[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18360-18361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8876]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
Louisiana; Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule; administrative correction.
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SUMMARY: This document corrects administrative errors published in a
Federal Register (FR) document on January 23, 1995. That document
contained EPA's response to public comments received during the public
review and comment period of an immediate final rule EPA published in
the FR on November 7, 1994, and affirmed the Agency's prior decision to
grant final authorization to the Louisiana Department of Environmental
Quality (LDEQ) effective January 23, 1995.
DATES: This correction of administrative errors in the FR document
published by EPA to respond to public comments received regarding
LDEQ's final authorization [60 FR 4380, January 23, 1995], affirms the
Agency's immediate final rule previously published [59 FR 55368,
November 7, 1994], and notifies the public that the final authorization
was effective January 23, 1995.
FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 Authorization
Coordinator, Grants and Authorization Section, RCRA Programs Branch,
U.S. EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445
Ross Avenue, Dallas, Texas 75202, phone (214) 665-8528.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 1994, EPA published a FR document granting final
authorization to LDEQ for most rules referred to by EPA as Hazardous
and Solid Waste Amendments of 1984 (HSWA) Cluster I. EPA received
adverse written comments during the public review and comment period
associated with that document. On January 23, 1995, EPA published a
second FR document with its response to the comments, and affirmed its
decision to grant authorization to LDEQ for the published rules. After
publication, EPA realized it published a draft version of the FR
document which contained language deleted or modified in the final
version. To correct this administrative error, and for the convenience
of the reader, EPA is hereby publishing corrections to the prior FR
document that affirmed the Agency's immediate final rule implementing
final authorization to LDEQ, effective January 23, 1995.
Correction of Publication
On page 4380, in the last column, in the first paragraph under
SUMMARY, the last sentence is corrected to read ``As such, EPA
published an immediate final rule in the Federal Register (FR) on
November 7, 1994, with a 45-day public review and comment period, to be
effective on January 23, 1995.''
On page 4381, in the first column, in the first paragraph under
Response to Public Comments, the second sentence is corrected to read
``One supplied LDEQ with an independent environmental audit report of
conditions at Bayou Steel to support both commentors' claims, and the
commentor believed LDEQ's lack of enforcement response to those and
other complaints demonstrated the State's inability to take on
additional program revisions, and unwillingness to appropriately
address complaints.''
The third sentence in the same paragraph is corrected to read
``Also, the commentors questioned whether LDEQ had adequate resources
to enforce the RCRA corrective action provisions in this program
revision.''
The second paragraph under Response to Public Comments is corrected
to read ``EPA reviewed the commentors' assertions and LDEQ's actions
regarding complaints about Bayou Steel. EPA noted LDEQ's files
contained numerous complaints regarding Bayou Steel's activities,
including those from the commentors. The files showed LDEQ initiated
investigations to address all but one complaint within seven days of
receipt, and in that instance the investigation was initiated within
seven days of a records review. State records further revealed that
LDEQ investigated all Bayou Steel complaints in an appropriate and
timely manner. LDEQ's inspection reports were in permanent files and
available for public review. Copies of requested portions of the files
were available to the public.''
In the third paragraph under Response to Public Comments, the first
sentence is corrected to read ``State records also showed that the
various Divisions of LDEQ had conducted 29 inspections at Bayou Steel
since 1993.''
In the third paragraph under Response to Public Comments, the
second sentence is corrected to read ``Some resulted in enforcement
actions, including penalties, for the facility's violations of
Louisiana's environmental regulations.''
The fourth paragraph under Response to Public Comments is corrected
to read ``EPA determined that LDEQ has adequate resources to take on
the additional portions of RCRA included in this program revision. As
noted above, various LDEQ Divisions conducted numerous inspections at
Bayou Steel since 1993, dedicating significant resources to the
inspections. These inspections, covering all media, were in addition to
inspections and investigations performed by LDEQ at other facilities in
the State. Because of the number and variety of complaints LDEQ
received regarding Bayou Steel, LDEQ requested that EPA, with its
authority, resources, and experience, perform a complete multi-media
facility inspection. EPA considered this an appropriate referral. EPA
conducted the Bayou Steel multi-media inspection in June 1994. After
EPA completed and analyzed the inspection and sampling reports, it
recognized the need for additional information on Bayou Steel's waste
management practices. This detailed and thorough investigation is
almost complete, and EPA will issue a report of the results in the
future. Until the report is complete, EPA will not be able to present
any findings regarding the facility.''
The fifth paragraph under Response to Public Comments is corrected
to read ``Additionally, some complaints to the State about Bayou Steel
concerned LDEQ's lack of sufficient resources to enforce RCRA's
prohibition of unlicensed burial of hazardous waste. The commentor
wrote that LDEQ admitted it lacked sufficient resources to enforce RCRA
corrective action requirements. At the time of LDEQ's inspections of
the facility, EPA had not authorized the State to regulate or address
waste subject to Federal corrective action authority under HSWA in lieu
of EPA.''
The ninth paragraph under Response to Public Comments is corrected
to read ``EPA considered Louisiana's `de novo review' provision not to
be the same as `trial de novo' (new trial) recognized and defined in
the Pardue Court, but that under the de novo review provisions the
reviewing court can exercise only appellate jurisdiction (review of the
record). The Louisiana legislature enacted laws that authorize only the
Secretary of LDEQ to grant or deny permits, not the judiciary.
Louisiana Revised Statutes, (R.S.) Sec. 30:2011(D)(2). Additionally,
R.S. [[Page 18361]] Sec. 30:2014(A) provides, in part, that the
Secretary shall act as the primary public trustee of the environment,
and shall consider and follow the will and intent of the Louisiana
Constitution and Louisiana statutory law in making any determination
relative to the granting or denying of permits. This matter is also
clarified in LDEQ's revised Program Description, which refers to the
review as a `de novo review of the record.''
In the tenth paragraph under Response to Public Comments, the third
sentence is corrected to read ``The commentor alleged LDEQ argued that
the courts have jurisdiction to review its decisions only when the
decision resulted from an LDEQ mandatory adjudicatory hearing.''
In the tenth paragraph under Response to Public Comments, the fifth
sentence is corrected to read ``Thus, none of LDEQ's hazardous waste
permitting decisions, with the possible exception of commercial
treatment, storage, or disposal facility permits, would be subject to
judicial review.''
In the tenth paragraph under Response to Public Comments, the sixth
sentence is corrected to read ``However, EPA considered this issue
resolved by the Louisiana Supreme Court in Matter of American Waste and
Pollution Control Co., 642 So.2d 1258 (La 1994), where the Court ruled
that LDEQ decisions are appealable whether or not they result from a
mandatory adjudicatory hearing.
On page 4382, in the twelfth paragraph under Response to Public
Comments, the third sentence is corrected to read ``In addition, EPA
retains Federal enforcement authority under RCRA Secs. 3008(h) and
7003.''
In the fourteenth paragraph under Response to Public Comments, the
second sentence is corrected to read ``Even then, EPA will retain the
authority to enforce against violators, even in an authorized State,
under RCRA Secs. 3008(h) and 7003.''
In the fifteenth paragraph under Response to Public Comments, the
first sentence is corrected to read ``EPA has reevaluated its decision
to approve this final authorization for revision to the State's
hazardous waste program, and revisited all pertinent documentation,
including the authorization application with revised Program
Description, and several EPA mid-year and end-of-year evaluation
reports on LDEQ.''
Finally, in the fifteenth paragraph under Response to Public
Comments, the third sentence is corrected to read ``EPA hereby affirms
its decision to approve this final authorization, which was effective
January 23, 1995.''
Dated: March 29, 1995.
Jane N. Saginaw,
Regional Administrator.
[FR Doc. 95-8876 Filed 4-10-95; 8:45 am]
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