Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5127-6]

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 for

revisions to its hazardous waste program under the Resource

Conservation and Recovery Act. The Environmental Protection Agency

(EPA) reviewed Louisiana's application and decided 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 the Hazardous and Solid Waste Amendments of

1984. Louisiana's application for the program revision is available for

public review and comment.

DATES: This Final Authorization for Louisiana shall be effective March

8, 1995, 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

February 6, 1995.

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 EPA, Region 6 Library, 12th

Floor, First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue,

Dallas, Texas 75202, phone (214) 665-6444. Written comments, referring

to Docket Number LA-95-2, should be sent to Alima Patterson,

Authorization Coordinator, Grants and Authorization Section (6H-HS),

RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at

Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-8533.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Authorization

Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs

Branch, U.S. EPA Region 6, First Interstate Bank Tower at Fountain

Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization 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 124, 260-268, and 270.

B. Louisiana

Louisiana initially received Final Authorization, effective

February 7, 1985 (see 50 FR 3348), to implement its base hazardous

waste management program. Louisiana received authorization for

revisions to its program effective January 29, 1990 (see 54 FR 48889),

and October 25, 1991 (see 56 FR 41958), Corrections at (56 FR 51762)

and effective January 23, 1995 (see 59 FR 55368-55371). On December 7,

1994, 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 LDEQ's application, and made an immediate final

decision that LDEQ's hazardous waste program revision satisfies all of

the requirements necessary to qualify for Final Authorization.

Consequently, EPA intends to grant Final Authorization for the

additional program modifications to the State. The public may submit

written comments on EPA's final decision until February 6, 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 that either affirms that the immediate final decision takes

effect or reverses the decision.

Louisiana's program revision application includes State regulatory

changes that are at least 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 through June 30,

1988. 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. Listing of Spent Pickle Liquor (062), [51 FR 19320] Louisiana Statutes (LRS) 30: Sec. 2180 et seq, as

May 28, 1986. (Checklist 26). amended June 14, 1991, effective June 14, 1991;

Louisiana Hazardous Waste Regulations (LHWR) Sec.

4901.C. Table 2, as amended September 20, 1994,

effective September 20, 1994.

2. List (Phase 1) of Hazardous Constituents for Ground- LHWR Sec. 3319.F. as amended July 20, 1990; effective

Water Monitoring, [52 FR 25942] September 7, 1987. July 20, 1990; LHWR Sec. 3325 Table 4, as amended

(Checklist 40). November 20, 1992; effective November 20, 1992; Sec.

520.D.2, as amended November 20, 1992; effective

November 20, 1992.

3. Identification and Listing of Hazardous Waste LHWR Sec. 4901.E-F, as amended September 20, 1994;

(Container/Inner Liner Correction), [52 FR 26012] effective September 20, 1994; LHWR Sec. 3105. Table 1,

October 10, 1987. (Checklist 41). as amended September 20, 1994; effective September 20,

1994.

4. Liability Requirements for Hazardous Waste LHWR Sec. 3715.G.2-3, as amended July 20, 1992;

Facilities; Corporate Guarantee, [52 FR 44314] effective July 20, 1992; LHWR Sec. 3719.H.2, as

November 18, 1987. (Checklist 43). amended July 20, 1992; effective July 20, 1992; LHWR

Sec. 4411.G.2-3, as amended July 20, 1992; effective

July 20, 1992.

5. Hazardous Waste Miscellaneous Units, [52 FR 46946] LHWR Sec. 3301.E, as amended September 20, 1994;

December 10, 1987. (Checklist 45). effective September 20, 1994; LHWR Sec. 109, as

amended October 20, 1994; effective October 20, 1994;

LHWR Sec. 1501.A, as amended November 20, 1992;

effective November 20, 1992; LHWR Sec. 1509.B.4, as

amended November 20, 1992; effective November 20,

1992; LHWR Sec. 1503.B.3.a.ii, as amended November 20,

1992; effective November 20, 1992; LHWR Sec. 1529.B.9,

as amended September 20, 1994; effective November 20,

1994; LHWR Sec. 3301.E, as amended September 20, 1994;

effective September 20, 1994; LHWR Sec. 3507.C, as

amended November 20, 1992; effective November 20,

1992; LHWR Sec. 3511.A.2, as amended December 20,

1992; effective December 20, 1992; Sec. 3515, as

amended July 20, 1990; effective July 20, 1990; LHWR

Sec. 3521.A.1.a-b, as amended May 20, 1990; effective

May 20, 1990; LHWR Sec. 3523.B.1-2.b, as amended

November 20, 1992; effective November 20, 1992; LHWR

Sec. 3705.A, as amended July 20, 1992; effective July

20, 1992; LHWR Sec. 3709.A, as amended May 20, 1990,

effective May 20, 1990; LHWR Sec. 3715.B, as amended

July 20, 1992; effective July 20, 1992; Sec. 3201, as

amended May 20, 1990; effective May 20, 1990; LHWR

Sec. 3203-C.7, as amended May 20, 1990; effective May

20, 1990; LHWR Sec. 3205, as amended November 20,

1992; effective November 20, 1992; LHWR Sec. 3207, as

amended November 20, 1992; effective November 20,

1992; LHWR Sec. 517.G, as amended November 20, 1992;

effective November 20, 1992; LHWR Sec. 517.M, as

amended November 20, 1992; effective November 20,

1992; LHWR Secs. 534-34.E, as amended May 20, 1990;

effective May 20, 1990.

6. Technical Correction; Identification and Listing of LHWR Sec. 4901.E-F, as amended September 20, 1994;

Hazardous Waste, [53 FR 13382] April 22, 1988. effective September 20, 1994; and LHWR Sec. 3105.

(Checklist 46). Table 1, as amended September 20, 1994; effective

September 20, 1994.

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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 LDEQ's application for a program revision meets the

statutory and regulatory requirements established by RCRA. Accordingly,

LDEQ 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 LDEQ's program and for incorporation by reference of those

provisions of its 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 6 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 materials 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: December 14, 1994.

William B. Hathaway,

Acting Regional Administrator.

[FR Doc. 94-31615 Filed 12-22-94; 8:45 am]

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