[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Rules and Regulations]
[Pages 23-28]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33158]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6923-5]
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
its revisions to its Hazardous Waste Program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
get written comments which oppose this authorization during the comment
period, the decision to authorize the State of Louisiana Department of
Environmental Quality's (LDEQ) changes to their hazardous waste program
will take effect. If we get comments that oppose this action, we will
publish a document in the Federal Register (FR) withdrawing this rule
before it takes effect and a separate document in the proposed rules
section of this Federal Register will serve as a proposal to authorize
the changes.
DATES: This immediate final rule is effective March 5, 2001 unless EPA
receives adverse written comments by February 1, 2001. If EPA receives
such comments, it will publish a timely withdrawal of this immediate
final rule in the Federal Register and inform the public that this
authorization will not take effect.
ADDRESSES: Written comments, referring to Docket Number LA-00-2 should
be sent to Alima Patterson Region 6 Regional Authorization Coordinator,
Grants and Authorization Section (6PD-G), Multimedia Planning and
Permitting Division, EPA Region 6, 1145 Ross Avenue, Dallas, Texas
75202-2733. 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, (225)765-0397 and EPA, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States that receive final authorization from EPA under RCRA Section
3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program
that is equivalent to, consistent with, and no less stringent than the
Federal Hazardous Waste Program. As the Federal program changes, States
must change their programs and ask EPA to authorize the changes.
Changes to State programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must change their programs because
of changes to EPA's regulations in 40 Code of Federal Regulations (CFR)
parts 124, 260-266, 268, 270, 273, and 279.
B. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Louisiana subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent federal requirements in order to comply with
RCRA. Louisiana has enforcement responsibilities under its state
hazardous waste program for violations of such program, but EPA retains
its authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to: (1) Do inspections, and require
monitoring, tests, analyses or reports, (2) enforce RCRA requirements
and suspend or revoke permits, and (3) take enforcement actions
regardless of whether the State has taken its own actions. This action
does not impose additional requirements on the regulated community
because the regulations for which Louisiana is being authorized by
today's action are already effective, and are not changed by today's
action.
C. What Is the History of Louisiana's Final Authorization and Its
Revisions?
The State of Louisiana initially received final authorization on
February 7, 1985 (50 FR 3348), to implement its base Hazardous Waste
Management Program. Louisiana received authorization for revisions to
its program on January 29, 1990 (54 FR 48889); August 26, 1991 (56 FR
41958) August 26, 1991, November 7, 1994 (59 FR 55368) effective
January 23, 1995; December 23, 1994 (59 FR 66200) effective March 8,
1995; there were technical corrections made on January 23, 1995 (60 FR
4380), effective January 23, 1995 and another technical correction was
made on April 11, 1995 (60 FR 18360). We authorized the additional
following revisions: October 17, 1995 (60 FR 53704) effective January
2, 1996; March 28, 1996 (61 FR 13777) effective June 11, 1996; December
29, 1997 (62 FR 67572) effective March 16, 1998; October 23, 1998 (63
FR 56830) effective December 22, 1998; August 25, 1999 (64 FR 46302)
effective October 25, 1999; September 2, 1999 (64 FR 48099) effective
November 1, 1999; and February 28, 2000 (65 FR 10411) effective April
28, 2000. On September 1, 2000, Louisiana applied for approval of its
program revisions for RCRA Cluster IX. In this application, Louisiana
is seeking approval of RCRA Cluster IX in accordance with 40 CFR
271.21(b)(3).
Since 1979, the State of Louisiana, through the Louisiana
Department of Natural Resources, has conducted an effective program
designed to regulate those who generate, transport, treat, store,
dispose or recycle hazardous waste. During the 1983, Regular Session of
the Louisiana Legislature, Act 97 was adopted which amended and
reenacted Louisiana Revised Statutes (LRS) 30:1051 et seq., or the
Environmental Affairs Act. This Act created the new Department. During
the 1999 Regular Session of Louisiana Legislature, Act 303 revised the
LRS 30:2011 et seq., allowing Department of Environmental Quality
(LDEQ) to re-engineer the Department to perform more efficiently and to
meet its strategic goals.
Act 97, which amended and reenacted LRS 30:1051 et seq., or the
Environmental Affairs Act, transferred the duties and previous
responsibilities delegated to the Department of Natural Resources,
Office of Environmental Affairs, to the new Department. The LDEQ and
the Department of Natural Resources, Office of Conservation, has a
memorandum of understanding that outlines the protocol for activities
[[Page 24]]
associated with the exploration, development, or production of oil,
gas, or geothermal resources. The LDEQ has lead agency jurisdictional
authority for administering the RCRA Subtitle C program in Louisiana.
Also the LDEQ is designated to facilitate communication between the EPA
and the State.
The State law governing the generation, transportation, treatment,
storage and disposal of hazardous waste can be found in LRS 30:2171-
2205. This part may be cited as the ``Louisiana Hazardous Waste Control
Law.'' The laws governing hazardous waste should be viewed as part of
larger framework of environmental laws specified in Title 30, Subtitle
II Louisiana Revised Statutes. The State of Louisiana has adopted the
Federal regulations for Cluster IX promulgated from July 1, 1998,
through June 30, 1999; the State of Louisiana regulations became
effective March 20, 1999, February 20, and July 20, 2000.
D. What Changes Are We Authorizing With Today's Action?
Louisiana applied for final approval of its revision to its
hazardous waste program in accordance with 40 CFR 271.21. Louisiana's
revisions consist of regulations which specifically govern RCRA Cluster
IX rules. Louisiana requirements are included in a chart with this
document. The EPA is now making a final decision, subject to receipt of
written adverse comments that oppose this action, that Louisiana's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Therefore, we grant
Louisiana final authorization for the following program revisions:
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Federal citation State analog
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1. Petroleum Refining Process Wastes, Louisiana Revised States (LRS)
[63 FR 42110] August 6, 1998. 30: Sec. 2180 et seq, as
(Checklist 169). amended June 14, 1991,
effective June 14, 1991;
Louisiana Hazardous Waste
Regulations (LHWR) Secs.
109.Hazardous Waste.2.d.iii,
109.Hazardous
Waste.4.b.ii.(b),109.Hazardous
Waste.4.e, amended March 20,
1999, effective March 20,
1999; 105.D.1.l.i, amended
February 20, 2000, effective
February 20, 2000;
105.D.1.l.ii, 105.D.1.r,
105.D.1.r.i, amended March 20,
1999, effective March 20,
1999; 105.D.1.r.ii, amended
February 20, 2000, effective
February 20, 2000; 105.D.1.s,
amended March 20, 1999,
effective March 20, 1999;
4105.B.11, amended September
20, 1996, effective September
20, 1996; 4105.B.12,
4901.B.b.Table 1, 4901.C.Table
.2, 4901.G.Table 6, 2218.A ,
2218.B, 2218.B.1, 2218.B.2,
2218.B.3, 2218.B.4, amended
March 20, 1999, effective
March 20, 1999; 3001.B.3,
amended September 20, 1999,
effective September 20, 1999;
2218.B.5, 2218.C, and Chapter
22.Table 2, amended March 20,
1999, effective March 20,
1999. LAC 33:V.3001.B.3 is
more stringent than 40 CFR
266.100(b)(3) because LDEQ
does not acknowledge
conditionally exempt small
quantity generators. If a
person generates ``greater
than 100 kg of hazardous waste
but less than 1000 kg'' in
this state, the generator is
the equivalent of a large
quantity generator and would
follow the more stringent
regulations for LQG.
2. Land Disposal Restrictions Phase IV-- LRS 30:2180 et seq, as amended
Zinc Micronutrient Fertilizers, June 14, 1991, effective June
Amendment [63 FR 46332] August 31, 14, 1991; LHWR Secs.
1998. (Checklist 170). 109.Solid Waste.3.c amended
March 20, 1999, effective
March 20, 1999; 109.Solid
Waste.Table 1, amended March
20, 1999, effective March 20,
1999; 109.Solid Waste.5.a.iii,
amended February 20, 2000,
effective February 20, 2000;
105.D.1.p, amended March 20,
1999, effective March 20,
1999; 105.D.1.p.v, amended
February 20, 2000, effective
February 20, 2000;
105.D.2.h.iii, amended
February 20, 2000, effective
February 20, 2000;
105.D.2.h.iii.(a), amended
February 20, 2000, effective
February 20, 2000; 1109.E.1.e,
amended September 20, 1998,
effective September 20, 1998;
2203.A.Hazardous Debris,
amended February 20, 2000,
effective February 20, 2000;
2203.A. Soil, amended February
20, 2000, effective February
20, 2000; 2245.Generator
Paperwork Requirements Table,
amended February 20, 2000,
effective February 20, 2000;
2247.B.2.a, amended March 20,
1999, effective March 20,
1999; 2247.C.4, amended
February 20, 2000, effective
February 20, 2000; 2246.D.2,
amended February 20, 2000,
effective February 20, 2000;
2246.D.3, amended February 20,
2000, effective February 20,
2000; 2223.I, amended February
20, 2000, effective February
20, 2000; 2223.J, amended
March 20, 1999, effective
March 20, 1999; Chapter
22.Table 2, amended February
20, 2000, effective February
20, 2000; Chapter 22.Table 7,
amended February 20, 2000,
effective February 20, 2000;
2236.C, amended March 20,
1999, effective March 20,
1999; 2236.C.3.a, amended
February 20, 2000, effective
February 20, 2000; and
2236.C.3.b, amended February
20, 2000, effective February
20, 2000.
[[Page 25]]
3. Emergency Revisions of the Land LRS 30:2180 et seq, as amended
Disposal Restrictions (LDR) Treatment June 14, 1991, effective June
Standards for Listed Hazardous Wastes 14, 1991; LHWR Secs.
from Carbamate Production, [63 FR 109.Solid Waste.3.c, amended
47410] September 4, 1998. (Checklist March 20, 1999, effective
171). March 20, 1999; 109.Solid
Waste. Table 1, amended March
20, 1999, effective March 20,
1999; 109.Solid Waste.5.a.iii,
amended February 20, 2000,
effective February 20, 2000;
105.D.1.p, amended March 20,
1999, effective March 20,
1999; 105.D.1.p.v, amended
February 20, 2000, effective
February 20, 2000;
105.D.2.h.iii, amended
February 20, 2000, effective
February 20, 2000;
105.D.2.h.iii.(a), amended
February 20, 2000, effective
February 20, 2000; 1109.E.1.e,
amended September 20, 1998,
effective September 20, 1998;
2203.A, Hazardous Debris,
amended February 20, 2000,
effective February 20, 2000;
2203.A. Soil amended February
20, 2000, effective February
20, 2000; 2245.Generator
Paperwork Requirements Table
amended February 20, 2000,
effective February 20, 2000;
2247.B.2.a, amended March 20,
1999, effective March 20,
1999; 2247.C.4, 2246.D.2,
2246.D.3, 2223.G; 2223.H,
amended February 20, 2000,
effective February 20, 2000;
2223.J, amended March 20,
1999, effective March 20,
1999; Chapter 22. Table 2
amended February 20, 2000,
effective February 20, 2000;
Chapter 22. Table 7, amended
February 20, 2000, effective
February 20, 2000; 2236.C,
amended March 20, 1999,
effective March 20, 1999;
2236.C.3.a, amended February
20, 2000, effective February
20, 2000; and 2236.C.3.b,
amended February 20, 2000,
effective February 20, 2000.
4. Land disposal Restrictions Phase IV- LRS 30:2180 et seq, as amended
Extension of Compliance Date for June 14, 1991, effective June
Characteristic Slags, [63 FR 48124] 14, 1991; LHWR Secs. 2216.B,
September 9, 1998. (Checklist 172). 2216.C, 2216.D, 2216.E,
2216.F, amended March 20,
1999, effective March 20,
1999.
5. Land Disposal Restrictions; LRS 30:2180 et seq, as amended
Treatment Standards for Spent June 14, 1991, effective June
Potliners from Primary Aluminum 14, 1991; LHWR Secs.
Reduction (K088); Final Rule, [63 FR 2221.F.3, amended February 20,
51254] September 24, 1998. (Checklist 2000, effective February 20,
173). 2000; and Chapter 22. Table 2,
amended February 20, 2000,
effective February 20, 2000.
6. Post-Closure Permit Requirement and LRS 30:2180 et seq, as amended
Closure Process, [63 FR 56710] October June 14, 1991, effective June
22, 1998. (Checklist 174). 14, 1991; LHWR Secs. 305. A,
305.H, 519, 528, 3301.F,
3301.G., 3301.G.1, 3301.G.2,
3501.D, 3501.D.1, 3501.D.2,
3511.B.8, 3511.C.5, 3523.B.4,
3523.D.2.d, 3701.D, 3701.D.1,
3701.D.2, 4367.E, 4367.E.1,
4367.E.2, 4377.C, 4377.D,
4377.D.1, 4377.D.2, 4381.B.8,
4381.C.1.d, 4391.C.4,
4391.C.5, 4391.D.1.c, 4396.A,
4396.A.1, 4396.A.2, 4396.A.3,
4396.B.1, 4396.B.1.a,
4396.B.1.b, 4396.B.1.c,
4396.B.2, 4396.B.3, 4397.D,
4397.D.1, and 4397.D.2,
amended March 20, 1999,
effective March 20, 1999.
7. Hazardous Remediation Waste LRS 30:2180 et seq, as amended
Management Requirements (HWIR-Media), June 14, 1991, effective June
[63 FR 65874] November 30, 1998 14, 1991; LHWR Secs. 109,
(Checklist 175). amended March 20, 1984,
effective March 20, 1984, 109.
Corrective Action Management
Unit (CAMU), 109.
Miscellaneous Unit, 109.
Remediation Waste, 109.
Remediation Waste Management
Site, 109. Staging Pile,
105.D.9, 105.D.9.a,
105.D.9.b.i, 105.D.9.b.ii,
105.D.9.b.iii, 1501.H,
1501.H.1,1501.H.2, 1501.H.3,
1501.H.3.i, 1501.H.3.ii,
1501.H.4, 1501.H.5, 1501.H.6,
1501.H.7, 1501.H.8, 1501.H.9,
1501.H.10, 1501.H.11,
1501.H.12, 1501.H.13,
1529.B.20, 3322.E, 2601.A,
2601.A.1, 2601.A.2, 2603.A,
2605, 2605.A, 2605.B, 2605.C,
2605.C.1, 2605.C.2, 2605.C.3,
2605.D, 2605.D.1, 2605.D.1.a,
2605.D.1.b, 2605.D.1.c,
2605.D.2, 2605.D.2.a,
2605.D.2.b, 2605.D.2.c,
2605.D.2.d, 2605.D.2.e,
2605.D.2.f, 2605.E.
[[Page 26]]
Checklist 175 Conds.................... 2605.E.1, 2605.E.1.a,
2605.E.1.b, 2605.E.2, 2605.F,
2605.F.1, 2605.F.2, 2605.F.3,
2605.G, 2605.H, 2605.I,
2605.I.1, 2605.I.1.a,
2605.I.1.b, 2605.I.2, 2605.J,
2605.J.1, 2605.J.1.a,
2605.J.1.b, 2605.J.1.c,
2605.J.2, 2605.J.3, 2605.K,
2605.K.1, 2605.K.2, 2605.L,
2605.L.1, 2605.L.1.a,
2605.L.1.b, 2605.L.2,
2605.L.3, 2605.L.4, 2605.M,
4301.B, 2203.A. Land Disposal,
2205.H,513.A.1, 513.A.2,
322.D.3.g, 322.N.3, 540,
4305.F.1, 545, 550.A, 550.B,
550.C, 550.D, 550.D.1,
550.D.2, 550.E, 550.F, 555.A,
555.A.1, 555.A.2, 555.B,
555.C, 560,565; 565; 570; 575,
580,570, 575, 580.A,580.A.1,
580.A.2, 580.A.3, 580.A.4,
580.A.5,.a, 580.A.5.b,
580.A.5.c, 580.A.6,
580.A.6.a,580.A.6.b,
580.A.6.c, 580.A.7, 580.A.8,
580.A.9,585, 590, 595, 600.A,
600.B, 605, 605.A, 605.A.1,
605.A.2, 605.A.2.a, 605.A.2.b,
606.A.2.c, 605.A.3, 610.A,
610.A.1, 610.A.2, 610.A.2.a,
610.A.2.b, 610.A.2.c,
610.A.2.d, 610.A.3, 615.A,
615.A.1, 615.A.2, 615.A.3,
615.A.4, 615.B, 615.C,
615.C.1, 615.C.2, 615.C.3,
615.C.4, 615.C.5, 615.C.6,
615.C.7, 615.C.B.615.C.9,
615.D, 15.D.1, 615.D.2,
615.D.3, 620.A, 620.B, 620.C,
620.D, 620.E, 620.F, 620.F.2,
620.F.3, 620.F.4, 620.F.5,
620.F.6, 620.F.7, 620.G,
amended February 20, 2000,
effective February 20, 2000;
625.A, 625.B, 630, 630.A,
630.C, 630.1.A, 630.A.2
630.A.3, 635, and 640, amended
July 20, 2000, effective July
20, 2000; 645.A, 645.A.1,
645.A.2, 645.A.3, 645.A.4,
645.A.5, 645.A.6, 645.A.7,
645.A.8, 645.B, 645.C, 650.A,
650.B, 655, amended February
20, 2000, effective February
20, 2000; 660.A, 660.B,
amended July 20, 2000,
effective July 20, 2000; 665,
670, 675, 680.A, 680.A.1,
680.A.2, 685.A, 685.B, 685.C,
690.A, 690.B, 695,
695.A,699.B, 699.C, 699.D,
699.D.1, 699.D.2, 699.D.3,
699.D.4, 699.E,699.E.1, and
699.E.2, amended February 20,
2000, effective February 20,
2000 and LA R.S. 30:2024(A) as
amended July 20, 2000,
effective July 20, 2000.
8. Universal Waste Rule--Technical LRS 30:2180 et seq, as amended
Amendment, [63 FR 71225] December 24, June 14, 1991, effective June
1998. (Checklist 176). 14, 1991; LHWR Secs. 4145.A,
4145.A. Table 4145.B,
4145.B.1, 4145.B.1.a,
4145.B.1.b, 4145.B.1.c,
4145.B.1.d, 4145.B.1.e,
4145.B.1.f, 4145.B.1.g,
4145.B.1.b, 4145.B.1.c,
4145.B.1.d, 4145.B.1.e,
4145.B.1.f, 4145.B.1.g,
4145.B.2.a, 4145.B.2.b,
4145.B.2.c, 4145.B.2.d,
4145.B.2.e, 4145.B.2.f,
4145.B.2.g, 3813. Small
Quantity Handler of Universal
Waste, amended February 20,
2000, effective February 20,
2000.
9. Organic Air Emission Standards: LRS 30:2180 et seq, as amended
Clarification and Technical June 14, 1991, effective June
Amendments, [64 FR 3382] January 21, 14, 1991; LHWR Secs.
1999. (Checklist 177). 1109.E.1.a.i, 1109.E.1.a.ii,
1703. Equipment 1703. Open-
ended valve or line, 1703.
Sampling Connection System,
1747.B.5, 1747.A.1.a,
1753.A.1.b, 1753.B.1.a,
1753.B.1.b, 1755.H.3,
1755.H.3.a, 1755.H.3.b,
1759.E.6, 4727B.1.a,
4727.B.1.b February 20, 2000,
effective February 20, 2000,
1719 (1747.B.5), 1727.A.1.a,
4727.A.1.b, 2000;
4727.A.3.b.ii, 1727.A.3.b.iv,
4727.A.3.c, 4727.B.1.a,
4727.B.1.b, 4727.B.1.b.ii,
4727.B.3.b.iv,4727.B.3.c, 4729
(1755.H.3), 4729 (1755.H.3.a),
4729 (1755.H.3.b), and 4733
(1759.E.6), amended February
20, 2000, effective February
20, 2000.
10. Petroleum Refining Process Waste-- LRS 30:2180 et seq, as amended
Leachate Exemption, [64 FR 6806] June 14, 1991, effective June
February 11, 1999. (Checklist 178). 14, 1991; LHWR Secs.
105.D.2.p,
105.D.2.p.i105.D.2.p.ii,
105.D.2.p.iii, 105.D.2.p.iv,
105.D.2.p.v, amended February
20, 2000, effective February
20, 2000.
11. Land Disposal Restrictions Phase LRS 30:2180 et seq, as amended
IV--Technical Corrections and June 14, 1991, effective June
Clarifications to Treatment Standards, 14, 1991; LHWR Secs. 109
[64 FR 25408] May 11, 1999. (Checklist Solid Waste.3.c, 109. Solid
179). Waste Table 1, amended March
20, 1999, effective March 20,
1999, 109 Solid Waste.5.a.iii,
amended February 20, 2000,
effective February 20, 2000,
105.D.1.p, amended March 20,
1999, effective March 20,
1999, 105.D.1.p.v,
105.D.2.h.iii,
105.D.2.h.iii.(a), amended
February 20, 2000, effective
February 20, 2000, 1109.E.1.e
amended September 20, 1998,
effective September 20, 1998;
2236.C, and 2236.C.3.a, as
amended March 20, 1999;
effective March 20, 1999.
Checklist 179 Conds.................... 2203.A. Hazardous Debris,
2203.A.Soil, 2245. Generator
Paperwork Requirement Table,
2247.B.2.a, amended March 20,
effective March 20, 1999;
2247.C.4, 2246.D.2, 2246.D.3,
amended February 20, 2000,
effective February 20, 2000;
2236.C, amended March 20,
1999, effective March 20,
1999; 2236.C.3.a, amended
February 20, 2000, effective
February 20, 2000; and 2223.I,
amended February 20, 2000,
effective February 20, 2000;
2223.J amended March 20, 1999,
effective March 20, 1999;
Chapter 22. Table 2, amended
February 20, 2000, effective
February 20, 2000; Chapter 22.
Table 7, amended February 20,
2000, 2236.C.3.b., amended
February 20, 2000, effective
February 20, 2000.
[[Page 27]]
12. Test Procedures for the Analysis of LRS 30:2180 et seq, as amended
Oil and Grease and Non-Polar Material, June 14, 1991, effective June
[64 FR 26315] May 14, 1999. (Checklist 14, 1991; LHWR Secs.
180). 110.A.11, amended February 20,
2000, effective February 20,
2000; and 110.A.17, amended
February 20, 2000, effective
February 20, 2000.
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E. What Is the Relationship Between the Resource Conservation and
Recovery Act and the Hazardous Waste Combustor MACT? How Does This
Affect Delegation of This Standard to LDEQ's Authorization?
In this authorization document, the State of Louisiana is also
seeking authorization for the Post-Closure Permit Requirement and
Closure Process (Checklist 174). On September 30, 1999, the EPA
finalized the National Emission Standards for Hazardous Air Pollutants
(NESHAP) for three categories waste comubustors (HWCs): incinerators,
cement kilns and light-weight aggregate kilns (64 FR 52828). The EPA
promulgated this rule under joint authority of the Clean Air Act (CAA)
and (RCRA). Before this rule went into effect, the air emissions from
these three types of HWCs was primarily regulated under the authority
of RCRA (see 40 CFR parts 264, 265, 266, and 270). However, with the
release of the final HWC NESHAP (see 40 CFR part 63 subpart EEE), the
air emissions from these sources is now regulated under RCRA and the
CAA. Even though both statutes give us the authority to regulate these
emissions, we determined that having emissions standards and permitting
requirements in both sets of implementing regulations would be
duplicative. For this reason, using the authority provided by section
1006(b) of RCRA, we deferred the RCRA requirements for HWC emission
controls to the CAA requirements of 40 CFR part 63 subpart EEE.
Therefore, with today's authorization of the State of Louisiana for
the RCRA provisions of the September 30, 1999 HWC NESHAP rule, the RCRA
waste management standards for air emissions from these units will no
longer apply after the facility has demonstrated compliance with 40 CFR
part 63 subpart EEE. One notable exception concerns section 3005(c)(3)
of RCRA, which requires that each RCRA permits contain the terms and
conditions necessary to protect human health and the environment. Under
this provision of RCRA, if a regulatory authority determines that more
stringent conditions than the HWC NESHAP are necessary to protect human
health and environment for a particular facility, then the regulatory
authority may impose those conditions in the facility's RCRA permit.
(See the HWC MACT rule preamble discussion on the interrelationship of
the MACT rule with the RCRA Omibus provision and site specific risk
assessment at 64 FR 52828, pages 52839-52843, September 30, 1999, and
RCRA Site-Specific Risk Assessment Policy for Hazardous Waste
Combustion Facilities dated June 2000 for more information.
F. What Decision Has EPA Made?
We conclude that Louisiana's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Louisiana final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Louisiana has responsibility for
permitting treatment, storage, and disposal facilities within its
borders (except in Indian Country) and for carrying out the aspects of
the RCRA program described in its revised program application, subject
to the limitations of Hazardous and Solid Waste Amendments of 1984
(HSWA). New federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Louisiana, including issuing permits, until the State
is granted authorization to do so.
G. How Do the Revised State Rules Differ From the Federal Rules?
The EPA considers the following State requirements to be more
stringent than the Federal: LAC 33:V.3001.B.3. is more stringent than
40 CFR 266.100(b)(3) because LDEQ does not acknowledge conditionally
exempt small quantity generators. If a person generates ``greater than
100 kilo grams of hazardous waste but less than 1000 kilo grams'' in
the State, the generator is the equivalent of a large quantity
generator and would follow the more stringent regulations for large
quantity generators. In this authorization of the State of Louisiana's
program revisions for RCRA cluster IX, there are no provisions that are
broader in scope. Broader in scope requirements are not part of the
authorized program and EPA can not enforce them.
H. Who Handles Permits After This Authorization Takes Effect?
The EPA will administer any RCRA permits or portions of permits it
has issued to facilities in the State until the State becomes
authorized. At the time the State program is authorized for new rules,
EPA will transfer all permits or portions of permits issued by EPA to
the State. The EPA will not issue any more permits or portions of
permits for the provisions listed in this document after the effective
date of this authorization. The EPA will continue to implement and
issue permits for HSWA requirements for which the State is not yet
authorized.
I. Why Wasn't There a Proposed Rule Before Today's Notice?
The EPA is authorizing the State's changes through this immediate
final action and is publishing this rule without a prior proposal to
authorize the changes because EPA believes it is not controversial and
we expect no comments that oppose this action. The EPA is providing an
opportunity for public comment now. In addition, in the proposed rules
section of today's Federal Register we are publishing a separate
document that proposes to authorize the State changes. If EPA receives
comments opposing this authorization, that document will serve as a
proposal to authorize the changes.
J. Where Do I Send My Comments and When Are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number LA-00-2. We must receive your comments by February 1,
2001. You may not have an opportunity to comment again. If you want to
comment on this action, you must do so at this time.
K. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments opposing this action, we will publish a
second Federal Register document before the
[[Page 28]]
immediate final rule takes effect. The second document may withdraw the
immediate final rule before it takes effect and a separate document in
the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes or the document may identify the
issues raised, respond to comments, and affirm that the immediate final
rule will take effect March 5, 2001.
L. When Will This Approval Take Effect?
Unless EPA receives comments opposing this action, this final
authorization approval will become effective without further notice on
March 5, 2001.
M. Where Can I Review the State's Application?
You can view and copy the State of Louisiana's application 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, (504) 765-0397 and EPA,
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444.
For further information contact Alima Patterson, Region 6 Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-8533.
N. How Does Today's Action Affect Indian Country in Louisiana?
Louisiana is not authorized to carry out its Hazardous Waste
Program in Indian country within the State. This authority remains with
EPA. Therefore, this action has no effect on Indian country.
O. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. The EPA does this by referencing the authorized
State rules in 40 Code of Federal Regulations part 272. The EPA
reserves the amendment of 40 CFR part 272, subpart T for this
codification of Louisiana's program changes until a later date.
Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirement for the purpose of RCRA 3006 and
impose no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it dos not contain any unfunded Mandates Reform Act of 1995
(Public Law 104-4). For the same reason, this action also does not
significantly or uniquely affect the communities of tribal governments,
as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This
action will not have substantial direct effects on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely authorizes State requirements as part of
the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. The EPA has
compiled with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney Generals' Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings' issued under executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representative, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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 7, 2000.
Myron O. Knudson,
Acting Regional Administrator, Region 6.
[FR Doc. 00-33158 Filed 12-29-00; 8:45 am]
BILLING CODE 6560-50-P