.6, 2603.E.6.a,
                                                                       2603.E.6.a.i-ii, 2603.E.b, 2603.E.6.b.i-
                                                                       ii, 2603.E.6.c, 2603.E.6.c.i-vi,
                                                                       2603.E.6.d, 2603.E.6.d.i, 2603.E.6.i.(a)-
                                                                       (e), 2603.E.6.d.ii, 2603.E.6.e, 2603.F,
                                                                       2603.F.1-2, 2603.F.2.a-b, 2603.G-K,
                                                                       2605.A, 2607.A, 2607.A,12607.A.2,
                                                                       2607.A.2.a-c, 2607.A.3, 2607.B-E,
                                                                       2607.E.1-6, 2607.F and 2607.G, as amended
                                                                       March 20, 2003, effective March 20, 2003.

[[Page 68530]]

 
21. Hazardous Air Pollutant Standards for Combustors; Interim         LRS:30:2180 et seq., as amended through
 Standards, [67 FR 6792] February 1, 2002. (Checklist 197).            2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 3105.B.1, 3105.B.4,
                                                                       3105.B.4.a-b, 4513.B.1, 4513.B.3,
                                                                       3001B.2.a-d, 529.F, 535.G, 3115.E, 537.D,
                                                                       2001.A, 2001.A.1, 2001.A.1.a,
                                                                       2001.A.1.a.i-ii, 2001.A.1.b, 2001A.1.b.i.
                                                                       2001.A.1.b.i(a)-(b), 2001.A1.b.ii,
                                                                       2001.A.1.b.ii(a), 2001.A.1.b.ii(b),
                                                                       2001.A.1.c, 2001.A.1.c.i-ii, 2001.A.2,
                                                                       2001.A.2.a, 2001.A.2.a.i-ii, 2001.A.2.b.
                                                                       2001.A.2.b.i(a), 2001.A.2.b.i.(b),
                                                                       2001.A.2.b.ii, 2001.A.2.b.ii(a),
                                                                       2001.A.2.b.ii(b), 2001.A.2.c,
                                                                       2001.A.2.c.i-ii, 2001.B, 2001.B.1,
                                                                       2001.B.1.a-b, and 2001.B.2, as amended
                                                                       March 20, 2003, effective March 20, 2003.
22. Hazardous Air Pollutant Standards for Combusters; Corrections,    LRS:30:2180 et seq., as amended through
 [67 FR 6968] February 14, 2002. (Checklist 198).                      2001 Regular Legislative Session;
                                                                       Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 3001.A, 3001.B.1,
                                                                       3001.D.1.a.ii, 3001.D.2.a-b, 3001.D.3,
                                                                       3001.D.3.a, 3001.D.3.a.iv, and
                                                                       321.C.10.a, as amended March 20, 2003,
                                                                       effective March 20, 2003.
23. Vacatur of Mineral Processing Spent Materials Being Reclaimed as  LRS:30:2180 et seq., as amended through
 Solid Wastes and TCLP Use with MGP Waste, [67 FR 11251] March 13,     2001 Regular Legislative Session;
 2002. (Checklist 199).                                                Louisiana Hazardous Waste Regulations
                                                                       (LHWR) Sections 109 Solid Waste.3.c,
                                                                       105.D.1.p, 105.D.1.p.i-iv,
                                                                       105.D.1.p.iv(a)-(c)(iv), 105.D.1.p.v-vi,
                                                                       and 4903.E.1, as amended March 20, 2003,
                                                                       effective March 20, 2003.
----------------------------------------------------------------------------------------------------------------

E. What Decision Has EPA Made?

    We conclude that Louisiana's application to revise its authorized 
program meets the statutory and regulatory requirements established by 
RCRA. Therefore, we grant Louisiana final authorization to incorporate 
the changes described in the authorization application into its 
hazardous waste program. Louisiana has responsibility 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?

    In this authorization of the State of Louisiana's program revisions 
for RCRA Clusters X, XI and XII, there are no provisions that are more 
stringent or broader in scope. The State's regulations are equivalent 
and consistent with the Federal regulations.

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, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. You may submit 
comments electronically to [email protected]. Please refer to 
Docket Number LA-01-03. We must receive your comments by January 8, 
2004. 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 action, we will publish a 
second Federal Register document before the immediate final rule takes 
effect. The second document may withdraw the immediate final rule 
before it takes effect and a separate document in the proposed rules 
section of this Federal Register will serve as a proposal to authorize 
the changes or the document may identify the issues raised, respond to 
comments, and affirm that the immediate final rule will take effect 
February 9, 2004.

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 
February 9, 2004.

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, 602 N. Fifth Street, 
Baton Rouge, Louisiana 70884-2178, (225) 219-3559 and EPA, Region 6, 
1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further 
information contact Alima Patterson, Region 6 Regional Authorization 
Coordinator, State/Tribal Oversight Section (6PD-O), 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

[[Page 68531]]

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 Code of Federal Regulations. 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.

Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). This action will not 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, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 ) May 22, 2001 because it is not a significant 
regulatory action under Executive Order 12866. Under RCRA section 
3006(b), EPA grants a State's application for authorization as long as 
the State meets the criteria required by RCRA. It would thus be 
inconsistent with applicable law for EPA, when it reviews a State 
authorization application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings issued under the Executive Order.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). 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. EPA will submit a report containing this 
document 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 in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). This action will be 
effective on February 9, 2004.

List of Subjects in 40 CFR Part 271

    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: November 25, 2003.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 03-30511 Filed 12-8-03; 8:45 am]
BILLING CODE 6560-50-P