[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Rules and Regulations]
[Pages 33852-33856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7922-8]


Louisiana: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Louisiana has applied to the EPA for final authorization of 
the changes to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The EPA has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization, and is authorizing the State's changes through this 
immediate final action. The EPA is publishing this rule to authorize 
the changes without a prior proposal because we believe this action is 
not controversial and do not expect comments that oppose it. Unless we 
receive written comments which oppose this authorization during the 
comment period, the decision to authorize Louisiana's changes to its 
hazardous waste program will take effect. If we receive comments that 
oppose this action, we will publish a document in the Federal Register 
withdrawing this rule before it takes effect, and a separate document 
in the proposed rules section of this Federal

[[Page 33853]]

Register will serve as a proposal to authorize the changes.

DATES: This final authorization will become effective on August 9, 
2005, unless the EPA receives adverse written comment by July 11, 2005. 
If the EPA receives such comment, it will publish a timely withdrawal 
of this immediate final rule in the Federal Register and inform the 
public that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. E-mail: [email protected].
    3. Mail: 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.
    4. Hand Delivery or Courier. Deliver your comments 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.
    Instructions: Do not submit information that you consider to be CBI 
or otherwise protected through regulations.gov, or e-mail. The Federal 
regulations.gov Web site is an ``anonymous access'' system, which means 
the EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to the EPA without going through regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, the EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If the EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    You can view and copy Louisiana's application and associated 
publicly available materials from 8:30 a.m. to 4 p.m. Monday through 
Friday at the following locations: Louisiana Department of 
Environmental Quality, 602 N. Fifth Street, Baton Rouge, Louisiana 
70884-2178, phone number (225) 219-3559 and EPA, Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, phone number (214) 665-8533. 
Interested persons wanting to examine these documents should make an 
appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson Region 6 Regional 
Authorization Coordinator, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region 
1145 Ross Avenue, Dallas Texas 75202-2733, and e-mail address 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from the 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 program. As the Federal program changes, 
States must change their programs and ask the 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 the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    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 with the changes described in 
the authorization application. 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 the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in Louisiana including issuing permits, until the State is 
granted authorization to do so.

C. 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 the EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     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 under State 
law, and are not changed by today's action.

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

    The EPA did not publish a proposal before today's rule because we 
view this as a routine program change and do not expect comments that 
oppose this approval. We are providing an opportunity for public 
comment now. In addition to this rule, in the proposed rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State program changes.

E. What Happens if the EPA Receives Comments That Oppose This Action?

    If the EPA receives comments that oppose this authorization, we 
will withdraw this rule by publishing a document in the Federal 
Register before the rule becomes effective. The EPA will base any 
further decision on the authorization of the State program changes on 
the proposal mentioned in the previous paragraph. We will then address 
all public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time. If we receive comments that oppose only 
the authorization of a particular change to the State hazardous waste 
program, we will withdraw only that part of this rule, but the 
authorization of the program

[[Page 33854]]

changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. For What Has Louisiana Previously Been Authorized?

    The State of Louisiana initially received final authorization on 
February 7, 1985, (50 FR 3348), to implement its base Hazardous Waste 
Management Program. We granted authorization for changes to their 
program on 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; 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; January 2, 2001 (66 FR 23 ) effective March 5, 2001 and 
December 9, 2003 (68 FR 68526) effective February 9, 2004. On November 
4, 2004, Louisiana applied for approval of its program revisions for 
RCRA Cluster XIII including Conditionally Exempt Small Quantity 
Generator's (CSQGs), Small Quantity Generators (SQGs) and Manifest 
Requirements. In this application, Louisiana is seeking approval of 
RCRA Cluster XIII also including Conditionally Exempt Small Quantity 
Generator's (CSQGs), Small Quantity Generators (SQGs) and Manifest 
Requirements that was repealed 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, which amended and reenacted Louisiana Revised Statutes 
30:1051 et seq; 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 XIII promulgated from July 1, 2003 
through June 30, 2004, including CSQGs, SQGs, and Manifest requirements 
dated November 1, 1981, through September 23, 1987 and the State's 
regulations which became effective January 20, 2001, May 20, 2001 and 
September 20, 2004.

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).

                  Changes to Conditionally Exempt Small Quantity and Small Quantity Generators
----------------------------------------------------------------------------------------------------------------
                                                                     Result of re-promulgated rule (amended/
               State citation                 Federal citation             effective date May 20, 2001)
----------------------------------------------------------------------------------------------------------------
2205.A.1...................................        268.50(A)(1)  Repealed.
Chapter 39.................................                 N/A  Repealed.
4105.B.7...................................                 N/A  Language deleted.
----------------------------------------------------------------------------------------------------------------

G. What Changes Are We Authorizing With Today's Action?

    On November 4, 2004, Louisiana submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make an immediate 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 the State of Louisiana Final authorization for the following 
changes: The State of Louisiana's program revisions consist of 
regulations which specifically govern RCRA Cluster XIII including 
amendment to CSEQ's SQG's and Manifest requirements as documented 
below:

[[Page 33855]]



 
------------------------------------------------------------------------
   Description of federal       Federal Register
    requirement  (include     date and page  (and/     Analogous state
  checklist ,  if      or RCRA statutory         authority
          relevant)                authority)
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1. Manifest Requirements: 40  45 FR 3322, May 19,   Louisiana Revised
 CFR part 262.22, 264.71(a)    1980, as amended at   States (LRS) 30:
 3 and 4, 264.71(b).           45 FR 86970-86974,    Section 2001 et
 264.71(d) and 264.72(b).      December 31, 1980;    seq., with specific
                               61 FR 16315, April    cites of 2174,
                               12, 1996; 45 FR       2175, and 2180 as
                               33221, May 19,        amended 2002,
                               1980, as amended at   effective 2002;
                               50 FR 4514, January   Louisiana Hazardous
                               31, 1985; and 49 FR   Waste Regulations
                               10500, March 20,      (LHWR) Sections
                               1984.                 905.A.4 & 5,
                                                     905.B.5, 907.D,
                                                     1107.C, and 1199.
                                                     Appendix A, as
                                                     amended January 20,
                                                     2001; effective
                                                     January 20, 2001.
2. Small Quantity Generators  45 FR 33119, May 19,  LRS:30:2001 et seq.
 and Conditionally Exempt      1980; 45 FR 78529,    with specific cites
 Small Quantity Generators     November 25, 1980,    of 2174, 2175, and
 Requirements.                 as amended at 47 FR   2180, as amended
                               36097, August 18,     2002, effective
                               1982; 48 FR 14294,    2002, LHWR Sections
                               April 1, 1983; 50     105.D.5.a, 108.A-J,
                               FR 1999, January      108.G.3.g.4 and 5
                               14, 1985; 51 FR       is more stringent
                               40637 November 7,     because the State
                               1986; 48FR 14228      assess fees based
                               April 1, 1983; 48     upon notification
                               FR 30114 June 30,     including mandatory
                               1983, as amended at   fees for
                               50 FR 28751, July     Conditionally
                               15, 1985; 51 FR       exempt small
                               10174-10176, March    quantity
                               24, 1986; 52 FR       generators; The
                               45799 December 1,     Federal rule at 40
                               1987; 54 FR 9607,     CFR 261 does not
                               March. 7, 1989; 60    assess any
                               FR 33914, June 29,    generator fees.
                               1995; 45 FR 33119-    Sections 109.
                               33221, May 19,        Definitions,
                               1980, as amended at   303.E1, 305.C.2,
                               48 FR 3982, January   305.C.4,
                               1983; 50 FR 4514,     909.Introduction,
                               January 31, 1985;     909.Comment,
                               47 FR 1251, January   1101.I, 1107.A.4,
                               11, 1982; 52 FR       1109.E.7,
                               35898-35899,          1109.E.7.e,
                               September 23, 1987;   1109.E.7.f,
                               51 FR 28682, August   1109.E.8 & 9,
                               8, 1986, as amended   1111.C.1 & 2,
                               at 56 FR 43705        1111.C.3, 1111.E,
                               September 4, 1991;    1113.G.1.e,
                               61 FR 16309, April    1113.G.2, 1307.H,
                               12, 1996;[45 FR       1501.C.1, 2201.I.4,
                               33151-33221, May      2205.A.1, 2245.G. &
                               19, 1980; 51 FR       H., 2249.C.3,
                               40636, November. 7,   3001.C.3, 3017.B. &
                               1980; 51 FR 40638,    C., 3801.A.,
                               November 7, 1986;     3801.C., 3801.D,
                               52 FR 21016, June     4003.B.3, 4105.B.3,
                               4, 1987; and 51 FR    4105.B.7,
                               40642, November 7,    4105.B.11,
                               1986. 52 FR 21016-    4105.B.12 & 13,
                               21017, June 4,        4301.E, 4313.B,
                               1987;[56 FR 7208,     4438, 4901.A,
                               February 21, 1991;    4901.E & F, 4907.C
                               56 FR 32688, July     and 5137.A, as
                               17, 1991; 60 FR       amended January 20,
                               25542, May 11,        2001; effective
                               1995, as amended at   January 20, 2001.
                               64 FR 36488, July
                               6, 1999; 57 FR
                               41612, September
                               10, 1992; 45 FR
                               33232 May 19, 1980;
                               51 FR 25479, July
                               14, 1986, as
                               amended at 53 FR
                               34087 September 2,
                               1988; and 45 FR
                               78529-78541
                               November 25, 1980.
3. Zinc Fertilizers Made      67 FR 48393, July     LRS:30:2001 et seq.
 From Recycled Hazardous       24, 2002.             with specific cites
 Secondary Materials.                                of 2174, 2175, and
 (Checklist 200).                                    2180, as amended
                                                     2002, effective
                                                     2002, LHWR Sections
                                                     105.D, 105.D.1.t,
                                                     105.D.1.t.i,-ii,
                                                     105.D.t.ii.(a)(b),
                                                     105.D.1.t.ii(b)(i)-
                                                     (iii),
                                                     105.D.1.t.ii.(c)-(d
                                                     ), 105.D.t.ii.(d),
                                                     105.D.1.t.ii.(d)(i)
                                                     -(iii),
                                                     105.D.t.iii,
                                                     105.D.1.t.iii.(a)(d
                                                     ), 105.D.1.t.iv-v,
                                                     105.D.1.u,
                                                     105.D.1.u.i,
                                                     105.D.1.u.i.(a)(b),
                                                     105.D.1.u.ii,
                                                     105.D.1.u.iii,
                                                     1.u.iii(a)- (f),
                                                     4139.A.2.c & 3,
                                                     4139.A.6,
                                                     4139.A.3.a-b,
                                                     2223.I, as amended
                                                     April 2004,
                                                     effective August
                                                     20, 2004.
4. Treatment Variance for     67 FR 62618, October  LRS:30:2001 et seq.
 Radioactively Contaminated    7, 2002.              with specific cites
 Batteries. (Checklist 201).                         of 2174, 2175, and
                                                     2180, as amended
                                                     2002, effective
                                                     2002, LHWR Sections
                                                     2299 Table 2, as
                                                     amended April 2004,
                                                     effective August
                                                     20, 2004.
5. Hazardous Air Pollutant    67 FR 77687,          LRS:30:2001 et seq.
 Standards for Combustors-     December 19, 2002.    with specific cites
 Corrections 2 (Checklist                            of 2174, 2175, and
 202).                                               2180, as amended
                                                     2002, effective
                                                     2002, LHWR Sections
                                                     529.F, 535.G,
                                                     3115.E, and 537.D,
                                                     as amended April
                                                     2004, effective
                                                     August 20, 2004.
------------------------------------------------------------------------

H. Where Are the Revised State Rules Different From the Federal Rules?

    We consider the following State requirements to be more stringent 
than the Federal requirements: At the State of Louisiana regulations 
LHWR Sections 105.D.5.a, 108.A-J, 108.G.3.g.4 and 5, are more stringent 
because the State assess fees based on notifications including 
mandatory fees for Conditionally exempt small quantity generators. The 
Federal rule regulation at 40 CFR 261 does not assess any generator's 
fees. There are no broader in scope provisions in this program 
revisions.

I. Who Handles Permits After the Authorization Takes Effect?

    Louisiana will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. The EPA will 
continue to administer any RCRA hazardous waste permits or portions of 
permits which we issued prior to the effective date of this 
authorization. We will not issue any more new permits or new portions 
of permits for the provisions listed in the Table in this document 
after the effective date of this authorization. The EPA will continue 
to implement and issue permits for HSWA requirements for which 
Louisiana is not yet authorized.

J. What Is Codification and Is the EPA Codifying Louisiana's Hazardous 
Waste Program as Authorized in This Rule?

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

[[Page 33856]]

authorization application the EPA is not codifying the rules documented 
in this Federal Register notice.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) 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 preexisting 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 3006(b), the 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 the 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, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The 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. The 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. A major rule cannot take effect 
until 60 days after it is published 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 August 9, 2005.

List of Subjects in 40 CFR Part 271

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

    Authority: This action 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: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-11469 Filed 6-9-05; 8:45 am]
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