[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Rules and Regulations]
[Pages 67572-67577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33764]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5937-2]
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 authorization to revise
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Louisiana's revisions consist of regulations which
specifically govern hazardous waste combustion at Boilers and
Industrial Furnaces (BIF's). Louisiana requirements are listed on the
chart included in this document. Upon approval, Louisiana will be
authorized to regulate air emissions from the BIFs.
[[Page 67573]]
Currently, such waste is regulated by EPA. Louisiana will be authorized
to issue BIF permits and to ensure that all permits issued to hazardous
waste combustion facilities are protective of human health and the
environment. Louisiana agrees to ensure compliance with all terms of
the trial burn plans and schedules that are approved by EPA prior to
authorization. The EPA has reviewed Louisiana's application and
determined that its hazardous waste program revision satisfies all the
requirements necessary to qualify for final authorization. Unless
adverse written comments are received on this action during the review
and comment period provided in a companion document in the ``Proposed
Rules'' section of today's Federal Register, EPA's decision to approve
Louisiana's hazardous waste program revision will take effect as
provided below. Louisiana's application for the program revision is
available for public review and comment.
DATES: This authorization for Louisiana shall be effective March 16,
1998 unless EPA publishes a prior Federal Register (FR) action
withdrawing this immediate final rule. Any comments on Louisiana's
program revision application must be filed as provided in the companion
document on this action, appearing in the Proposed Rules section of
today's Federal Register.
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, 1445
Ross Avenue, Dallas, Texas 75202-2733, phone (214) 665-6444. Written
comments, referring to Docket Number LA-97-1, should be sent to 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, Phone number:
(214) 665-8533.
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, Phone number: (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Background
States authorized under section 3006(b) of RCRA, 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 Code of Federal Regulations (CFR) parts 124, 260-266,
268, 270, and 279.
B. Louisiana
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), October 25, 1991 (56 FR
41958), and Corrections at (56 FR 51762), effective January 23, 1995
(59 FR 55368-55371), and Corrections at (60 FR 18360), March 8, 1995
(59 FR 66200), January 2, 1996 (60 FR 53707) and June 11, 1996 (61 FR
13777-13782). On December 4, 1996, 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.
C. BIF Revisions
The State of Louisiana has applied for authorization to revise its
RCRA hazardous waste program to include regulations which specifically
govern hazardous waste combustion at Boilers and Industrial Furnaces
(BIFs). Hazardous waste combustion is a form of hazardous waste
treatment under RCRA regulations. The regulatory form for combustion is
defined as ``the treatment of hazardous waste in a device which uses
elevated temperatures as the primary means to change the chemical,
physical or biological character or composition of the hazardous
waste.'' 40 Code of Federal Regulations (CFR) section 260.10. Hazardous
waste combustion occurs at a variety of facilities including
incinerators, boilers, and industrial furnaces. Louisiana requirements
are listed on the chart included in this document. Upon approval,
Louisiana will be authorized to regulate air emissions from the BIFs.
Currently, such waste is regulated by EPA. Louisiana will be authorized
to issue BIF permits and to ensure that all permits issued to hazardous
waste combustion facilities are protective of human health and the
environment. Louisiana has also agreed to ensure compliance with all
terms of the trial burn plans and schedules that are approved by EPA
prior to authorization.
The EPA reviewed Louisiana's application and is today making an
immediate final decision, subject to review and comment, that
Louisiana's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization.
Consequently, the EPA intends to grant authorization for the additional
program modifications to Louisiana. As provided in the Proposed Rules
section of today's Federal Register, the public may submit written
comments on EPA's proposed final decision until January 28, 1998.
Copies of LDEQ's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this document.
Approval of LDEQ's program revision shall become effective 75 days
from the date this document is published, unless an adverse written
comment pertaining to the State's revision discussed in this document
is received by the end of the comment period. If a adverse written
comment is received, EPA will publish either a withdrawal of the
immediate final decision or a document containing a response to the
comment which either affirms that the immediate final decision takes
effect or reverses the decision.
Louisiana's program revision application includes State regulatory
changes that are equivalent to the rules promulgated in the Federal
RCRA implementing regulations in 40 CFR parts 124, 260-266, 268, and
270 that were published in the FR from July 1, 1993, through June 30,
1994. 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.
[[Page 67574]]
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Federal citation State analog
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1. Burning of Hazardous Waste in Louisiana Revised Statutes
Boilers and Industrial Furnaces, [56 (LRS) 30: Sec. 2180 et seq,
FR 7134] February 1991. (Checklist 85). as amended June 14, 1991,
effective June 14, 1991;
Louisiana Hazardous Waste
Regulations (LHWR) Secs.
105.D.13, 17, & 18, as amended
September 20, 1994, effective
September 20, 1994; 4105.B.13,
as amended September 20, 1996,
effective September 1996; 109,
as amended September 20, 1995,
effective September 20, 1995;
109.Solid Wst.b-4.b.iii & 5.d,
as amended September 20, 1994,
effective September 20, 1994;
1501.C.2, 3001.A, 3001.F.1.c,
as amended March 20, 1995,
effective March 29, 1995;
3001.C.1-C.1.b, 3001.C.2.a-
C.3.b.iii, as amended
September 20, 1996, effective
September 20, 1996; 4307, as
amended March 20, 1996,
effective March 20, 1996;
321.C.a.iv, as amended
September 20, 1995, effective
September 20, 1995; 321.C.7-
C.a.v, 321.C.a.i-iv, 322,
535.A-F, 537.A-C, as amended
March 30, 1995, effective
March 20, 1995; 3115.B.12-
B.12.a, as amended September
20, 1996, effective September
20, 1996; 4303.A.6, & B.7, as
amended December 20, 1992,
effective December 20, 1992;
4305.C & D, as amended October
20, 1994, effective October
20, 1992; 105.D.33.b, as
amended May 20, 1996,
effective May 20, 1996;
105.H.1, 109 Infrared
Incinerator, 109. Plasma arc
Incinerator, as amended March
20, 1995, effective March 20,
1995; 110, as amended
September 20, 1996, effective
September 20, 1996; 3001.A-E,
3001.F, 3003.A-C.2, 3005.A-I,
as amended September 20, 1995,
effective September 20, 1995;
3007.A-L, 3007B.b.2ii.c 3009.A-
, 3013.A-I, 3015.A-H, 3017.A-
E, 3019.A-B.2, 3019.B.1, 3021,
3021 A, B, C, D & E, 3021.F.4,
3021.F, 1-3, 3023.A-E.6, 3025,
3025 A, A 1-3, 3025.B,
3025.B.1, 3025.B.1.a,
3025.B.1.b, 3025.B.2.a,
3025.C, 3025.C.1-2,
3025.C.2.a, as amended March
20, 1995, effective March 20,
1995; Chap 30 Appendices A-L,
as amended May 20, 1996,
effective May 20, 1996;
3105.A.I, as amended September
20, 1994, effective September
20, 1994; 3511.D.1, as amended
March 20, 1995, effective
March 20, 1995; 4105.C & C.2,
as amended September 20, 1994,
effective September 20, 1994;
4381.D.1, 4381.D.2-D.2.b,
4383.A-B, as amended March 20,
1995, effective March 20,
1995, 4513, as amended
September 20, 1995, effective
September 20, 1995; 4523,
1995; and 4523, as amended
March 20, 1995, effective
September 20, 1995.
2. Burning of Hazardous Waste in LRS 30: 2180 et seq, as amended
Boilers and Industrial Furnaces; June 14, 1991, effective June
Corrections and Technical Amendments 14, 1991; LHWR Secs. 321.C.7-
I, [56 FR 32688] July 17, 1991. C.a.v, 321.C.a.i-iv, 322,
(Checklist 94). 535.A-F, 537.A-C, as amended
March 30, 1995, effective
March 20, 1995; 3115.B.12-
B.12.a, as amended September
20, 1996, effective September
20, 1996; 4303.A.6, & B.7, as
amended December 20, 1992,
effective December 20, 1992;
4305.C & D, as amended October
20, 1994, effective October
20, 1992; 105.D.33.b, as
amended May 20, 1996,
effective May 20, 1996;
105.H.1, 109 Infrared
Incinerator, 109. Plasma arc
Incinerator, as amended March
20, 1995, effective March 20,
1995; 110, as amended
September 20, 1996, effective
September 20, 1996; 3001. A-E,
3001.F, 3001.B.2-3, 3003.A-
C.2, 3005.A-I, 3005.B.1,
3005.D.4.d, 3005.E.3.a.iii,
3005.E.6.b, 3005.E.6.b.ii(b),
3005.E.d.ii, as amended
September 20, 1995, effective
September 20, 1995; 3007.A-L,
3007.A.1.b, 3007.B.2.b.i-ii,
iv, 3007.B.2.d,
3007.B.2.e.i(e), 3007.B.2.f,
3007.B.3.b-ii,
3007.B.5.b.ii(b), 3007.B.6,
3009.A-I, 3011.A-C, 3013.A-I,
3015.A-H, 3017.A-E, 3019.A-
B.2, 3019.B.1, 3021, 3021 A,
B, C, D & E, 3021.F.3-4,
3021.F., 1-3, 3023.A-E.6,
3025, 3025 A, A 1-3, 3025.B,
3025.B.1, 3025.B.1.a,
3025.B.1.b, 3025.B.2.a,
3025.C, 3025.C.1-2,
3025.C.2.a, as amended March
20, 1995, effective March 20,
1995; Chap 30 Appendices A-L,
as amended May 20, 1996,
effective May 20, 1996;
3105.A.I, as amended September
20, 1994, effective September
20, 1994; 3511.D.1, as amended
March 20, 1995, effective
March 20, 1995; 4105.C & C.2,
as amended September 20, 1994,
effective September 20, 1994;
4381.D.1, 4381.D.2-D.2.b,
4383.A-B, as amended March 20,
1995, effective March 20,
1995, 4513, as amended
September 20, 1995, effective
September 20, 1995; 4523,
1995; and 4523, as amended
March 20, 1995, effective
September 20, 1995.
[[Page 67575]]
3. Burning of Hazardous Waste in LRS 30: 2180 et seq, as amended
Boilers and Industrial Furnaces, June 14, 1991, effective June
Technical Amendment II, [56 FR 42504- 14, 1991; LHWR Secs.
42517] August 27, 1991. (Checklist 96). 109.Solid Wst.b-4.b.i-iii &
5.d, as amended September 20,
1994, effective September 20,
1994; 1501.C.2, 3001.A,
3001.F.1.c, as amended March
20, 1995, effective March 29,
1995; 3001.C.1-C.1.b,
3001.C.2.a-C.3.b.iii, as
amended September 20, 1996,
effective September 20, 1996;
4307, as amended March 20,
1996, effective March 20,
1996; 105.D.33.b, as amended
May 20, 1996, effective May
20, 1996; 105.H.1, 109
Infrared Incinerator, 109.
Plasma arc Incinerator, as
amended March 20, 1995,
effective March 20, 1995; 110,
as amended September 20, 1996,
effective September 20, 1996;
3001. A-E, 3001.F, 3003.A-C.2,
3005.A-I, as amended September
20, 1995, effective September
20, 1995; 3007.A-L, 3009.A-I,
3011.A-C, 3013.A-I, 3015.A-H,
3017.A-E, 3019.A-B.2,
3019.B.1, 3021, 3021 A, B, C,
D & E, 3021.F.4, 3021.F., 1-3,
3023.A-E.6, 3023.D.2, 3025,
3025 A, A 1-3, 3025.B,
3025.B.1, 3025.B.1.a,
3025.B.1.b, 3025.B.2.a,c,
3025.C, 3025.C.1-2,
3025.C.2.a, as amended March
20, 1995, effective March 20,
1995; Chap 30 Appendices A-L,
as amended May 20, 1996,
effective May 20, 1996;
3105.A.I, as amended September
20, 1994, effective September
20, 1994; 3511.D.1, as amended
March 20, 1995, effective
March 20, 1995; 4105.C & C.2,
as amended September 20, 1994,
effective September 20, 1994;
4381.D.1, 4381.D.2 4381.D.2.a-
2.b, 4383.A-B, as amended
March 20, 1995, effective
March 20, 1995, 4513, as
amended September 20, 1995,
effective September 20, 1995;
4523, 1995; and 4523, as
amended March 20, 1995,
effective September 20, 1995.
4. Burning of Hazardous Waste in LRS 30: 2180 et seq, as amended
Boilers and Industrial Furnaces; June 14, 1991, effective June
Technical Amendments III, [57 FR 38558- 14, 1991; LHWR Secs.
38566] August 25, 1992. (Checklist 109.Solid Wst.b-4.b.i-iii &
111). 5.d, as amended September 20,
1994, effective September 20,
1994; 1501.C.2, 3001.A,
3001.F.1.c, as amended March
20, 1995, effective March 29,
1995; 3001.C.1-C.1.b,
3001.C.2.a-C.3.b.iii, as
amended September 20, 1996,
effective September 20, 1996;
4307, as amended March 20,
1996, effective March 20,
1996; 105.D.33.b, as amended
May 20, 1996, effective May
20, 1996; 105.H.1, 109
Infrared Incinerator, 109.
Plasma arc Incinerator, as
amended March 20, 1995,
effective March 20, 1995; 110,
as amended September 20, 1996,
effective September 20, 1996;
3001. A-E, 3001.F, 3003.C.1,
3003.A-C.2, 3005.A-I, as
amended September 20, 1995,
effective September 20, 1995;
3007.A-L, 3009.A-I, 3011.A-C,
3013.A-I, 3015.A-H, 3017.A-E,
3019.A-B.2, 3019.B.1, 3021,
3021 A, B, C, D & E, 3021.F.4,
3021.F., 1-3, 3023.A-E.6,
3023.D.2, 3025, 3025 A, A 1-3,
3025.B, 3025.B.1, 3025.B.1.a,
3025.B.1.b, 3025.B.2.a,c,
3025.C, 3025.C.1-2,
3025.C.2.a, as amended March
20, 1995, effective March 20,
1995; Chap 30 Appendices A-L,
as amended May 20, 1996,
effective May 20, 1996;
3105.A.I, as amended September
20, 1994, effective September
20, 1994; 3511.D.1, as amended
March 20, 1995, effective
March 20, 1995; 4105.C & C.2,
as amended September 20, 1994,
effective September 20, 1994;
4381.D.1, 4381.D.2 4381.D.2.a-
2.b, 4383.A-B, as amended
March 20, 1995, effective
March 20, 1995, 4513, as
amended September 20, 1995,
effective September 20, 1995;
4523, 1995; and 4523, as
amended March 20, 1995,
effective September 20, 1995.
5. Burning of Hazardous Waste in LRS 30: 2180 et seq, as amended
Boilers and Industrial Furnaces; June 14, 1991, effective June
Technical Amendment IV, [57 FR 44999- 14, 1991; LHWR Secs.
45001] September 30, 1992. (Checklist 105.D.33.b, as amended May 20,
114). 1996, effective May 20, 1996;
105.H.1, 109 Infrared
Incinerator, 109. Plasma arc
Incinerator, as amended March
20, 1995, effective March 20,
1995; 110, as amended
September 20, 1996, effective
September 20, 1996; 3001. A-E,
3001.F, 3003.C.1, 3003.A-C.2,
3005.A-I, as amended September
20, 1995, effective September
20, 1995; 3007.A-L, 3009.A-I,
3011.A-C, 3013.A-I, 3015.A-H,
3017.A-E, 3019.A-B.2,
3019.B.1, 3021, 3021 A, B, C,
D & E, 3021.F.4, 3021.F., 1-3,
3023.A-E.6, 3023.D.2, 3025,
3025 A, A 1-3, 3025.B,
3025.B.1, 3025.B.1.a,
3025.B.1.b, 3025.B.2.a,c,
3025.C, 3025.C.1-2,
3025.C.2.a, as amended March
20, 1995, effective March 20,
1995; Chap 30 Appendices A-L,
as amended May 20, 1996,
effective May 20, 1996;
3105.A.I, as amended September
20, 1994, effective September
20, 1994; 3511.D.1, as amended
March 20, 1995, effective
March 20, 1995; 4105.C & C.2,
as amended September 20, 1994,
effective September 20, 1994;
4381.D.1, 4381.D.2 4381.D.2.a-
2.b, 4383.A-B, as amended
March 20, 1995, effective
March 20, 1995, 4513, as
amended September 20, 1995,
effective September 20, 1995;
4523, 1995; and 4523, as
amended March 20, 1995,
effective September 20, 1995.
[[Page 67576]]
6. Boilers and Industrial Furnaces; LRS 30: 2180 et seq, as amended
Changes for Consistency with New Air June 14, 1991, effective June
Regulations, [58 FR 3881-38884] July 14, 1991; LHWR Secs. 110, as
20, 1993. (Checklist 125). amended September 20, 1996,
effective September 20, 1996;
3009.E.3, as amended May 20,
1996, effective May 20, 1996;
3013.H, as amended May 20,
1995, effective May 20, 1995;
and Chapter 30.App J, as
amended May 20, 1996,
effective May 20, 1996.
7. Testing and Monitoring Activities, LRS 30: Sec. 2180 et seq, as
[58 FR 46040-46051] August 31, 1993. amended June 14, 1991,
(Checklist 126). effective June 14, 1991;
Louisiana Hazardous Waste
Regulations (LHWR) Secs. 110,
105.M.3.a.i, 537.B.2.b.ii(a)-
(b), 529.C.1.c-d, 1901.A,
2223, 2223.A, 2515.D,
4431.A.1, 4507.D, 4903.c.1-2,
4903.E.1, Ch.49.App.A,
Ch.49.App.B, Ch. 49.App.C,
Chap 49 App A.Tbl 8-10, as
amended September 20, 1996;
effective September 20, 1996;
Sec. 3115.B.1.c-d, as amended
March 20, 1995; effective
March 20, 1995.
8. Boilers and Industrial Furnaces; LRS 30: 2180 et seq, as amended
Administrative Stay and Interim June 14, 1991, effective June
Standards for Bevill Residues, [58 FR 14, 1991; LHWR Secs.
59598-59603] November 9, 1993. 3025.B.2.a, as amended
(Checklist 127). September 20, 1996, effective
September 20, 1996; Chap 30
App G, as amended May 20,
1996.
9. Hazardous Waste Management System; LRS 30: 2180 et seq, as amended
Identification and Listing of June 14, 1991, effective June
Hazardous Wastes from Wood Surface 14, 1991; LHWR Secs. 110, and
Protection, [59 FR 458-469] January 4, 3105.Tbl.1, as amended
1994. (Checklist 128) September, 20, 1996; effective
September 20, 1996.
10. Hazardous Waste Management System; LRS 30: 2180 et seq, as amended
Identification and Listing of June 14, 1991, effective June
Hazardous Waste; Treatability Studies 14, 1991; LHWR Secs.
Sample Exclusion, [59 FR 8362-8366] 105.D.37.b.i-ii, 105.D.37.c,
February 18, 1994. (Checklist 129). 105.D.37.c.i-iii,
105.D.37.c.iii.(a)-(e),
105.D.38.c, 105.D.38.d,
105.D.38.e, as amended
September 20, 1996; effective
September 20, 1996.
11. Hazardous Waste Management System; LRS 30: 2180 et seq, as amended
Identification and Listing of June 14, 1991, effective June
Hazardous Waste; Recycled Used Oil 14, 1991; LHWR Secs. 4001,
Management Standards; [59 FR 10550- 4003.B.1.b, 4003.B.2.c,
10560] March 4, 1994. (Checklist 130). 4003.G, 4003.G.1-6, 4009.B.2,
4009.B.2.a, 4009.B.b,
4009.B.2.c-e, 4027.C, 4033.C,
4037.A.5, 4037.B.5, 4047.C,
4067.C, as amended March 20,
1995; effective March 20,
1995, Sec. 4003.G, 4003.G.1-
6, 4009.B.2.c-e, as amended
September 20, 1996; effective
September 20, 1996.
12. Recordkeeping Instructions; LRS 30: 2180 et seq, as amended
Technical Amendment, [59 FR 13891- June 14, 1991, effective June
13893] March 24, 1994. (Checklist 131). 14, 1991; LHWR Secs.
1529.B.3.Tbl.1,
1529.B.4.Tbl.2,
4357.B.3.Tbl.1, and
4357.B.4.Tbl.2, as amended
September 20, 1996; effective
September 20, 1996.
13. Hazardous Waste Management System; LRS 30: 2180 et seq, as amended
Identification and Listing of June 14, 1991, effective June
Hazardous Wastes; Waste from Wood 14, 1991; LHWR Sec. 110, as
Surface Protection; Correction, [59 FR amended September 20, 1996;
28484] June 2, 1994. (Checklist 132). effective September 20, 1996.
14. Standards Applicable to Owners and LRS 30: 2180 et seq, as amended
Operators of Hazardous Waste June 14, 1991, effective June
Treatment, Storage, and Disposal 14, 1991; LHWR Secs. 3719.D,
Facilities, Underground Storage Tanks, and 3719.K, as amended
and Underground Injection Control September 20, 1996; effective
Systems; Financial Assurance; Letter September 20, 1996.
of Credit, [59 FR 29958-29960] June
10, 1994. (Checklist 133).
15. Hazardous Waste Management System; LRS 30: 2180 et seq, as amended
Correction of Listing of P015- June 14, 1991, effective June
Beryllium Powder, [59 FR 31551] June 14, 1991; LHWR Sec.
20 1994. (Checklist 134). 4901.E.Tbl.3, as amended
September 20, 1996; effective
September 20, 1996, Sec.
Ch.22.Tbl.2, as amended
January 20, 1996; effective
January 20, 1996.
------------------------------------------------------------------------
Louisiana is not authorized to operate the Federal program on
Indian lands, this authority remains with EPA.
D. Decision
I conclude that Louisiana's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, Louisiana is granted final authorization to operate its
hazardous waste program as revised, assuming no adverse comments are
received as discussed above. Upon effective final approval Louisiana
will be responsible 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 will have 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.
E. Codification in Part 272
EPA uses 40 CFR part 272 for codification of the decision to
authorize Louisiana's program and for incorporation by reference of
those provisions of Louisiana's statutes and regulations that EPA will
enforce under sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is
reserving amendment of 40 CFR part 272, subpart T until a later date.
F. Compliance with Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of section 3 of Executive Order 12866.
G. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA
[[Page 67577]]
to identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule.
The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of the EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. The EPA does not anticipate that the approval
of Louisiana's hazardous waste program referenced in today's document
will result in annual costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector. The Act excludes from the
definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program, except in certain cases
where a ``Federal intergovernmental mandate'' affects an annual federal
entitlement program of $500 million or more that are not applicable
here. Louisiana's request for approval of a hazardous waste program is
voluntary; if a state chooses not to seek authorization for
administration of a hazardous waste program under RCRA subtitle C, RCRA
regulation is left to the EPA.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures $100 million or more for state,
local, and tribal governments in the aggregate, or the private sector
in any one year. The EPA does not anticipate that the approval of
Louisiana's hazardous waste program referenced in today's document will
result in annual costs of $100 million or more. The EPA's approval of
state programs generally may reduce, not increase, compliance costs for
the private sector since the State, by virtue of the approval, may now
administer the program in lieu of the EPA and exercise primary
enforcement. Hence, owners and operators of treatment, storage, or
disposal facilities (TSDFs) generally no longer face dual federal and
state compliance requirements, thereby reducing overall compliance
costs. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
The EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved state hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR parts 264, 265, and 270 and are not subject to any additional
significant or unique requirements by virtue of this program approval.
Once EPA authorizes a State to administer its own hazardous waste
program and any revisions to that program, these same small governments
will be able to own and operate their TSDFs and underground storage
tanks under the approved State program, in lieu of the Federal program.
H. Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
The EPA recognizes that small entities may own and/or operate TSDFs
that will become subject to the requirements of an approved state
hazardous waste program. However, since such small entities which own
and/or operate TSDFs are already subject to the requirements in 40 CFR
parts 264, 265 and 270, this authorization does not impose any
additional burdens on these small entities. This is because EPA's
authorization would result in an administrative change (i.e., whether
the EPA or the state administers the RCRA subtitle C program in that
state), rather than result in a change in the substantive requirements
imposed on small entities. Once EPA authorizes a state to administer
its own hazardous waste program and any revisions to that program,
these same small entities will be able to own and operate their TSDFs
under the approved state program, in lieu of the federal program.
Moreover, this authorization, in approving a state program to operate
in lieu of the federal program, eliminates duplicative requirements for
owners and operators of TSDFs in that particular state.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provisions of 5 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. It does not impose any new burdens on small entities. This
rule, therefore, does not require a regulatory flexibility analysis.
I. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protections, 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 document 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 11, 1997.
Lynda F. Carroll,
Acting Regional Administrator, Region VI.
[FR Doc. 97-33764 Filed 12-24-97; 8:45 am]
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