95-8876. Louisiana; Final Authorization of State Hazardous Waste Management Program Revisions  

  • [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]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
1/23/1995
Published:
04/11/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Immediate final rule; administrative correction.
Document Number:
95-8876
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.
Pages:
18360-18361 (2 pages)
PDF File:
95-8876.pdf
CFR: (1)
40 CFR 271