FR Doc 05-11469

[Federal Register: June 10, 2005 (Volume 70, Number 111)]
[Rules and Regulations]
[Page 33852-33856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn05-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7922-8]

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

[[Page 33853]]

DATES: This final authorization will become effective on August 9,
2005, unless the EPA receives adverse written comment by July 11, 2005.
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: patterson.alima@epa.gov.
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, (214) 665-8533, EPA Region
1145 Ross Avenue, Dallas Texas 75202-2733, and e-mail address
patterson.alima@epa.gov.

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 266, 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 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 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 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

[[Page 33854]]

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 and
December 9, 2003 (68 FR 68526) effective February 9, 2004. On November
4, 2004, Louisiana applied for approval of its program revisions for
RCRA Cluster XIII including Conditionally Exempt Small Quantity
Generator's (CSQGs), Small Quantity Generators (SQGs) and Manifest
Requirements. In this application, Louisiana is seeking approval of
RCRA Cluster XIII also including Conditionally Exempt Small Quantity
Generator's (CSQGs), Small Quantity Generators (SQGs) and Manifest
Requirements that was repealed in accordance with 40 CFR 271.21(b)(3).
Since 1979, the State of Louisiana, through the Louisiana
Department of Natural Resources, has conducted a program designed to
regulate those who generate, transport, treat, store, dispose of or
recycle hazardous waste. During the 1983 Regular Session of the
Louisiana Legislature, Act 97, the Environmental Affairs Act, was
adopted. This Act amended and reenacted Louisiana Revised Statutes
(LRS) 30:1051 et seq. and also created the Louisiana Department of
Environmental Quality (LDEQ). During the 1999 Regular Session of
Louisiana Legislature, Act 303 revised the LRS 30:2011 et seq.,
allowing LDEQ to re-engineer itself to perform more efficiently and to
meet its strategic goals.
Act 97, which amended and reenacted Louisiana Revised Statutes
30:1051 et seq; transferred the duties and previously delegated
responsibilities of the Department of Natural Resources, Office of
Environmental Affairs, to LDEQ. The LDEQ and the Department of Natural
Resources, Office of Conservation, has a memorandum of understanding
that outlines the protocol for activities 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. 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 a
larger framework of environmental laws specified in Title 30, Subtitle
II Louisiana Revised Statutes. The State of Louisiana adopted the
Federal regulations for Cluster XIII promulgated from July 1, 2003
through June 30, 2004, including CSQGs, SQGs, and Manifest requirements
dated November 1, 1981, through September 23, 1987 and the State's
regulations which became effective January 20, 2001, May 20, 2001 and
September 20, 2004.

State Initiated Changes

The State has made amendments to the provisions listed in the table
which follows. These amendments correct typographical and/or printing
errors, clarify and make the State's regulations more internally
consistent. The State's laws and regulations, as amended by these
provisions, provide authority which remains equivalent to and no less
stringent than the Federal laws and regulations. These State initiated
changes are submitted under the requirements of 40 CFR 271.21(a).

Changes to Conditionally Exempt Small Quantity and Small Quantity Generators
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Result of re-promulgated rule (amended/
State citation Federal citation effective date May 20, 2001)
----------------------------------------------------------------------------------------------------------------
2205.A.1................................... 268.50(A)(1) Repealed.
Chapter 39................................. N/A Repealed.
4105.B.7................................... N/A Language deleted.
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G. What Changes Are We Authorizing With Today's Action?

On November 4, 2004, 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 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 Cluster XIII including
amendment to CSEQ's SQG's and Manifest requirements as documented
below:

[[Page 33855]]

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Description of federal Federal Register
requirement (include date and page (and/ Analogous state
checklist , if or RCRA statutory authority
relevant) authority)
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1. Manifest Requirements: 40 45 FR 3322, May 19, Louisiana Revised
CFR part 262.22, 264.71(a) 1980, as amended at States (LRS) 30:
3 and 4, 264.71(b). 45 FR 86970-86974, Section 2001 et
264.71(d) and 264.72(b). December 31, 1980; seq., with specific
61 FR 16315, April cites of 2174,
12, 1996; 45 FR 2175, and 2180 as
33221, May 19, amended 2002,
1980, as amended at effective 2002;
50 FR 4514, January Louisiana Hazardous
31, 1985; and 49 FR Waste Regulations
10500, March 20, (LHWR) Sections
1984. 905.A.4 & 5,
905.B.5, 907.D,
1107.C, and 1199.
Appendix A, as
amended January 20,
2001; effective
January 20, 2001.
2. Small Quantity Generators 45 FR 33119, May 19, LRS:30:2001 et seq.
and Conditionally Exempt 1980; 45 FR 78529, with specific cites
Small Quantity Generators November 25, 1980, of 2174, 2175, and
Requirements. as amended at 47 FR 2180, as amended
36097, August 18, 2002, effective
1982; 48 FR 14294, 2002, LHWR Sections
April 1, 1983; 50 105.D.5.a, 108.A-J,
FR 1999, January 108.G.3.g.4 and 5
14, 1985; 51 FR is more stringent
40637 November 7, because the State
1986; 48FR 14228 assess fees based
April 1, 1983; 48 upon notification
FR 30114 June 30, including mandatory
1983, as amended at fees for
50 FR 28751, July Conditionally
15, 1985; 51 FR exempt small
10174-10176, March quantity
24, 1986; 52 FR generators; The
45799 December 1, Federal rule at 40
1987; 54 FR 9607, CFR 261 does not
March. 7, 1989; 60 assess any
FR 33914, June 29, generator fees.
1995; 45 FR 33119- Sections 109.
33221, May 19, Definitions,
1980, as amended at 303.E1, 305.C.2,
48 FR 3982, January 305.C.4,
1983; 50 FR 4514, 909.Introduction,
January 31, 1985; 909.Comment,
47 FR 1251, January 1101.I, 1107.A.4,
11, 1982; 52 FR 1109.E.7,
35898-35899, 1109.E.7.e,
September 23, 1987; 1109.E.7.f,
51 FR 28682, August 1109.E.8 & 9,
8, 1986, as amended 1111.C.1 & 2,
at 56 FR 43705 1111.C.3, 1111.E,
September 4, 1991; 1113.G.1.e,
61 FR 16309, April 1113.G.2, 1307.H,
12, 1996;[45 FR 1501.C.1, 2201.I.4,
33151-33221, May 2205.A.1, 2245.G. &
19, 1980; 51 FR H., 2249.C.3,
40636, November. 7, 3001.C.3, 3017.B. &
1980; 51 FR 40638, C., 3801.A.,
November 7, 1986; 3801.C., 3801.D,
52 FR 21016, June 4003.B.3, 4105.B.3,
4, 1987; and 51 FR 4105.B.7,
40642, November 7, 4105.B.11,
1986. 52 FR 21016- 4105.B.12 & 13,
21017, June 4, 4301.E, 4313.B,
1987;[56 FR 7208, 4438, 4901.A,
February 21, 1991; 4901.E & F, 4907.C
56 FR 32688, July and 5137.A, as
17, 1991; 60 FR amended January 20,
25542, May 11, 2001; effective
1995, as amended at January 20, 2001.
64 FR 36488, July
6, 1999; 57 FR
41612, September
10, 1992; 45 FR
33232 May 19, 1980;
51 FR 25479, July
14, 1986, as
amended at 53 FR
34087 September 2,
1988; and 45 FR
78529-78541
November 25, 1980.
3. Zinc Fertilizers Made 67 FR 48393, July LRS:30:2001 et seq.
From Recycled Hazardous 24, 2002. with specific cites
Secondary Materials. of 2174, 2175, and
(Checklist 200). 2180, as amended
2002, effective
2002, LHWR Sections
105.D, 105.D.1.t,
105.D.1.t.i,-ii,
105.D.t.ii.(a)(b),
105.D.1.t.ii(b)(i)-
(iii),
105.D.1.t.ii.(c)-(d
), 105.D.t.ii.(d),
105.D.1.t.ii.(d)(i)
-(iii),
105.D.t.iii,
105.D.1.t.iii.(a)(d
), 105.D.1.t.iv-v,
105.D.1.u,
105.D.1.u.i,
105.D.1.u.i.(a)(b),
105.D.1.u.ii,
105.D.1.u.iii,
1.u.iii(a)- (f),
4139.A.2.c & 3,
4139.A.6,
4139.A.3.a-b,
2223.I, as amended
April 2004,
effective August
20, 2004.
4. Treatment Variance for 67 FR 62618, October LRS:30:2001 et seq.
Radioactively Contaminated 7, 2002. with specific cites
Batteries. (Checklist 201). of 2174, 2175, and
2180, as amended
2002, effective
2002, LHWR Sections
2299 Table 2, as
amended April 2004,
effective August
20, 2004.
5. Hazardous Air Pollutant 67 FR 77687, LRS:30:2001 et seq.
Standards for Combustors- December 19, 2002. with specific cites
Corrections 2 (Checklist of 2174, 2175, and
202). 2180, as amended
2002, effective
2002, LHWR Sections
529.F, 535.G,
3115.E, and 537.D,
as amended April
2004, effective
August 20, 2004.
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H. Where Are the Revised State Rules Different From the Federal Rules?

We consider the following State requirements to be more stringent
than the Federal requirements: At the State of Louisiana regulations
LHWR Sections 105.D.5.a, 108.A-J, 108.G.3.g.4 and 5, are more stringent
because the State assess fees based on notifications including
mandatory fees for Conditionally exempt small quantity generators. The
Federal rule regulation at 40 CFR 261 does not assess any generator's
fees. There are no broader in scope provisions in this program
revisions.

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. 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

[[Page 33856]]

authorization application the EPA is not codifying the rules documented
in this Federal Register notice.

K. 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 August 9, 2005.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, 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: May 13, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-11469 Filed 6-9-05; 8:45 am]

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