[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13777-13782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7604]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5447-6]
Louisiana: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency.
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 June 11,
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
May 12, 1996.
ADDRESSES: Copies of the Louisiana program revision application and the
materials which EPA used in evaluating the revision are available for
inspection and copying from 8:30 a.m. to 4 p.m., Monday through Friday
at the following addresses: Louisiana Department of Environmental
Quality, H.B. Garlock Building, 7290 Bluebonnet, Baton Rouge, Louisiana
70810, phone (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-95-5, should be sent to 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.
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 (see 60 FR 18360), March 8,
1995 (see 59 FR 66200) and January 2, 1996 (see 60 FR 53707). On
December 11, 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 May 12, 1996. Copies of
LDEQ's application for program revision are available for inspection
and copying at the locations indicated in the ADDRESSES section of this
document.
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
[[Page 13778]]
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 FR from July 1, 1987, through
June 30, 1993. 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; and 2180 et seq, as amended June 14, 1991,
Designation, Reportable effective June 14, 1991; Louisiana
Quantities, and Notification Hazardous Waste Regulations (LHWR) Sec.
(Amendment to the Bevill 4901.C, as amended March 20, 1995;
Exclusion), [53 FR 35412] effective March 20, 1995, Sec. 4901.G
September 13, 1988 Table 6, as amended September 20, 1995;
(Checklist 53). effective September 20, 1995, Sec.
105.D17.A-F, as amended September 20,
1994; effective September 20, 1994.
2. Permit Modifications for LRS 30: 2180 et seq, as amended June 14,
Hazardous Waste Management 1991, effective June 14, 1991; LHWR Sec.
Facilities, [53 FR 37912] 323.B as amended September 20, 1995;
September 28, 1988. effective September 20, 1995, Sec.
(Checklist 54). 1513.D, as amended November 20, 1992;
effective November 20, 1992, Sec.
3511.C, as amended March 20, 1995;
effective March 20, 1995, Sec. 3523.D,
as amended November 20, 1992; effective
November 20, 1992, Sec. 4381.C, as
amended March 20, 1995; effective March
20, 1995, Sec. 4391.D, as amended July
20, 1995, effective July 20, 1992, Sec.
109, as amended October 20, 1994;
effective October 20, 1994 Sec. 307.A,
as amended March 20, 1995; effective
March 20, 1995, Sec. 309.L.2, as
amended September 20, 1994; effective
September 20, 1994, Sec. 321.B.C, as
amended March 20, 1995; effective March
20, 1995, Sec. 322, as amended
September 20, 1995; effective September
20, 1995, Sec. 3115.A, B, as amended
November 20, 1992; effective November
20, 1992, and Sec. 2707.D, as amended
July 20, 1990; effective July 20, 1990.
3. Identification and Listing LRS 30: 2180 et seq, as amended June 14,
of Hazardous Waste; Removal 1991, effective June 14, 1991; LHWR Sec.
of Iron Dextran from the 4901.F.Table 4, as amended September
List of Hazardous Wastes, 20, 1994; effective September 20, 1994,
[53 FR 43878] October 31, Sec. 3105.Table 1, as amended September
1988. (Checklist 56). 20, 1995; effective September 20, 1995,
Sec. 4901.E.Table 3, as amended
September 20, 1994; effective September
20, 1994, Secs. 3105 Table 1, and
4901.E, as amended September 20, 1995,
effective September 20, 1995, and LHWR
Chapter 31.Table 1, as amended September
20, 1994; effective September 20, 1994.
4. Identification and Listing LRS 30: 2180 et seq, as amended June 14,
of Hazardous Waste; Removal 1991, effective June 14, 1991; LHWR Sec.
of Strontium Sulfide From 4901.F.Table 4, as amended September
the List of Hazardous Waste, 20, 1994; effective September 20, 1994,
[53 FR 43881] October 31, Sec. 3105.Table 1, as amended September
1988. (Checklist 57]. 20, 1995; effective September 20, 1995,
Sec. 4901.E.Table 3, as amended
September 20, 1994; effective September
20, 1994, Secs. 3105 Table 1, and
4901.E, as amended September 20, 1995,
effective September 20, 1995, and LHWR
Chapter 31.Table 1, as amended September
20, 1994; effective September 20, 1994.
5. Changes to Interim Status LRS 30: 2180 et seq, as amended June 14,
Facilities for Hazardous 1991, effective June 14, 1991; LHWR Sec.
Waste Management Permits; 105, as amended September 20, 1995;
Procedures for Post-Closure effective September 20, 1995, Sec.
Permitting, [54 FR 9596] 301.B, as amended November 20, 1992;
March 7, 1989. (Checklist effective November 20, 1992, Sec.
61). 323.A, as amended October 20, 1994;
effective October 20, 1994, Sec. 701,
as amended November 20, 1992; effective
November 20, 1992, Sec. 705.A, B, as
amended July 20, 1990; effective July
20, 1990, Sec. 322, as amended
September 20, 1995, effective September
20, 1995, Secs. 109, 305.A, and 503, as
amended October 20, 1994; effective
October 20, 1994, and Sec. 706, as
amended July 20, 1990; effective July
20, 1990, Sec. 4303.A, B, as amended
March 20, 1995; effective March 20,
1995, and Sec. 4305.C-E, as amended
October 20, 1994; effective October 20,
1994.
6. Delay of Closure Period LRS 30: 2180 et seq, as amended June 14,
for Hazardous Waste 1991 effective June 14, 1991; LHWR Secs.
Management Facilities, [54 1519.A-B, and 3511.D, as amended March
FR 33376] August 14, 1989. 20, 1995; effective March 20, 1995, Sec.
(Checklist 64). 3513.A-E, as amended September 20,
1994; effective September 20, 1994,
Secs. 3705.A, 4313, 4381.D.2,
4381.D.2.a-b and 4383.A-E, as amended
March 20, 1995; effective March 20, 1995
Sec. 4401.A.3-4, as amended August 20,
1987; effective August 20, 1987, and
Sec. 322, as amended September 20,
1995; effective September 20, 1995.
7. Reportable Quantity LRS 30: 2180 et seq, as amended June 14,
Adjustment Methyl Bromide 1991, effective June 14, 1991; LHWR Sec.
Production Wastes, [54 FR 4901.C, as amended March 20, 1995;
41402] October 6, 1989. effective March 20, 1995, Chapter 49.App
(Checklist 68). A.Tbl 8-10, as amended September 20,
1995, effective September 20, 1995, Sec.
4901.B.Tbl 1, as amended September 20,
1994; effective September 20, 1994,
Secs. 4901.G.Tbl 6, and 3105, Tbl 1, as
amended September 20, 1995; effective
September 20, 1995.
8. Reportable Quantity LRS 30: 2180 et seq, as amended June 14,
Adjustment (F024 & F025), 1991, effective June 14, 1991; LHWR Sec.
[54 FR 50986] December 11, 4901.C, as amended March 20, 1995;
1989. (Checklist 69). effective March 20, 1995, Chapter 49.App
A.Tbl 8-10, as amended September 20,
1995, effective September 20, 1995, Sec.
4901.B.Tbl 1, as amended September 20,
1995; effective September 20, 1995.
9. Toxicity Characteristics LRS 30: 2180 et seq, as amended June 14,
Revisions, [55 FR 11798] 1991; effective June 14, 1991; LHWR Sec.
March 29, 1990, and Toxicity 105.D.15, as amended September 20,
Characteristics Revisions 1994; effective September 20, 1994, Sec.
(Correction 1), [55 FR 105.D.19, as amended March 20, 1995;
26986] June 29, 1990. effective March 20, 1995, Secs.
(Checklists 74 and 74.1). 105.D.39, and 105.D.40, as amended
September 20, 1994; effective September
20, 1994, Sec. 4903.E.1, and 4903.E.2,
as amended November 20, 1992; effective
November 20, 1992, Sec. 4901.B.Tbl.1,
as amended September 20, 1994, effective
September 20, 1994 Sec. Chapter
49.App.B, as amended September 20, 1995;
effective September 20, 1995, Sec.
2503.N.1, as amended March 20, 1995;
effective March 20, 1995, Sec.
4462.D.1., as amended September 20,
1994; effective September 20, 1994; Sec.
4481.A, as amended April 20, 1991;
effective April 20, 1991, and Chapter
49.App.B, as amended September 20, 1995;
effective September 20, 1995.
10. Listing of 1,1- LRS 30: 2180 et seq, as amended June 14,
Dimethylhydrazine Production 1991, effective June 14, 1991; LHWR Sec.
Waste, [55 FR 18496] May 2, 4901.C, as amended March 20, 1995;
1990. (Checklist 75). effective March 20, 1995, Chapters
49.App.A.Tbl.8, and 4901.G.Tbl.6, as
amended September 20, 1995; effective
September 20, 1995.
[[Page 13779]]
11. Toxicity characteristics; LRS 30: 2180 et seq, as amended June 14,
Hydrocarbon Recovery 1991, effective June 14, 1991; LHWR Sec.
Operations, [55 FR 40834], 105.D.42.a-b, as amended September 20,
October 5, 1990, Correction 1994; effective September 20, 1994.
1, Included on Checklist 80
[56 FR 3978] February 1,
1991, and Correction 2
Includes on Checklist 80,
[56 FR 13406]. (Checklists
80, 80.1, and 80.2).
12. Petroleum Refinery LRS 30: 2180 et seq, as amended June 14,
Primary and Secondary Oil/ 1991, effective June 14, 1991; LHWR Sec.
Water/Solids Separation 4901.B.2-B.2.c.ii, as amended March 20,
Sludge Listings (F037 and 1995; effective March 20, 1995.
F038), [55 FR 46354]
November 2, 1990, and
Correction 1, at [55 FR
51707] December 17, 1980.
(Checklists 81 and 81.1).
13. Wood Preserving Listings, LRS 30: 2180 et seq, as amended June 14,
[55 FR 50450] December 6, 1991, effective June 14, 1991, LHWR
1990. (Checklist 82). Secs. 4901.B Table 1, 4901.G.Table 6,
and 3105. Table 1, as amended September
20, 1994; effective September 20, 1994,
Sec. 105.D.45, as amended March 20,
1995; effective March 20, 1995, Sec.
4901.B.3.a-c.xii, as amended March 20,
1995; effective March 20, 1995, Sec.
535.A-C, as amended March 20, 1995;
effective March 20, 1995, Sec. 109.drip
Pad, as amended October 20, 1994;
effective October 20, 1994, Sec.
1109.E.1.e. & E.1.c.ii, as amended March
20, 1995; effective March 20, 1995, Sec.
1901, as amended December 20, 1992;
effective December 20, 1992, Secs.
2801.A-B, 2803.A-D, 2805.A-P, 2807.A-B,
2809.A-D, and 2804, as amended September
20, 1995; effective September 20, 1995,
Sec. 4431.A & A.3, as amended December
20, 1992; effective December 20, 1992,
and Chapter 49 App. A Table 8, as
amended September 20, 1994; effective
September 20, 1994.
14. Toxicity Characteristic; LRS 30: 2180 et seq, as amended June 14,
Chloroflourocarbon 1991, effective June 14, 1991; LHWR Sec.
Refrigerants, [56 FR 5910] 105.D.,41, as amended September 20,
February 13, 1991. 1994; effective September 20, 1994.
(Checklist 84).
15. Removal of Strontium LRS 30: 2180 et seq, as amended June 14,
Sulifide from the List of 1991, effective June 14, 1991, LHWR Sec.
Hazardous Waste; Technical 4901.F.Table 4, as amended September
Amendment, [56 FR 7567] 20, 1994; effective September 20, 1994,
February 25, 1991, Sec. 3105.Table 1, as amended September
(Checklists 86). 20, 1995, effective September 20, 1995,
Sec. 4901.E.Table 3, as amended
September 20, 1994; effective September
20, 1994, Secs. 3105 Table 1, and
4901.E, as amended September 20, 1995,
effective September 20, 1995, and LHWR
Chapter 31. Table 1, as amended
September 20, 1994; effective September
20, 1994.
16. Organic Air Emission LRS 30: 2180 et seq, as amended June 14,
Standards for Process Vents 1991, effective June 14, 1991; LHWR Sec.
and Equipment Leaks; 1701, as amended July 20, 1991;
Technical Amendment, [56 FR effective July 20, 1991 Secs. 1705.A,
19290] April 26, 1991. and 1709.F.3, as amended September 20,
(Checklist 87). 1994; effective September 20, 1994,
Secs. 1713.B.4.b, and 1719.B.1, as
amended July 20, 1991; effective July
20, 1991, Sec. 1519.B.7, as amended
October 20, 1994; effective October 30,
1994, Secs. 4357.B.3, 4549.B, 4557, and
4559, as amended September 20, 1994;
effective September 20, 1994, Sec.
4565, as amended July 20, 1991;
effective July 20, 1991, Sec. 4589, as
amended July 20, 1992, effective July
20, 1992, Secs. 536.E and 530.D.2, as
amended November 20, 1992; effective
November 20, 1992.
17. Administrative Stay for LRS 30: et seq, as amended June 14, 1991,
K069 Listing, [56 FR 1995] effective June 14, 1991; LHWR Secs.
May 1, 1991. (Checklist 88). 4901.B Table 1 and 4901.C, as amended
September 20, 1994; effective September
20, 1994.
18. Revision to F037 and F038 LRS 30: 2180 et seq, as amended June 14,
Listings, [56 FR 21955] May 1991, effective June 14, 1991; LHWR
1, 1991. (Checklist 89). Secs. 4901.B Table 1 and 4901.C, as
amended September 20, 1994; effective
September 20, 1994.
19. Mining Exclusion III, [56 LRS 30: 2180 et seq, as amended June 14,
FR 27300] June 13, 1991. 1991, effective June 14, 1991; LHWR Sec.
(Checklist 90). 105.D.17, as amended September 20,
1994; effective September 30, 1994.
20. Administrative Stay for LRS 30: 2180 et seq, as amended June 14,
F032, F034, and F035 1991, effective June 14, 1991; LHWR Sec.
Listings, [56 FR 27332] June 4901.B.Table 1, as amended September
13, 1991. (Checklist 91). 20, 1995; effective September 20, 1995,
Sec. 2805.A, as amended December 20,
1992; effective December 20, 1992.
21. Wood Preserving Listing: LRS 30: 2180 et seq, as amended June 14,
Techical Correction, [56 FR 1991, effective June 14, 1991; LHWR Sec.
30192] July 1, 1991. 4901.B.3.b-B.3.b.iv, as amended March
(Checklist 92). 20, 1995; effective March 20, 1995, Sec.
1109.E.1.a-E.1.e, as amended March 20,
1995; effective March 20, 1995, Secs.
2801.A-B, 2803.A-D, 2804, 2805.A-B, E,
M, 2807.A, and 2809.A-C, as amended
September 20, 1995; effective September
20, 1995, Sec. 532.A.3, A.3.n-p, as
amended March 20, 1995; effective March
20, 1995.
22. Exports of Hazardous LRS 30: 2180 et seq, as amended June 14,
Waste; Technical Correction, 1991, effective June 14, 1991; LHWR Sec.
[56 FR 43704] September 4, 1113.D, G, as amended September 20,
1991. (Checklist 97). 1995; effective September 20, 1995.
23. Coke Ovens Administrative LRS 30: 2180 et seq, as amended June 14,
Stay, [56 FR 43754] 1991, effective June 14, 1991; LHWR Sec.
September 5, 1991. 3001.A, as amended September 20, 1995;
(Checklist 98). effective September 20, 1995.
24. Amendments to Interim LRS 30: 2180 et seq, as amended June 14,
Status Standards for 1991, effective June 14, 1991; LHWR Sec.
Downgradient Ground-Water 109, as amended September 20, 1995;
Monitoring Well Locations at effective September 20, 1995, and Sec.
Hazardous Waste Facilities, 4369.A-A.3.d, as amended March 20, 1995;
[56 FR 66365] December 23, effective March 20, 1995.
1991. (Checklist 99).
[[Page 13780]]
25. Liners and Leak Detection LRS 30: 2180 et seq, as amended June 14,
Systems for Hazardous Waste 1991, effective June 14, 1991; LHWR
Land Disposal Units, [57 FR Secs. 307.A-A.3. and 525.B-C, as
3462] January 29, 1992. amended March 20, 1995; effective March
(Checklist 100). 20, 1995, Secs. 322, and 533.B,D, as
amended September 20, 1995; effective
September 20, 1995, and Sec. 527.C-
C.1.d, E, as amended March 20, 1995;
effective March 20, 1995, Sec. 109, as
amended September 20, 1995; effective
September 20, 1995, Secs. 1504.A-D,
1509.B.4, 1529.B.9, 2903.C-F, J-K,
2904.A-B, and 2906.A-C.4, as amended
March 20, 1995; effective March 20,
1995, Secs. 2907.E.2, and 2911.B.2-B.4,
as amended October 20, 1994; effective
October 20, 1994, Sec. 2303.C-C.5,J, L,
as amended September 20, 1994; effective
September 20, 1994, Secs. 2304.A-B,
2306.A-C.4, 2309.C, 2503.C-H, L-L.4, M-
M.2, 2405.A-B, 2507.D-D.2, and 2508.A-C-
C.4, as amended March 20, 1995;
effective March 20, 1995, Sec.
2521.B.2, as amended September 20, 1995;
effective September 20, 1995, Secs.
4317.B.3, 4320.A-D, and 4357.B.6, as
amended September 20, 1995; effective
September 20, 1995, Secs. 4462.A, C-
C.2, F-G, 4449.A-C, 4451.A-C.4, 4455.B-
B.2, 4457.B-B.3, 4476, 4474.A-C, 4472.A-
C.4, 4470, 4512.A, C-C.2, F-I, 4497.A-C,
4498.A-C.4, and 4502.A-C, as amended
March 20, 1995; effective March 20,
1995, and Sec. 2521,B.2, as amended
September 20, 1995; effective September
20, 1995.
26. Used Oil Filter LRS 30: 2180 et seq, as amended June 14,
Exclusion, [57 FR 21524] May 1991, effective June 14, 1991; LHWR Sec.
20, 1992. (Checklist 104). 105.D, as amended September 20, 1995;
effective September 20, 1995.
27. Coke By-Product LRS 30: 2180 et seq, as amended June 14,
Exclusion, [57 FR 27880] 1991, effective June 14, 1991 LHWR Secs.
June 22, 1992. (Checklist 105.D, and 3001.A, as amended September
105). 20, 1995; effective September 20, 1995.
28. Used Oil Filter LRS 30: 2180 et seq, as amended June 14,
Exclusion; Technical 1991, effective June 14, 1991 LHWR Sec.
Correction, [57 FR 29220] 105.D.46, as amended March 20, 1995;
July 1, 1992. (Checklist effective March 20, 1995.
107).
29. Toxicity Characteristics LRS 30: 2180 et seq, as amended June 14,
Revision; Technical 1991, effective June 14, 1991 LHWR Secs.
Correction, [57 FR 30657] 105.D.16, 105.D.19, and 4512.D.1, as
July 10, 1992. (Checklist amended March 20, 1995; effective March
108). 20, 1995, and Sec. 109 Haz.Waste.2.a,
as amended October 20, 1994; effective
October 20, 1994.
30. Coke By-Product Listings, LRS 30: 2180 et seq, as amended June 14,
[57 FR 37284] August 18, 1991, effective June 14, 1991 LHWR Sec.
1992. (Checklist 110). 4901.B.Table 1, as amended September 20,
1994; effective September 20, 1994, and
Secs. 105.D.44, 4901.C, and
4901.G.Table 6, as amended March 20,
1995; effective March 20, 1995.
31. Recycled Used Oil LRS 30: 2180 et seq, as amended June 14,
Management Standards, [57 FR 1991, effective June 14, 1991; LHWR
41566] September 10, 1992. Secs. 109 used oil, 109 haz.waste.2.e-
(Checklist 112). e.ii, and 4105.C.3-C.4, as amended March
20, 1995; effective March 20, 1995, Sec.
4105.B.4, as amended September 20,
1994; effective September 20, 1994,
Secs. 4105.E, 3001.B.1, 4001, 4003-
4003.B.2.c, 4003.C, 4003.D-D.2, 4003.E-
E.4, 4003.F, 4003.G, 4003.H, 4003.I,
4005, 4005.Table 1, 4007.A, 4007.B,
4007.C-C.2.c, 4009.A-A.4, 4009.B-B.5,
4011.A, 4011.B, 4013-4013.D.4, 4015.A,
4015.B, 4015, 4017-C.3, 4019.A, 4019.B,
4021.B-B.2, 4023.A, 4023.B, 4025.A-A.4,
4025.B, 4025.C, 4025.D-D.5, 4027.A,
4027.B, 4029.A, 4029.B, 4083.B, 4031.A-
A.4, 4031.B, 4031.C-C.5, 4033.A, 4033.B-
B.2, 4033.C-C2, 4033.D, 4035, 4035.A,
4035.B, 4035.C-C2. 4035.D-D.2, 4035.E-
F.2, 4035.G-G.2, 4035.H-H.4, 4037.A-B.5,
4037.C, 4037.D, 4039, 4041.A-A.2, 4041.B-
B.5, 4043.A, 4043.B, 4045.A-A.5,
4045.A.6.a-A.6.B, 4045.b-b.6.i.VII,
4047.a, 4047.B-B.2, 4047.C-C.2, 4049-
4049.H.2.b, 4051-4051.B.3, 4053.A-C,
4055-4055.B.3, 4057, 4059, 4061.A-A.2,
4061.B-B.5, 4061.C, 4063.A-B, 4065.A,
4065.A, 4067.A, 4067.B-B.3, 4067.C-D,
4071.A-B, 4073.A-B, 4075, 4079-4079.B,
4085.A-C, 4087.A-B, 4089, 4091.A,
4091.B, 4093, 105.D.46, 105.D.47,
1501.C.2, 105.D.4, 4001 ``used oil'',
4003.B.2, 4003.B.2.b, 4003.B.2.c,
4003.C, 4003.C.1, 4003.C.1.a,
4003.C.1.b, 4003.C.2, 4003.C.3,
4003.D.1, 4003.E.3.b, 4003.E.4, 4003.I,
4005.Table 1, note, 4007.C.3, 4011.A,
4013, 4015, 4015.A, 4015.B, 4015.C,
4025.A.4, 4025.D.4, 4029.A, 4029.B,
4031.B, 4031.B, 4035, 4035.D.1.b,
4035.D.1.c, 4043.A, 4045.B.6.h.iii,
4049, 4049.A, 4049.C.1.a, 4049.C.2,
4061.B.1, 4069-4069.G.4, 4077.A-C.4,
4081.A-B, 4083.A-B, and 4085.A, as
amended March 20, 1995, effective March
20, 1995.
32. Financial Responsibility LRS 30: 2180 et seq., as amended June 14,
for Third-Party Liability, 1991, effective June 14, 1991; LHWR
Closure and Post-Closure, Secs. 3703.A.8, 3707.F.10, 4403.E.10,
[57 FR 42832] September 16, 4407.E.11, as amended July 20, 1992;
1992, [53 FR 33938], effective July 20, 1992, Secs. 4411.a-
September 1, 1988, and [56 b.7.c, 4411.F.6, 4411.G-G.3, 4411.H-H.5,
FR 30200] July 1, 1991. 4411.I-I.4, 4411.J-J.4, 4411.K, as
(Checklists 113, 113.1, and amended May 20, 1993; effective May 20,
113.2). 1993, Secs. 3719.B, 3719.F-G, 3719.H.1-
H.2, 3719.L, 3719.M.1-2, 3719.N.1-2, and
4399.A.8, as amended July 20, 1992;
effective July 20, 1992, Secs. 3719.I,
1.b.iv, and 3719J.2.d, as amended March
20, 1995; effective March 20, 1995, and
Sec. 3719.K, as amended July 20, 1992;
effective July 20, 1992.
33. Chlorinated Toluene LRS 30: 2180 et seq., as amended June 14,
Production Waste Listing, 1991, effective June 14, 1991; LHWR
[57 FR 47376] October 15, Secs. 4901.C.Table 2, and 4901.G.Table
1992. (Checklist 115). 6, as amended March 20, 1995; effective
March 20, 1995.
34. ``Mixture'' and ``Derived- LRS 30: 2180 st seq., as amended June 14,
From'' Rules; Response to 1991, effective June 14, 1991; LHWR
Court Remand, [57 FR 7628] Secs. 109.haz. waste, 109.haz. waste.1,
March 3, 1992, [57 FR 23062] 109.haz. waste 2, and 109.haz.
June 1, 1992, and [57 FR waste.2.a, as amended October 20, 1994;
49287] October 20, 1992. effective October 20, 1994, Sec.
(Checklists 117A, 117.A.1, 109.haz. waste.2.c, as amended March 20,
and 117A.2. 1995; effective March 20, 1995, Sec.
109.haz. waste.2.d, as amended October
20, 1994; effective October 20, 1994,
Secs. 4905.A.1, 4905.A.2, 4905.A.3,
49805.A.4, and 4905.A.5, as amended July
20, 1992; effective July 20, 1992, Secs.
109.haz. waste.3, 109.haz. waste.3.a,
109.haz. waste.b, 109.haz.waste 3.c,
109.haz. waste.4, and 109.haz. waste.5,
as amended October 20, 1994; effective
October 20, 1994, Secs. 105.D.33,
105.D.33.a, and 105.D.33.b, as amended
September 20, 1994; effective September
20, 1994, Sec. 105.D.33.C, as amended
March 20, 1995; effective March 20,
1995, and Secs. 109.haz. waste.6,
109.haz. waste.6.a, and 109.haz.
waste.6.b, as amended October 20, 1994;
effective October 20, 1994.
[[Page 13781]]
35. Toxicity Characteristic LRS 30: 2180 et seq., as amended June 14,
Revision, [57 FR 23062] June 1991, effective June 14, 1991; LHWR
1, 1992. (Checklist 117B). Secs. 105.D.16, 105.D.19, and 4512.D.1,
as amended March 230, 1995; effective
March 20, 1995, and Sec. 109
haz.waste.2.a, as amended October 20,
1994; effective October 20, 1994.
36. Liquids in Landfills II, LRS 30: 2180 et seq., as amended June 14,
[57 FR 54452] November 18, 1991, effective June 14, 1991; LHWR
1992. (Checklist 118). Secs. 1519.C.3, 2515.A.2, 2515.B, 2515.
C.1.b, 2515.F, 2515.F.1, 2515.F.1.a,
2515.F.1.b-c, 2515.F.2, 2515.F.2.a-b,
2515.E, 2515.E.1-2, 2519.B-C, 4313.F.3,
4507.A.2, 4507.B, 4507.C.1.b, 4507.F,
4507.F.1, 4507.F.1.a-c, 4507.F.2,
4507.F.2.a-b, 4507.G, 4507.G.2, 4511.B,
and 4511.C, as amended March 20, 1995;
effective March 20, 1995.
37. Toxicity Characteristic LRS 30: 2180 et seq., as amended June 14,
Revision; TCLP, [57 FR 1991, effective June 14, 1991; LHWR
55114] November 24, 1992, Secs. Chapters 49, App.B,8.2, 49,
and [58 FR 6854] February 2, App.B,8.2.2, 49, App.B,8.2.2.5, 49
1993. (Checklists 119 and App.B,8.2.2.5.1, 49, App.B,8.2.2.5.2,
119.1). 49, App.B,8.2.2.5.3, 49,
App.B,8.2.2.5.4, and 49, App.B.8.4, as
amended September 20, 1995.
38. Wood Preserving; LRS 30: 2180 et seq., as amended June 14,
Amendments to Listings and 1991, effective June 14, 1991; LHWR Sec.
Technical Requirements, [57 4901.B. Table 1, as amended September
FR 61492] December 24, 1992. 20, 1994; effective September 20, 1994,
(Checklist 120). Sec. 105.D.44, as amended March 20,
1995; effective March 20, 1995,
4901.B.Table 1, as amended September 20,
1994; effective September 20, 1994, Sec.
2801.A, as amended December 20, 1992;
effective December 20, 1992, Secs.
2804, 2804.A-B, 2805.C.3, 2805.I,
2803.A, 2803.B, 2805.A.4, 4591, 2805 J,
2805.C, 2805.B, and 2805.C, as amended
September 20, 1995; effective September
20, 1995.
39. Corrective Action LRS 30:2180 et seq, as amended June 14,
Management Units and 1991, effective June 14, 1991; LHWR
Temporary Units; Corrective Secs. 109, 109 ``landfills'', 109
Action Provisions Under ``misc. unit'', 109 ``remediation
Subtitle C, [58 FR 8658] waste'', 4301.C, 3322.B, 2601.A,
February 16, 1993. 2601.A.1-2, 2601.B.1, 2601.B.1.a-b,
(Checklist 121). 2601.B.2, 2601.C, 2601.C.1-7, 2601.D,
2601.E, 2601.E.1-3, 2601.E.3.a-b,
2601.E.4, 2601.E.4a, 2601.e.4.a.i,
2601.E.4.a.ii, 2601.E.4.b, 2601.E.4.b.i-
iii, 2601.E.4.c, 2601.E.4.c.i, ii, iii,
iv, v, and vi, 2601.E.4.d, 2601.F,
2601.G, 2601.H, 2603.A-B, 2603.B.1-2,
2603.C, 2603.C.1-7, 2603 D, and 2603.E-
G, as amended March 20, 1995, effective
March 20, 1995, Sec. 109.Interim
Status, as amended October 20, 1994;
effective October 20, 1994, Secs. 105,
and 4301.A & C, as amended September 20,
1994; effective September 20, 1994, and
Sec. 4307, as amended March 20, 1984;
effective March 20, 1984.
40. Recycled Used Oil LRS 30: 2180 et seq, as amended June 14,
Management Standards; 1991, effective June 14, 1991; LHWR
Technical Amendments and Secs. 109 used oil, 109 haz. waste.2.e-
Corrections, [58 FR 26420] e.ii, and 4105.C.3-C.4, as amended March
May 3, 1993, and [58 FR 20, 1995; effective March 20, 1995, Sec.
33341] June 17, 1993. 4105.B.4, as amended September 20,
(Checklists 122 and 122.1). 1994; effective September 20, 1994,
Secs. 4105.E, 3001.B.1, 4001, 4003-
4003.B.2.c, 4003.C, 4003.D-D.2, 4003.E-
E.4, 4003.F, 4003.G, 4003.H, 4003.I,
4005, 4005.Table 1, 4007.A, 4007.B,
4007.C-C.2.c, 4009.A-A.4, 4009.B-B.5,
40011.A, 4011.B., 4013-4013.D.4, 4015.A,
4015.B, 4015, 4017-C.3, 4019.A, 4019.B,
4021.A, 4021.B-B.2, 4023.A, 4023.B,
4025.A-A.4, 4025.B, 4025.C, 4025.D-D.5,
4027.A, 4027.B, 4029.A, 4029.B, 4083.B,
4031.A-A.4, 4031.B, 4031.C-C.5, 4033.A,
4033.B-B.2, 4033.C-C.2, 4033.D, 4035,
4035.A, 4035.B, 4035.C-C.2, 4035.D-D.2,
4035.E-F.2, 4035.G-G.2, 4035.H-H.4,
4037.A-B.5, 4037.C, 4037.D, 4039, 4041.A-
A.2, 4041.B-B.5, 4043.A, 4043.B, 4045.A-
A.5, 4045.A.6.a-A.6.B, 4045.b-b.6.i.VII,
4047.a, 4047.B-B.2, 4047.C-C.2, 4049-
4049.H.2.b, 4051-4051.B.3, 4053.A-C,
4055-4055.B.3, 4057, 4059, 4061, 4061.A-
A.2, 4061.B-B.5, 4061.C, 4063.A-B,
4065.A, 4065.A, 4067.A, 4067.B-B.3,
4067.C-D, 4071.A-B, 4073.A-B, 4075, 4079-
4079.B, 4085.A-C, 4087.A-B, 4089,
4091.A, 4091.B, 4093, 105.D.46,
105.D.47, 1501.C.2, 105.D.4, 4001 ``used
oil'', 4003.B.2, 4003.B.2.b, 4003.B.2.c,
4003.C, 4003.C.1, 4003.C.1.a,
4003.C.1.b, 4003.C.2., 4003.C.3,
4003.D.1, 4003.E.3.b, 4003.E.4., 4003.I,
4005.Table 1, note, 4007,C.3, 4011.A,
4013, 4015, 4015.A, 4015.B, 4015.C,
4025.A.4, 4025.D.4, 4029.A, 4029.B,
4031.B, 4031.B, 4035, 4035.D.1.b,
4035.D.1.c, 4043.A, 4045.B.6.h.iii,
4049, 4049.A, 4049.C.1.a, 4049.C.2,
4061.B.1, 4069-4069.G.4, 4077.A-C.4,
4081.A-B, 4083.A-B, and 4085.A, as
amended March 20, 1995, effective March
20, 1995.
------------------------------------------------------------------------
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 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
Hazardous and Solid Waste Amendments. 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 sections 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
[[Page 13782]]
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: March 20, 1996.
Jane N. Saginaw,
Regional Administrator.
[FR Doc. 96-7604 Filed 3-27-96; 8:45 am]
BILLING CODE 6560-50-P
