[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Rules and Regulations]
[Pages 66116-66119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19089]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2006-0914; FRL-8241-3]


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 Register will serve as a 
proposal to authorize the changes.

DATES: This final authorization will become effective on January 12, 
2007 unless the EPA receives adverse written comment by December 13, 
2006. 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.

[[Page 66117]]

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 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; 
December 9, 2003 (68 FR 68526) effective February 9, 2004 and June 10, 
2005 (70 FR 33852) effective August 9, 2005. On February 3, 2006, 
Louisiana applied for approval of its program revisions for RCRA 
Cluster XIV. In this application, Louisiana is seeking approval of RCRA 
Cluster XIV in accordance with 40 CFR 271.21(b)(3).
    Since 1979, through the Environmental Affairs Act, Act 449 enabling 
the Office of Environmental Affairs within the Louisiana Department of 
Natural Resources, as well as, the Environmental Control Commission 
conducted an effective program designed to regulate those who generate, 
transport, treat, store, dispose or recycle hazardous waste. During the 
1983 Regular Session of the Louisiana Legislature, Act 97 was adopted, 
which amended and reenacted La. R. S. 30:1051 et seq. as the 
Environmental Quality Act, renaming the Environmental Quality (LDEQ), 
including provisions for new offices within this new Department of 
Environmental Quality. Act 97 also transferred the duties and 
responsibilities previously delegated to the Department of Natural 
Resources, Office of Environmental Affairs, to the new Department. The 
LDEQ has lead agency jurisdictional authority for administering the 
Resource Recovery and Conservation Act (RCRA) Subtitle C program in 
Louisiana. Also, the LDEQ is designated to facilitate communication 
between the EPA and the State. During the 1999 Regular Session of 
Louisiana Legislature, Act 303 revised the La. R. S. 30:2011 et. seq. 
allowing LDEQ to reengineer the Department to perform more efficiently 
and to meet its strategic goals.
    It is the intention of the State, through this application, to 
demonstrate its equivalence and consistency with the Federal statutory 
tests, which are outlined in the United States Environmental Protection 
Agency regulatory requirements under 40 CFR part 271, Subpart A, for 
final authorization. The submittal of this application is in keeping 
with the spirit and intent of RCRA, which provides equivalent States 
the opportunity to apply for final authorization to operate all aspects 
of their hazardous waste management programs in lieu of the Federal 
government. The Louisiana Environmental Quality Act authorizes the 
State's program, Subtitle II of Title 30 of the Louisiana Revised 
Statutes. The State program is equivalent to the Federal program as 
outlined in the revision Checklist 203 and 205. The State has 
determined it will not promulgate the Performance Track Program (PTP). 
The State has its own environmental leadership program that

[[Page 66118]]

parallels the Federal PTP. The State is also requesting concurrence of 
other state-initiated rules that may be more stringent than the RCRA 
rules or indirectly affect the State hazardous waste program.

State Initiated Changes

    The State has made amendments to the provisions listed in the table 
which follows. These amendments clarify the State's regulations 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).

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            State citation                        Federal citation                  Rule (effective date)
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LAC 33:v.105..........................  261.22.............................  November 20, 2004.
LAC 33:I. 4501, 4503, 4701-4707, 4711,  No Analog..........................  July 20, 2005.
 4717, 4719, 4901, 5103, 5301, 5303,
 5311, 5315, 5701, 5901-5915.
LAC 33:I.2501-2505....................  No Analog..........................  August 20, 2005.
LAC 33:I.4501 and 4719................  No Analog..........................  March 20, 2003.
LAC 33:I.101, 103, 105, 107, 109......  No Analog..........................  October 20, 2003.
LAC 33:I.2303-2309....................  No Analog..........................  May 20, 2003.
LAC 33:I Chapter 5....................  No Analog..........................  April 20, 2004.
LAC 33:I.705..........................  No Analog..........................  March 20, 2004.
LAC 33:33:I. 3903, 3915, 3917, 3919,    No Analog..........................  August 20, 2004.
 3923, 3931, 6919, 6923; III.1105,
 1513, 2103, 2115, 2303, 2307, 2719,
 5107, 5151; V.1109, 1913, 2271, 2805,
 2909, 4101, 4107, 4211, 4241, 5309,
 VI.201; VII.315, 711, 713, 715; IX.,
 503, 2701; XI707, 713, 715; XV.341,
 485, 486, 492, 712, and 2051.
LAC 33:I.1901, 1903, 1907, 1909, 1911;  No Analog..........................  October 20, 2005.
 III.505, 517, 521; V.321, 4303;
 VII.517, IX.2701, 2901, 2903 and 2905.
LAC 33:III, 2799, 2805; XI.1305; and    No Analog..........................  December 20, 2004
 XV.487, 712 and 1013.
LAC 33:I.601, 603, 605, 607, and 609..  No Analog..........................  June 20, 2005.
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G. What Changes Are We Authorizing With Today's Action?

    On February 3, 2006, 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 XIV as documented 
below:

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   Description of Federal requirement      Federal Register date and
    (include checklist , if      page (and/or RCRA statutory          Analogous State authority
                relevant)                          authority
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1. Recycled Used Oil Management           68 FR 44659-44665, July 30,  Louisiana Revised Statutes (LRS) 30:
 Standards; Clarification. (Checklist      2003.                        Section 2001 et seq., with specific
 203).                                                                  cites of 2174, 2175, and 2180 effective
                                                                        December 31, 2004; Supplement effective
                                                                        January through March 2005; Louisiana
                                                                        Hazardous Waste Regulations (LHWR)
                                                                        Sections 108.J, 4003 intro, 4003.I,
                                                                        effective October 20, 2005; 4085.B,
                                                                        4085.B, and 4085.B.1-4, effective
                                                                        December 31, 2004; Supplement effective
                                                                        January through March 2005.
2. NESHAP: Surface Coating of             69 FR 22601-22662, April     LRS: 30: 2001 et seq. with specific cites
 Automobiles and Light-Duty Trucks.        26, 2004.                    of 2174, 2180, effective December 31,
 (Checklist 205).                                                       2004; Supplement effective January
                                                                        through March 2005; LHWR Sections
                                                                        1717.F, 1717.G, 4561 and 4561.F,
                                                                        effective October 20, 2005.
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H. Where Are the Revised State Rules Different From the Federal Rules?

    The State's hazardous regulations for Checklists 203 and 205 are 
consistent, equivalent and no less stringent than the Federal 
regulations. The provisions that are more stringent are (1) Petitions 
to Exclude a Waste Produced at a Particular Facility: Hazardous Waste 
Delisting General Provisions: LAC 33:v.105 LAC 33:I.4501, 4503, 4701-
4707, 4711, 4717, 4719, 4901, 5103, 5301 November 20, 2004. Petitioners 
will be required to use an independent laboratory and an independent 
data validator; (2) Facility Name and Ownership/Operator changes: LAC 
33:I.1901, 1903, 1907, 1909, 1911; III.505, 517, 521; V.321,4303; 
VII.517, IX.2701, 2901, 2903 and 2905, October 20, 2005, adds more 
requirements by providing a unified procedure for all media that will 
result in cleaner notification procedures for the regulated community; 
(3) Penalty Determination Methodology: LAC 33:I.705, March 20, 2004 
added standardized requirements to how LDEQ calculates penalties 
regarding facilities with environmental violations; and (4) LAC 33:I. 
Chapter 5: Confidential Information and Records adds more 
clarifications to procedures for submission of information and records 
that met the criteria for confidentiality under LAC 30:2030 Louisiana 
Public Records Act. However, the following provisions of the State's 
initiated changes are broader in scope: (1) LAC 33:III, 2799, 2805; 
XI.1305; and XV.487, 712 and 1013, regarding Social Security numbers, 
(2) and, LAC 33:I.601, 603, 605, 607, and 609 relating to Security-
Sensitive information, (3) LAC 33:I.4501, 4503, 4701-4707, 4711, 4717, 
4719, 4901, 5103, 5301, 5303, 5311, 5315, 5701, 5901-5915: Laboratory 
Accreditation, (4) LAC 33:I2501-2505: Beneficial Environmental Project, 
(5) LAC 33:I.4501 and 4719: Commercial Laboratories Pending 
Accreditation, (6) LAC 33:I.101, 103, 105, 107 and 109: Public 
Notification of Contamination, (7) LAC 33:33:I. 3903, 3915, 3917, 3919,

[[Page 66119]]

3923, 3931, 6919, 6923; III.1105, 1513, 2103, 2115, 2303, 2307, 2719, 
5107, 5151; V.1109, 1913, 2271, 2805, 2909, 4101, 4107, 4211, 4241, 
5309, VI.201; VII.315, 711, 713, 715; IX.503, 2701; XI.707, 713, 715; 
XV.341, 485, 486, 492, 712, and 2051, (8) LAC 33:I.601, 603, 605, 607 
and 609: Security-Sensitive Information, and (9) LAC 33:III.2799, 2805; 
XI.1305; XV.487, 712 and 1013: Social Security Number Confidentiality 
are considered to be broader in scope. Therefore, EPA cannot enforce 
broader in scope provisions and they are not part of the authorized 
regulations in this document.

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. 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 in Indian Country.

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

M. 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 January 12, 2007.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians--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: September 26, 2006.
Richard E. Greene,
Regional Administrator, Region 6.
 [FR Doc. E6-19089 Filed 11-9-06; 8:45 am]
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