[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Rules and Regulations]
[Pages 53707-53708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25651]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5314-9]
Louisiana: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Louisiana has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed Louisiana's application and determined that
its hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Unless adverse written
comments are received during the review and comment period provided for
public participation in this process, EPA intends to approve
Louisiana's hazardous waste program revision subject to the authority
retained by EPA in accordance with Hazardous and Solid Waste Amendments
of 1984. Louisiana's application for the program revision is available
for public review and comment.
DATES: This authorization for Louisiana shall be effective January 2,
1996, unless EPA publishes a prior Federal Register (FR) action
withdrawing this immediate final rule. All comments on Louisiana's
program revision application must be received by the close of business
December 1, 1995.
ADDRESSES: Copies of the Louisiana program revision application and the
materials which EPA used in evaluating the revision are available from
8:30 a.m. to 4 p.m., Monday through Friday at the following addresses
for inspection and copying: Louisiana Department of Environmental
Quality, H.B. Garlock Building, 7290 Bluebonnet, Baton Rouge, Louisiana
70810, (504) 765-0617 and U.S. EPA, Region 6 Library, 12th Floor, First
Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Dallas,
Texas 75202-2733, phone (214) 665-6444. Written comments, referring to
Docket Number LA-95-3, should be sent to Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (PD-G),
U.S. EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6PD-G),
U.S. EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Background
States authorized under section 3006(b) of the Resource
Conservation and Recovery Act (``RCRA or the Act''), 42 U.S.C. 6926(b),
have a continuing obligation to maintain a hazardous waste program that
is equivalent to, consistent with, and no less stringent than the
Federal hazardous waste program. Revisions to State hazardous waste
programs are necessary when Federal or State statutory or regulatory
authority is modified or when certain other changes occur. Most
commonly, State program revisions are necessitated by changes to EPA's
regulations in 40 CFR parts 124, 260-268, and 270.
B. Louisiana
Louisiana initially received final authorization on February 7,
1985 (see 50 FR 3348), to implement its base hazardous waste management
program. Louisiana received authorization for revisions to its program
on January 29, 1990 (see 54 FR 48889), October 25, 1991 (see 56 FR
41958), and Corrections at (56 FR 51762), effective January 23, 1995
(see 59 FR 55368-55371), and Corrections at (60 FR 18360) and March 8,
1995 (see 59 FR 66200). On June 7, 1995, Louisiana submitted a final
complete program revision application for additional program approvals.
Today, Louisiana is seeking approval of its program revision in
accordance with 40 CFR 271.21(b)(3).
In 1983, the Louisiana legislature adopted Act 97, which amended
and reenacted Louisiana Revised Statutes 30:1051 et seq., the
Environmental Affairs Act. This Act created the Louisiana Department of
Environmental Quality (LDEQ), which has lead agency jurisdictional
authority for administering the RCRA Subtitle C program in the State.
EPA reviewed Louisiana's application and made an immediate final
decision that Louisiana's hazardous waste program revision satisfies
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant authorization for the additional
program modifications to Louisiana. The public may submit written
comments on EPA's proposed final decision until December 1, 1995.
Copies of LDEQ's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of LDEQ's program revision shall become effective 75 days
from the date this notice is published, unless an adverse written
comment pertaining to the State's revision discussed in this notice is
received by the end of the comment period. If an adverse written
comment is received, EPA will publish either (1) a withdrawal of the
immediate final decision or (2) a notice containing a response to the
comment which either affirms that the immediate final decision takes
effect or reverses the decision.
Louisiana's program revision application includes State regulatory
changes that are equivalent to the rules promulgated in the Federal
RCRA implementing regulations in 40 CFR parts 124, 260-262, 264, 265,
266, and 270 that were published in the Federal Register from July 1988
through June 30, 1990. This proposed approval includes the provisions
that are listed in the chart below. This chart also lists the State
analogs that are being recognized as equivalent to the appropriate
Federal requirements.
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Federal citation State analog
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1. Identification and Listing Louisiana Revised Statutes (LRS) 30: Sec.
of Hazardous Waste; 2180 et seq., as amended June 14, 1991,
Treatability Studies Sample effective June 14, 1991; Louisiana
Exemption, (53 FR 27290- Hazardous Waste Regulations (LHWR) Sec.
27302) July 19, 1988. 109, as amended October 20, 1994,
(Checklist 49). effective October 20, 1994, Secs.
105.D.37 and 105. D. 38 as amended
September 20, 1994, effective September
20, 1994.
[[Page 53708]]
2. Hazardous Waste Management LRS 30: 2180 et seq., as amended June 14,
System; Standards for 1991, effective June 14, 1991; LHWR Sec.
Hazardous Waste Storage and 109 as amended October 20, 1994, Sec.
Treatment Tank Systems, (53 3515 as amended July 20, 1990, effective
FR 34079-34087) September 2, July 20, 1990, Sec. 1901.A, and B, as
1988. (Checklist 52). amended December 20, 1992; effective
December 20, 1992, Sec. 1907.F.3, as
amended July 20, 1990; effective July
20, 1990, Sec. 4377.B.2 as amended March
20, 1995; effective March 20, 1995, Sec.
4385, as amended July 20, 1990;
effective July 20, 1990, Sec. 4431.A,
A.2 as amended December 20, 1992;
effective December 20, 1992, Secs.
4437.F.3, G.3.iii and 4441, as amended
July 20, 1992; effective July 20, 1992.
3. Statistical Methods for LRS 30: 2180 et seq., as amended June 14,
Evaluating Ground-Water 1991, effective June 14, 1991; LHWR Sec.
Monitoring Data from 3303.A.1, A.2, as amended November 20,
Hazardous Waste Facilities, 1992; effective November 20, 1992, Sec.
(53 FR 39720-39731) October 3305.A, as amended July 20, 1990;
11, 1988. (Checklist 55). effective July 20, 1990, Secs. 3315.A.1-
3. G-J, 3317.C, D, F-K, and 3319.C. D, F-
L, as amended July 20, 1990; effective
July 20, 1990.
4. Standards for Generators LRS 30: 2180 et seq., as amended June 14,
of Hazardous Waste, (53 FR 1991, effective June 14, 1991; LHWR Sec.
45089-45093) November 8, 903.D, as amended April 20, 1991;
1988. (Checklist 58). effective April 1991, and Sec. 1107.A,
as amended October 20, 1994; effective
October 20, 1994.
5. Hazardous Waste LRS 30: 2180 et seq., as amended June 14,
Miscellaneous Units; 1991, effective June 14, 1991; LHWR Sec.
Standards Applicable to 517.G, M, as amended November 20, 1992;
Owners and Operators, (54 FR effective November 20, 1992.
615-617) January 9, 1989.
(Checklist 59).
6. Amendment to Requirements LRS 30: 2180 et seq., as amended June 14,
for Hazardous Waste 1991, effective June 14, 1991; LHWR Sec.
Incinerator Permits, (54 FR 3115.D, as amended November 20, 1992;
4286-4288) January 30, 1989. effective November 20, 1992.
(Checklist 60).
7. Mining Waste Exclusion II, LRS 30: 2180 et seq., as amended June 14,
(55 FR 2322-2354) January 1991, effective June 14, 1991; LHWR Sec.
23, 1990. (Checklist 71). 109, as amended October 20, 1994;
effective October 20, 1994, and Sec.
105.D.17.A-T, as amended September 20,
1994, and Sec. 1107.D.6, as amended
October 20, 1994; effective October 20,
1994.
8. Modification of F019 LRS 30: 2180 et seq., as amended June 14,
Listing, (55 FR 5340-5342) 1991, effective June 14, 1991; LHWR Sec.
February 14, 1990. 4901.B Table 1, as amended September 20,
(Checklist 72). 1994; effective September 20, 1994.
9. Criteria for Listing Toxic LRS 30: 2180 et seq., as amended June 14,
Wastes; Technical Amendment, 1991, effective June 14, 1991; LHWR Sec.
(55 FR 18726) May 4, 1990. 4907.A.3., as amended May 20, 1991;
(Checklist 76). effective May 20, 1991.
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Louisiana is not authorized to operate the Federal program on
Indian lands. This authority remains with EPA.
C. Decision
I conclude that Louisiana's application for a program revision
meets all of the statutory and regulatory requirements established by
RCRA. Accordingly, Louisiana is granted final authorization to operate
its hazardous waste program as revised. Louisiana now has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its revised program application, subject to
the limitations of the HSWA. Louisiana also has primary enforcement
responsibilities, although EPA retains the right to conduct inspections
under section 3007 of RCRA and to take enforcement actions under
sections 3008, 3013, and 7003 of RCRA.
D. Codification in Part 272
EPA uses 40 CFR part 272 for codification of the decision to
authorize Louisiana's program and for incorporation by reference of
those provisions of Louisiana's Statutes and regulations that EPA will
enforce under section 3008, 3013, and 7003 of RCRA. Therefore, EPA is
reserving amendment of 40 CFR part 272, subpart T until a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 3 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Louisiana's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. This authorization does not
impose any new burdens on small entities. This rule, therefore, does
not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste 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: October 6, 1995.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 95-25651 Filed 10-16-95; 8:45 am]
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