[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Rules and Regulations]
[Pages 23645-23650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11747]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2008-0757; FRL-8905-4]
Louisiana: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Louisiana has applied to the EPA for final authorization of
the changes 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
receive written comments which oppose this authorization during the
comment period, the decision to authorize Louisiana's changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
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 final authorization will become effective on July 20, 2009
unless the EPA receives adverse written comment by June 19, 2009. If
the EPA receives such comment, 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: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or e-mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to the EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. You can view and
copy Louisiana's application and associated publicly available
materials from 8:30 a.m. to 4 p.m. Monday through Friday at the
following locations: Louisiana Department of Environmental Quality, 602
N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone number (225)
219-3559 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number (214) 665-8533. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, EPA Region 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533 and e-mail address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from the 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 program. As the Federal program changes,
States must change their programs and ask the 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 the EPA's regulations in 40 Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
B. What Decisions Have We Made in This Rule?
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 the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Louisiana including issuing permits, until the State is
granted authorization to do so.
C. 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
[[Page 23646]]
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 the EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions after notice to and consultation
with the State.
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 under State
law, and are not changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What Happens if the EPA Receives Comments That Oppose This Action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified above. The Federal Register
withdrawal document will specify which part of the authorization will
become effective, and which part is being withdrawn.
F. For What Has Louisiana Previously Been Authorized?
The State of Louisiana initially received final authorization on
February 7, 1985, (50 FR 3348), to implement its base Hazardous Waste
Management Program. We granted authorization for changes to their
program on November 28, 1989 (54 FR 48889) effective January 29, 1990;
August 26, 1991 (56 FR 41958) effective 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)
effective April 11, 1995; 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; February 28, 2000 (65 FR 10411) effective
April 28, 2000; January 2, 2001 (66 FR 23) effective March 5, 2001;
December 9, 2003 (68 FR 68526) effective February 9, 2004, June 10,
2005 (70 FR 33852) effective August 9, 2005; November 13, 2006 (71 FR
66116) effective January 12, 2007 and August 16, 2007 (72 FR 45905)
effective October 15, 2007. On November 13, 2008, Louisiana applied for
approval of its program revisions for RCRA Clusters XVI and XVII
including Checklist 208(Methods Innovation Rule and SW-846 Final Update
IIIB). In this application, Louisiana is seeking approval for RCRA
Checklists 208 and 211 through 215 in accordance with 40 CFR
271.21(b)(3).
Since 1979, through the Environmental Affairs Act, Act 449 enabled
the Office of Environmental Affairs within the Louisiana Department of
Natural Resources, as well as, the Environmental Control Commission to
conduct 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 La. R. S. 30:1051 et seq. as the
Environmental Quality Act, renaming the Environmental Affairs Act (Act
1938 of 1979). This Act created Louisiana Department of Environmental
Quality (LDEQ), including provisions for new offices within this new
Department of Environmental Quality. Act 97 also transferred the duties
and responsibilities previously delegated to the Department of Natural
Resources, Office of Environmental Affairs, to the new Department. The
LDEQ has lead agency jurisdictional authority for administering the
Resource Recovery and Conservation Act (RCRA) Subtitle C program in
Louisiana. Also, the LDEQ is designated to facilitate communication
between the EPA and the State. During the 1999 Regular Session of
Louisiana Legislature Act 303 revised the La. R.S. 30:2011 et. seq.
allowing LDEQ to reengineer the Department to perform more efficiently
and to meet its strategic goals.
It is the intention of the State, through this application, to
demonstrate its equivalence and consistency with the federal statutory
tests, which are outlined in the United States Environmental Protection
Agency regulatory requirements under 40 CFR part 271, subpart A, for
final authorization. The submittal of this application is in keeping
with the spirit and intent of RCRA, which provides equivalent States
the opportunity to apply for final authorization to operate all aspects
of their hazardous waste management programs in lieu of the Federal
government. The Louisiana Environmental Quality Act authorizes the
State's program, Subtitle II of Title 30 of the Louisiana Revised
Statutes. With this application Louisiana is applying for authorization
for specific areas of the State regulations identified as requiring
authorization and the listed Checklists are: 208, 211, 212, 213, 214
and 215 will allow the State to implement the equivalent RCRA Subtitle
C portion of the program. The State has also added electronics as
additional waste to the State's RCRA authorized Universal Waste
regulations. The State did not adopt all Federal regulations in
Checklist 213 because some of the Federal regulations are the
Performance Track program. However, the State has its own Regulatory
Innovations Program that parallels the Federal Performance Track
program (see LAC 33:I Chapter 37).
G. What Changes Are We Authorizing With Today's Action?
On November 13, 2008, Louisiana submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
Louisiana's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final
[[Page 23647]]
authorization. Therefore, we grant the State of Louisiana Final
authorization for the following changes: The State of Louisiana's
program revisions consist of regulations which specifically govern RCRA
Clusters XVI through XVII including Checklist 208 as documented below:
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date
(include checklist , if and page (and/or RCRA Analogous state authority
relevant) statutory authority)
----------------------------------------------------------------------------------------------------------------
1. Methods Innovation Rule and SW-846 70 FR 34538-34592 June Louisiana Revised Statutes (LRS) 30: Section
Final Update IIIB. (Checklist 208). 14, 2005. 2001 et seq., with specific cites of 2174,
2175, and 2180 effective December 31, 2004;
Louisiana Environmental Regulatory Code, Part
V. Subpart 1 Hazardous Waste and Hazardous
Materials Sections 105.I.4, 110, 110A-B,
110.B.2-3, 110.B.8, 110.B.4, 110.B.9, 110.B.1,
100.B.6-7, 110.B.10, 110.C, 110.C.1-3,
110.C.3.a-z, 100.C.3.aa, 110.D, 110.D.1-2,
110.E, 110.E.1-2, 110.F, 110.F.1-2, 110.G,
110.G.1-2, 105.M.3.a.i, Definition of Hazardous
waste 109.2.d, 4903.B.1, 4903.C.1, 4903.C.2,
4901.B.3.b.ii.(c).(i)-(ii), 4909.D.7, 4999.
Appendix D, 4999. Appendix B, 4999. Appendix A,
1901.A, 2515.C, 1711.C.1.b, 1711.C.1.d,
1711.C.1.d.i-ii, 1711.D.1.c, 1711.F, 1741.D.2,
3005.G. Table 2, 4431.A.1, 4507.C, 1711.C.1.b,
1711.C.1.d, 1711.C.d.i-ii, 1711.D.1.c, 1711.F,
1741.D.2, 1703, 4727.A.3.b.iii, 4727.A.3.c,
4727.A.c.i-v, 4727.A.3.c.i-ii, 4727.B.3.b.iii,
4727.B.3.c, 4727.B.3.c.i-v, 4727.B.3.c.i-ii,
4727.C.3.a, 3001.D.1.b, 3005.B.1, 3013.A,
3025.B.1, 3025.B.2.a, 3025.B.2.a. Note, 3099.
Appendix 1 (IBR), 2223.B, 2299. Table 2,
Footnote 7, 2299. Table 7, Footnote 4, 4999.
Appendix C, 529.C.1.c-d, 535.A.2.b.ii,
3115.B.1.c-d, 537.B.2.ii.(a)-(b), 4003.B.1.b,
4033.C, 4047.C and 4067.C, as amended and
effective June 2008.
2. Revision of Wastewater Treatment 70 FR 57769-57785 Louisiana Revised Statutes (LRS) 30: Section
Exemptions for Hazardous Waste October 4, 2005. 2001 et seq., with specific cites of 2174,
Mixtures (``Headworks exemptions''). 2175, and 2180 effective December 31, 2004;
(Checklist 211). Louisiana Environmental Regulatory Code, Part
V. Subpart 1 Hazardous Waste and Hazardous
Materials Sections 109. Hazardous Waste.2.c.i-
ii, Hazardous Waste.2.c.iv-vii, as amended and
effective June 2008.
3. NESHAP: Final Standards for 70 FR 59402-59579 Louisiana Revised Statutes (LRS) 30: Section
Hazardous Waste Combustors (Phase I October 12, 2005. 2001 et seq., with specific cites of 2174,
Final Replacement Standards and 2175, and 2180 effective December 31, 2004;
Phase II). (Checklist 212). Louisiana Environmental Regulatory Code, Part
V. Subpart 1 Hazardous Waste and Hazardous
Materials Sections 110.A, 110.C.1, 3105.B.1,
3105.B.3, 4513.B.1, 3001.B.1, 3001.B.3,
3001.B.3.a-c, 3001.B.4, 110.A, 110.C, 110.C.1,
303.R, 303.R.1-9, 529.F, 535.G and G.1-3,
530.D.3, 536.E.3, 311.F, 321.C.10.a-c,
321.C.11.a, 321.C.11.a.i-iii, 321.C.11.b,
321.C.11.c, 322.L.10, 3115.E, 537.D and D.1-3,
2001.A.1-2, 2001.B.1-2, 2001.C, and 2001.C.1-2,
as amended and effective June 2008.
4. Burden Reduction Initiative. 71 FR 16862-16915 April Louisiana Revised Statutes (LRS) 30: Section
(Checklist 213). 4, 2006. 2001 et seq., with specific cites of 2174,
2175, and 2180 effective December 31, 2004;
Louisiana Environmental Regulatory Code, Part
V. Subpart 1 Hazardous Waste and Hazardous
Materials Sections LAC 33:V.105.O.2.b.ii,
105.O.2.b.iii-vii, 105.D.1.i.iii.(e) 105.D.6.i,
1509.B.4, 1515.A.5, 1513.B.2, 1513.F.9, 1529.B,
1529.B.1, 1529.B.5, 1529.B.9, 1529.B.11,
1529.B.12, 1529.B.21, 1529.B.22, 3317.D,
3317.G.2-3, 3319.F-G, 3321.G, 3513.E.5, 3517.A,
3527.A, 3707.I, 3711.I, 3715.E, 2109.A, 1903.A,
1903.B.5.b, 1905.A-B, 1907.A.1, 1907.A.2,
1907.I.2.b, 1911.B-C, 1911.C.1-2, 1911.D,
1911.E-F and G, 1913.F, 2303.C, 2719.B, 2515.A,
2515.A, 2515.B-E, 2515.D, 2515.D.1-2, 3111.A.2,
3119.D, 2605.C.2, 2803.A-C, 2805.B, 2805.H,
2807.A, 1737.B.1-2, 1737.D, 1739.A, 4701.A,
4703.C.2, 4319 reference to 1515.A.5, 4341
reference to 1513.B.1, 1513.F.9 and 10, 4357.B,
4357.B.1-2, 4357.B.8-10, 4357.B.17, 4367.C.1,
4367.C.3, 4373.F, 4373.I, 4383.E.5, 4387.A,
3527.A, 4403.H, 4407.H, 4411.E, 2109.A, 4433.A,
4433.B.5.b, 4435.A-B, 4437.A.1-2, 4437.I.2,
4440.A, 4440.B, 4440.B.1-3, 4440.C-E, 4441.F,
4438.C, 4438.D, 4462.A, 4452, 4452.A, 4472.A,
4489.E, 4512.A, 4498.A, 4507.A-B, 4507.F,
4507.F.1, 2803.A-C, 2805.B, 2805.H, 2807.A,
1737.B.1-2, 1737.D, 1739.A, 4701.A, 4703.C.2,
3005.H, 3007.D, 3007.K, 2245.A, 2245.B, 2247.E,
2246.A, 2246.D, 519.A, 523.A, 532.A.3.o, and
322.O, as amended and effective June 2008.
[[Page 23648]]
5. Corrections to Errors in the Code 71 FR 40254-40280 July Louisiana Revised Statutes (LRS) 30: Section
of Federal Regulations. (Checklist 14, 2006. 2001 et seq., with specific cites of 2174,
214). 2175, and 2180 effective December 31, 2004;
Louisiana Environmental Regulatory Code, Part
V. Subpart 1 Hazardous Waste and Hazardous
Materials Sections 109. Incompatible Waste,
109. Personnel or Facility Personnel, 3813.
Universal Waste, 109. Used Oil, 105.M.1.a,
105.M.4.b, 105.L.1-2, 109. Solid Waste.3.a.i,
109. Hazardous Waste.2.a, 105.D.1.t.v,
105.D.2.f.ii, 105.D.2.g, 105.D.2.g.iv,
105.D.2.g.vi, 105.D.2.j, 105.D.5.b.vi,
105.D.5.c.i, 4105.A.2.a-d, 4105.D, 4903.B.3,
4903.B.3.a-b, 4903.B.b.i-iv, 4903.B.4,
4903.B.4.a-d, 4903. Notes 1-4, 4903.E.2,
4901.B. Table 1, 4901.C. Table 2, K107 entry,
4901.C. Table 2, K069 entry, 4901.E, 4901.E
Comment, 4901.E. Table 3, 4901.F, 4901.F.
Comment, 4901.F. Table 4, 4901. Table 7,
4901.D.1.a.iii.(d), 4901.G. Table 6, 3105.
Table 1, 1109.E.1.a.iv, 1113.D.2. Note,
1113.G.2. Note, 1113.I.1.a, 1101.D, 109.
Recovery Operations, 1127.B.1.a.ii,
1127.C.2.a.i, 1127.C.2.b.i, 1127.D.5, 1127.G.1,
1127.G.1.e, 1501.C.2, 1535.A, 1519.B.8.c.ii,
1517.B, 109. Holocene, 109. One-Hundred Year
Flood, 3315.A.1, 3315.I.5, 3317.A.2,
3317.G.4.a, 3319.H.2, 3322.E, 3507.A.3,
3511.B.8, 3517.A-B, 3523.C, 3525.B.1.b,
3701.D.1, 3705.B.2, 3707.B.7-8, 3707.E.5,
3711.A.3.a, 3711.D.6, 3711.F.11, 3715.H.1,
3719.B, 3719.F introductory paragraph, 3719.G
Letter From Chief Financial Officer, 3719.G.
Letter From Chief Financial Officer, Item 3,
3719.G Letter From Chief Financial Officer,
Part A Alternative I, item *3, 3719.G Letter
From Chief Financial Officer, Part B
Alternative I, item 10, 3719.G Letter From
Chief Financial Officer, Part B Alternative I,
item 15, 3719.G Letter From Chief Financial
Officer, Part B Alternative II, item *7,
3719.H.2, Guarantee for Liability Coverage,
3719.H.2, Certification of Valid Claim,
3719.H.2.n, 3719.I.3, 3719.J.2.d, 3719.K,
3719.L, 3719.M.1, Certification of Valid Claim
Section 8(c), 3719.N.1, Section 3.c.i, 3719.N1,
Section 3.e.iii, 3719.N.1, Section 12,
3719.N.1, Section 16, 2111.B.1, 1907.C.4. Note,
1907.D.4, 1907.E.2.b, 1907.E.2.c, 1907.E.2.e.i-
ii, 1907.E.3.a-b, 1907.G.1.c-d, 1907.G.2.a.i,
2903.J.1.b, 2903.J.3.b, 2903.L.1, 2903.L.2.b-c,
2906.B.1, 2907.B.2, 2303.A.2.a, 2304.A-B,
2317.B, 2719.C.7, 2719.D, 2723.A, 2503.L.3,
2503.N.2.a.ii, 2504.A-B, 2508.B.1, 2515.E.2,
2523.A, 3113.B, 2603.E.4.c, 2603.E.4.d.vi,
2603.E.6.c.v, 2604.E, 2605.A, 2607.E.6,
2805.A.1, 2805.A.4-5, 2805.C, 2805.N.2-3,
3201.A, 3203 introductory paragraph 3203.B.11,
3203.C.4, 1705.A.2, 1709.F.2.g.ii, 1711.B.2,
1713.C.4.a, 1713.C.4.b, 1717.F, 1731.C.1,
1743.C.3, 1747.A, 1747.C, 1767.C.2, 1802.B.3.c,
1802.C.3, 1802.C.3.a, 1802.D, 1803.A, 1529.B.
Table 1 and 2, 1529.B.4. Table 2, 4301.C.3.a,
4301.C.5, 4311.A, 4315.B.1, 4319A, 4320.C.2,
4349.A, 4367.C, 4377.B.4, 4379.A.3, 4381.B.5,
4381.D.4, 4383.B, 4383.E.4, 4389.B, 4393.B.1.b,
4397.B, 4397.B.2, 4401.A, 4407.E.11,
4411.A.1.a, 4411.B.1.a-b, 2109.A, 4437.E.2.e.i-
ii, 4437.I.2, 4439.B.1-2, 4442.A, 4438.C,
4462A, 4462.D.2.a.i-ii, 4451.B.1, 4457.B.3.d,
4457.C.2, 4474.B, 4472.B.1, 4489.A.4, 4491.A,
4512.A, 4512.D.1, 4512.D.2.a.ii, 4497.B,
4498.B.1, 4503.A.1, 4507.F.1.b, 4507.G.2,
4511.A, 4511.A.3, 4511.A.4, 4545.A.1, 4593.A,
2805.A.4, 2805.C, 4601.A, 4555.A, 4559.A,
4587.A, 4719.A, 4729.A, 4733.A, 4739.A,
4701.A.4, 4703.B.3.a.ii, 4703.B.3.c, 4703.C.3,
4703.D, 4357. Table 1, 4357. Table 2, 199.
Appendix A, 1799. Table 1, 4143.A, 4145.A.
Table, 3001.B.2.d, 3001.D.3.a.i, 3001.G,
3005.A.2.f, 3005.E.5.a.v, 3005.E.4.a.iii,
3005.E.6.b.ii.(b), 3005.F.3, 3007.A.4.g,
3007.B.2.e.ii.(b), 3007.B.5.b.i, 3007.B.6.h.i,
3007.C.1.a, 3007.C.1.b.i.(b), 3007.C.1.i,
3007.C.1.i.i, 3007.C.4.d.iii.(a), 3007.G.1.a,
3013.D.1, 3019.A.2.b, 3019.B, Chapter 42
heading, 3099. Appendix C incorporates by
reference 40 CFR 266 Appendix III, 3099.
Appendix D incorporates by reference 40 CFR 266
Appendix IV, 3099. Appendix E incorporates by
reference 40 CFR 266 Appendix V, 3099. Appendix
F incorporates by reference 40 CFR 266 Appendix
VI, 3099. Appendix H incorporates by reference
40 CFR 266 Appendix VIII, 3099. Appendix I,
incorporates by reference 40 CFR 266 Appendix
IX, 3099. Appendix L incorporates by reference
40 CFR 266 Appendix XIII, 2203.A. Debris,
2237.A.3, 2241.F.5, 2245.A, 2245.C.1.b, 2245.D.
Table, 2247.B.2.e,
2247.C.2, 2247.F.2, 2246.E, 2246.E.1,
2246.E.1.a-c, 2246.E.2-3, 2237.C.2, 2247.F.2,
2237.C.3, 2223.G, 2299. Table 2, 2299. Table 3,
2231.C.1, 2299. Table 8, 2299. Table 7, 2236.D,
2205.C, 2205.H, 305.B.4, 305.C.13, 109.On-Site,
109. Publicly-Owned Treatment Works or POTW,
303.P.1, 513.A.1, 513.A.2, 515.A.14.g, 519.A,
517.T.1.a.ii, 517.B.4, 517.V, 525.G, 527.B,
527.H, 531.H.2, 532.A.3.o, 325.B, 323.B.2.e,
321.C.4.b.i, 322.C.4, 4301.B, 4303.B.2, 3813.
Universal Waste, 3821.B, 3823.A.1, 3845.A.1,
4001. Petroleum Refining Facility, 4003.B.2,
4005.A, 4005. Table 1, 4031.C.3.a, 4031.C.5,
4033.A, 4033.C.2, 4035.A, 4045.A, 4045.B,
4045.B.1.b, 4045.B.6.b, 4045.B.6.c, 4051.A,
4051.B.2.a.ii, 4053.A.2, 4055.A.2.b, 4059.A,
4067.B.3, 4069.E, and 4077.B.1, as amended and
effective June 2008.
6. Cathode Ray Tubes Rule. (Checklist 71 FR 42928-42949 July Louisiana Revised Statutes (LRS) 30: Section
215). 28, 2006. 2001 et seq., with specific cites of 2174,
2175, and 2180 effective December 31, 2004;
Louisiana Environmental Regulatory Code, Part
V. Subpart 1 Hazardous Waste and Hazardous
Materials Sections 109. Cathode Ray Tube or
CRT, 109. CRT Collector, 109. CRT Glass
Manufacturer, 109. CRT Processing, 105.D.1.v.i,
105.D.1.v.ii-iii, 105.D.1.v.iv, 4909, 4911,
4913 and 4915, as amended and effective June
2008.
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[[Page 23649]]
H. Where Are the Revised State Rules Different From the Federal Rules?
The State of Louisiana's regulations has some more stringent
regulations at LAC 105.I.4, which requires public notice to make
changes in regulations. For the State to incorporate by reference (IBR)
the Federal regulations, there must be public notice with appropriate
volume, revisions and date of publication to allow for public comment
to the IBR language. The more stringent State regulations when it comes
to design, assessment, and operating requirements of a facility can
also be found at: LAC 33:V3711.I, LAC 33.V.3715.E, LAC 33:V.1903.A, LAC
33:V.1907.I.2.b, LAC 33:V.1913.F, LAC 33:V.2803.A, LAC 33:V.2803.C, LAC
33:V.2805.B, LAC 33:V.2805.H, LAC 33:V.2807.A, LAC 33:V.4387.A, LAC
33:V.3527.A, LAC 33:V.4407.H, LAC 33:V.4411.E, LAC 33V.4433.A, LAC
33:V.4433.B.5.b, LAC 33:V523.A, 33:V.4435.A, LAC 33 V.4435.B, LAC
33:V.4437.I.2, LAC 33:V.4441.F, LAC 33:V.4489.E, LAC 33:V.2803.B, and
LAC 33:V.532.A.3.o. The Federal regulations allows a certified
qualified Professional Engineer to attest the results of the
evaluation. However, the State allows certification by an independent,
qualified Professional Engineer to attest to the results of the
evaluation. There are no broader in scope provisions in this
authorization document.
I. Who Handles Permits After the Authorization Takes Effect?
Louisiana will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which
Louisiana is not yet authorized.
J. 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 in Indian Country.
K. What Is Codification and Is the EPA Codifying Louisiana's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart T for this authorization of Louisiana's program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. Statutory and Executive Order Reviews
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 requirements for the purpose of RCRA 3006 and
imposes 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 preexisting requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 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 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the 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. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), the 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 the 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, the 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
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the 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
Representatives, 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). This
action will be effective July 20, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians--lands,
[[Page 23650]]
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
Authority: This action 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: April 30, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-11747 Filed 5-19-09; 8:45 am]
BILLING CODE 6560-50-P