Document

Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions

The State of Louisiana has applied for Final authorization to revise its Hazardous Waste Program under the Resource Conservation and Recovery Act (RCRA). The EPA has determined ...

[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46302-46316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6428-6]


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 to revise 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. The EPA reviewed Louisiana's application, and now makes an immediate final decision, subject to receipt of adverse written comment, that Louisiana's Hazardous Waste Program revision satisfies all of the requirements necessary to qualify for final authorization. Consequently, EPA intends to grant Louisiana final authorization for the program modifications contained in the revision.

Dates

This action is effective on October 25, 1999 without further notice, unless the EPA receives relevant adverse comments by September 24, 1999. If adverse comments are received, EPA will publish a timely withdrawal of the immediate final rule or identify the issues raised, respond to the comments, and affirm that the immediate final rule will take effect as scheduled.

Addresses

Mail written comments to Alima Patterson, Region 6, Regional Authorization Coordinator, Grants and Authorization Section (6PD-G), Multimedia Planning and Permitting Division, at the address shown below. You can examine copies of the materials submitted by the State of Louisiana during normal business hours at the following locations: EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665- 8533: or Louisiana Department of Environmental Quality, H.B. Garlock Building, 7290 Bluebonnet, Baton Rouge, Louisiana 70810, (504) 765- 0617.

For Further Information Contact

Alima Patterson at (214) 665-8533.

Supplementary Information

A. What Is Resource Conservation and Recovery Act State Authorization?

RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), provides for authorization of State hazardous waste programs under subtitle C. Under RCRA section 3006, EPA may authorize a State to administer and enforce the RCRA hazardous waste program. See 40 CFR part 271. In fact, Congress designed RCRA so that the entire subtitle C program would eventually be administered by the States in lieu of the Federal Government. This is because the States are closer to, and more familiar with, the regulated community and therefore are in a better position to administer the programs and respond to local needs effectively. After receiving authorization, the State administers the program in lieu of the Federal government, although EPA retains enforcement authority under RCRA sections 3008, 3013, and 7003. Authorized States are required to revise their programs when EPA promulgates Federal Standards that are more stringent or broader in scope than existing federal standards. States are not required to modify their programs to address Federal changes that are less stringent than the existing Federal program or that reduce the scope of the existing Federal program. These changes are optional and noted as such in the Federal Register (FR) document. However, EPA encourages States to adopt optional rules because they provide benefit to environmental protection.

B. Why Are Revisions to State Programs Necessary?

States that receives 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.

C. What Is the Effect of This Authorization?

This authorization should have little impact because the State's requirements are already effective. However, upon approval of the revisions, Louisiana will have authority to regulate the Land Disposal Restrictions (LDR). Currently, the LDR waste are administered by EPA. Louisiana will have authority to issue LDR permits and to ensure that all permits issued to hazardous waste LDR facilities protect of human health and the environment.

D. 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), October 25, 1991 (56 FR 41958), and technical corrections at (56 FR 51762), effective January 23, 1995 and another technical correction was made at (59 FR 55368- 55371), (60 FR 18360), March 8, 1995; We authorized the following revisions: (59 FR 66200), October 17, 1995, (60 FR 53707) effective January 2, 1996, March 28, (61 FR 13777-13782) effective June 11, 1996, December 29, 1997, (62 FR 67572-67577) effective March 16, 1998 and October 23, 1998 (63 FR 56830-56891) effective December 22, 1998. On January 21, 1999, Louisiana submitted a final complete program revision application for additional program approval. In this application, 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. Also, the LDEQ is designated to facilitate communication between the EPA and the State. The State of Louisiana adopted the LDR regulations and they became effective May 1989. Louisiana amended the regulations May 1990, December 1990, July 1991, July 1992, September 1994, March 1995, December 1995, January 1996, May 1997, November 1997, February 1998, April 1998, June 1998, and September 1998.

E. What Revisions Are We Approving With Today's Action?

The State of Louisiana submitted a final complete program revision application, seeking authorization of their revisions in accordance with 40 CFR 271.21. Louisiana's revisions consist of regulations which specifically

govern LDR's. Louisiana requirements appear on the chart included in this document. The EPA is now making a final decision, subject to receipt of written comments that oppose this action, that Louisiana's revision of its hazardous waste program satisfies all of the requirements necessary to qualify for final authorization. Therefore, we grant Louisiana final authorization for the following program revisions:

------------------------------------------------------------------------ Federal citation State analog ------------------------------------------------------------------------ 1. Land Disposal restrictions (Solvents Louisiana Revised Statutes and Dioxins), [51 FR 40572] November (LRS) 30: Sec. 2180 et seq, 7, 1986. (Checklist 34). as amended June 14, 1991, effective June 14, 1991; Louisiana Hazardous Waste Regulations (LHWR) Secs. 105, 105.D.3, 105.D.4.a, 105.H. 105.H.1, 109, as amended June 20, 1998, effective June 20, 1998; 109. Empty Container.1.a, as amended May 20, 1997, effective May 20, 1997, 109 Empty Container.2.b, as amended September 20, 1998, effective September 20, 1998; 110.A, as amended September 20, 1996, effective September 20, 1996; 111, as amended March 20, 1990, effective March 20, 1990; 311.E, as amended September 20, 1994, effective September 20, 1994, 317.C, as amended March 20, 1990, effective March 20, 1990, 319, as amended May 20, 1996, effective May 20, 1996, 501.D, as amended May 20, 1997, effective May 20, 1997, 517.V, as amended May 20, 1997, effective May 20, 1997, 1101.D, as amended April 20, 1998, effective April 20, 1998, 1103.C, as amended September 20, 1998, effective September 20, 1998, 1305.C, as amended September 20, 1998, effective September 20, 1998, 1519.A.1, as amended September 20, 1996, effective September 20, 1996, 1519.B.7, as amended September 20, 1998, effective September 20, 1998, 1519.B.8, as amended September 20, 1996, effective September 20, 1519.B.8.a, 1519.B.b, as amended September 20, 1996, effective September 20, 1996, 1519.B.8.c, 1519.B.8.c.i, as amended September 20, 1998, effective September 20, 1998, 1519.B.8.c.ii, 1519.B.c.ii.(a), 1519.B.8.c.ii(b), 1529.B.12, 1529.B.13, 1529.B.14, 1529.B.15, 1529.B.16, 1529, effective September 20, 1996, 1529.B.6, as amended September 20, 1998, effective September 20, 1998, 2201.C, 2201.D, 2201.G, 2201.G.1, 2201.G.2, as amended May 20, 1997, effective May 20, 1997, 2201.G.4, as amended April 20, 1998, effective April 20, 1998, 2201.G.5, as amended September 20, 1998, effective September 20, 1998, 2201.H, as amended May 20, 1997, effective May 20, 1997, 2203.A.Hallogenated Organic Compounds or HOCs, as amended January 20, 1996, effective January 20, 1996, 2203.A.Hazardous Constituent, 2203.A. Polychlorinated Biphenyls or PCBs, 2203.A.Land Disposal. 2205.A, as amended January 20, 1996, effective January 20, 1996, 2205.A.1, as amended September 20, 1998, effective September 20, 1998, 2205.A.2, 2205.A.3, as amended January 20, 1996, effective January 20, 1996, 2205.B, as amended September 20, 1998, effective September 20, 1998, 2205.C, 2205.D, 2205.E, 2205.F, as amended January 20, 1996, effective January 20, 1996, 2207.A, 2209.A, 2209.A.1, 2209.A.2, 2209.A.3, 2209.B. 2209.C, 2209.C.1, 2209.C.2, 2209.C.3, as amended September 20, 1998, effective September 20, 1998, 2211.A, 2211.B, 2211.B.1, 2211.B.2, 2211.B.3, 2211.C, as amended January 1996, effective January 20, 1996, 2213.A, 2213.A.1, 2213.A.2, 2213.A.3, 2213.B, 2213.B.1, 2213.B.2, 2213.C, 2213.C.1, 2213.C.2, 2213.D, 2213.D.1, 2213.D.2, 2213.D.3, 2213.E, 2213.F, 2213.G, 2213.G.1-2, 2213.G.3, 2215.B, 2215.C, 2215.D, 2215.E, 2215.F, 2215.G, 2215.G.1, 2215.G.2, 2215.G.3, 2215.H, 2215.I, 2223.A, 2223.B, 2223.C, 2227.A, as amended September 20, 1998, effective September 20, 1998, 2227.A.1, 2227.A.2, 2227.B, 2230.I.2.c, 2231.A, 2231.B, 2231.C, 2231.C.1, 2231.D, 2231.E, 2231.F, 2231.G, 2231.H, 2231.1.I, 2231.J, 2231.K, 2237.A, 2237.A.1, 2237.A.2, 2237.A.2.a, as amended January 20, 1996, effective January 20, 1996, 2237.a.2.b.i, 2237.A.2.b.i(a)- (d), 2237.A.2.b.ii-iii, 2237.A.2.c, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.d, as amended September 20, 1998, effective September 20, 1998, 2237.A.3, 2237.A.3.a, 2237.A.3.b, 2237.A.3.b.i, 2237.A.3.b.ii, 2237.A.3.b.iii, 2237.A.3.c, as amended January 20, 1996, effective January 20, 1996, 2237.A.4, as amended September 20, 1998, effective September 20, 1998, 2237.B, 2239.A, 2239.A.1, 2239.A.2, as amended January 20, 1996, 2239.A.3, 2239.A.4, 2239.A.5, 2239.A.6, 2239.A.7, 2239.B, 2239.C, 2239.E, 2239.F, as amended January 20, 1996, 2239.G, as amended September 20, 1998, effective September 20, 1998, 2239.H, 2239.I, 2239.I.1, 2239.1.2, 2239.I.2.a, 2239.I.2.b, 2229.I.2.d, 2239I.2.f, 2239.J, 2241.A, 2241.D.1, 2241.D.2, 2241.D.3, 2241.D.4, 2241.D.5, 2241.E, 2241.E.1, 2241.E.2, ------------------------------------------------------------------------

------------------------------------------------------------------------ Federal citation State analog ------------------------------------------------------------------------ 2241.E.3, 2241.E.4, 2241.E.5, 2241.F, 2241.F.1, 2241.1.a. 2241.F.b, 2241.F.c, 2241.1.D, 2241.F.1.e, 2241.F.1.f, 2241.F.1.g, 2241.F.1.h, 2241.1.i, 2241.F.2, 2241.F.3, 2241.F.4, 2241.F.5, 2241.F.5.a, 2241.F.5.b, 2241.F.5.c, 2241.G, 2241.H, 2241.H.1, 2241.H.2, 2241.I, 2241.J, 2241.K, as amended January 20, 1996, effective January 20, 1996, 2241.L, 2241.M, 2241.N, 2241.O, 2241.P, 2241.Q, 2245.A, 2245.B, 2245.B.1, 2245.B.2, 2245.B.3, 2245.B.4, 2245.C, 2245.C.1, 2245.C.1.a, 2245.C.1.b, 2245.C.1.c, 2245.C.1.d, 2245.C.2, 2245.D, 2245.D.1, 2245.D.2, 2245.D.3, 2245.D.4, 2245.D.7, 2245.E, 2245.E.1, 2245.E.2, 2245.E.3, 2245.F, 2245.H, 2247.A, 2247.A.1, 2247.A.2, 2247.A.3, 2247.B, 2247.B.1, 2247.B.2, 2247.B.3, 2247.B.4, 2247.C, 2247.C.1, 2247.C.2, 2247.D, 2247.E, 2247.F, 2247.F.1, 2247.F.2, Chapter 22 Table 2, Chapter 22 Table 5, as amended September 20, 1998, effective September 20, 1998, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 3901, 3903, 3911, 3913, as amended October 20, 1994, effective October 20, 1994, 3915, 4105.B, as amended May 20, 1997, effective May 20, 1997, 4115.A, as amended January 20, 1996, effective January 20, 1996, 4139.A.2, 4301.E, as amended September 20, 1998, effective September 20, 1998, 4303.B, 4313.A, as amended March 20, 1995, effective March 20, 1995, 4313.E.6, 4313.E.7, 4313.E.6, as amended September 20, 1998, effective September 20, 1998, 4313.E.7.a, 4313.E.7.b, 4313.E.7.c, 4313.E.7.c.i, 4313.E.7.c.ii, 4313.E.c.ii(a), 4313.E.7.c.ii.(b), as amended March 20, 1995, effective March 20, 1995, 4357.B.10, 4357.B.11, 4357.B.12, 4357.B.13, 4357.B.14, 4357.B.15, 4357.B.16, 4357.B.5, 4901.A.1, as amended September 20, 1998, effective September 20, 1998, 4903.F, as amended September 20, 1996, effective September 20, 1996, and Chapter 49 Appendix B, as amended January 20, 1996, effective January 20, 1996. LAC 33:V.319, which refers to LAC 33:I Chapter 5 is more stringent than 40 CFR 260.1(b)(1) and 40 CFR 260.2(b) Federal equivalent(because the regulations in LAC 33:I Chapter 5 require more specific information than that of the Federal regulations. LAC 33:V.3901, 3903, 3911, 3913 and 3915 are more stringent than 40 CFR 261.5(b), (c),(e),(f)(2), and (g)(2) Federal equivalent(s) because the small quantity generators are regulated more stringent in Louisiana than in the above mentioned Federal citations. LAC 33:V.2239.A.1-4 are more stringent than 40 CFR 268.5(a)(1-4) Federal equivalent because Louisiana additionally requires one compacted clay or other LDEQ approved liner in addition to the Federal requirements. LAC 33:V.2239.C is more stringent than 40 CFR 268.5(c) Federal equivalent because the State citation additionally specifies that failure to segregate waste streams shall not constituent justification for a case-by-case extension for those wastes which are separable and treatable. LAC 33:V.2239.H is more stringent than 40 CFR 268.5(g) Federal equivalent because the State citation has a specific time interval whereas the Federal citation has a discretionary period. LAC 33:V.2241.A is more stringent than Federal equivalent 40 CFR 268.6(a) because there is no exemption granted to the generator for land disposal of waste streams. Pertaining to only the notification section of this citation, LAC 33:V. 2241.I is more stringent than 40 CFR 268.6(f)(2)-(3) Federal equivalent because it requires a 24 hour notice to the administrative authority once it determined that the hazardous constituents have migrated from the unit. LAC 33:V.2241.N is more stringent than 40 CFR 268.6(k) Federal equivalent because the State term of a petition granted is no longer than what is specified under the final operating permit or up to 5 years from the date of approval if the unit is operating under interim status. The EPA allows for 10 years from the above said date. The State requires exemption to be reviewed at least once every 3 years. LAC 33:V.2241.O is more stringent than 40 CFR 268.6(I) Federal equivalent because it requires additional conditions. LAC 33:V.2241.Q is more stringent than 40 CFR 268.6(n) Federal equivalent because Louisiana sets limits at 50ppm, while EPA's limit is 500ppm. Federal citation 40 CFR 268.1(e)(1) was referenced to LAC 33:V. Chapter 39 because small quantity generators are not exempt from land disposal regulations and thus the State is more stringent.

2. California List Waste Land Disposal LRS 30:2180 et seq., As amended Restrictions, [52 FR 25760) July 8, June 14, 1991, effective June 1987; California List Waste Land 14, 1991; LHWR Secs. 110.A, Disposal Restrictions (Correction 1), as amended September 20, 1996, [52 FR 41295] October 27, 1987. effective September 20, 1996, Checklists 39, 39.1). 1101.D, as amended April 20, 1998, effective April 20, 1998, 1519.B.8.c, 1519.B.8.c.i, as amended September 20, 1998, effective September 20, 1998, 1519.B.8.c.ii, 1519.B.8.c.ii(a)-(b), 1529.B.12, 13, 14, 15, 16, 17 and 18, as amended September 20, 1996, effective September 20, 1996, 2201.G, as amended May 20, 1997, effective May 20, 1997, 2201.G.4, as amended April 20, 1998, effective April 20, 1998, 2201.G.5, as amended September 20, 1998, effective September 20, 1998, 2201.H, 2201.I. as amended May 20, 1997, effective May 20, 1997, 2201.I.1, as amended June 20, 1998, effective June 20, 1998, 2201.I.2, as amended May 20, 1997, effective May 20, 1997, 2203.A. Hallogenated Organic Compounds or HOCs, 2203.A. Land Disposal, 2203.A Polychlorinated Biphenyls or PCBs, 2205.A, 2205.D, 2205.E, 2205.F, as amended January 20, 1996, effective January 20, 1996, 2207.A, 2209.A, 2209.A.1, 2209.A.2, 2209.A.3, 2209.B, 2209.C, 2209.C.1, 2209.C.2, 2209.C.3, as amended September 20, 1998, effective September 20, 1998, 2211.A, 2211.B, 2211.B.1, 2211.B.2, 2211.B.3, 2211.C, as amended January 20, 1996, effective January 20, 1996, 2213.A, 2213.A.1, 2213.A.2, 2213.A.3, 2213.B, 2213.B.1, 2213.B.2, 2213.C, 2213.C.1, 2213.C.2, 2213.D, 2213.D.1, 2213.D.2, 2213.D.3, 2213.E, 2213.F, 2213.G, 2213.G.1, 2213.G.2, 2215.B, 2215.C, 2215.D, 2215.E, 2215.F, 2215.G, 2215.G.1, 2215.G.2, 2215.G.3, 2215.H, 2215.I, as amended September 20, 1998, effective September 20, 1998, 2223.A, as amended April 20, 1998, effective April 20, 1998, 2223.B, 2223.C, as amended September 20, 1998, effective September 20, 1998, 2227.A.1, 2227.A.2, 2227.B, 2230.I.2.c, 2231.G, 2231.H, 2231.I, 2231.J, 2231.K, 2237.A.2, 2237.A.2.a, 2237.A.2.b.i, 2237.A.2.b.i.(a)(d), 2237.A,2.b.ii-iii, 2237.2.c,2237.A.2.d, as amended September 20, 1998, effective September 20, 1998, 2237.B, 2239.A.2, 2239.I.1, 2239.I.2, 2239.I.2.f, 2241.D.4, 2241.D.5, 2241.F, 2241.F.1, 2241.F.1.a, 2241.F.1.b, 2241.F.1.c, 2241.F.1.d, 2241.F.1.e, 2241.F.1.f, 2241.F.1.g, 2241.F.1.h, 2241.F.1.i, 2241.F.2, 2241.F.3, 2241.F.4, 2241.F.5, 2241.F.5.a-c, 2241.G, 2241.H, 2241.H.1-2, 2241.I, 2241.J, as amended January 20, 1996, effective January 20, 1996, 2241.K, 2241.L-Q, 2245.A-B, 2245.B.2, 2245.C, 2245.C.1.b, 2245.C.2, 2245.D, 2245.D.1-4, 2245.D.7, 2245.E, 2245.E.1-3, 2245.F, 2245.H, 2247.A, 2247.A.1, 2247.A.2, 2247.A.3, 2247.B, 2247.B.1, 2247.B.2, 2247.B.3, 2247.B.4, 2247.C, 2247.C.1, 2247.C.2, 2247.D, as amended September 20, 1998, effective September 20, 1998, 2247.E, as amended May 20, 1997, effective May 20, 1997, 2247.F, as amended September 20, 1998, effective September 20, 1998, 2247.F.1, as amended May 20, 1997, effective May 20, 1997, 2247.F.2, as amended September 20, 1998, effective September 20, 1998, chapter 22.table 5, as amended September 20, 1998, effective September 20, 1998, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 4139.A.2, as amended September 20, 1998, effective September 20, 1998, 4303.B, as amended March 20, 1995, effective March 20, 1995, 4313.E.7.c, 4313.E.7.c.i, 4313.E.c.ii, 4313.E.7.c.ii(a)-(b), as amended March 20, 1995, effective March 20, 1995, 4357.B.10, 4357.B.11, 4357.B.12-16, as amended September 20, 1998, effective September 20, 1998. LAC 33:V.2239.A.2 is more stringent than 40 CFR 268.5(a) Federal equivalent(s) because Louisiana specifically requires written evidence of a good faith effort to manage waste. LAC 33:V.2241.n is more stringent than 40 CFR 268.6(k) Federal equivalent because the State term of a petition granted is no longer that what is specified under the final operating permit or up to 5 years from the date of approval if the

3. Land Disposal Restrictions for First LRS 30:2180 et seq., as amended Third Scheduled Wastes, [53 FR 31138] June 14, 1991, effective June August 17, 1988, Land Disposal 14, 1991, LHWR Secs. Restrictions (Correction I) [54 FR 1519.B.8.c, 1519.B.8.c.1, as 8264] February 27, 1989. (Checklist amended September 20, 1998, 50, 50.1). effective September 20, 1998, 1519.B.8.c.ii, 1519.B.8.c.ii.(a)-(b), 1529.B.12-18, as amended September 20, 1998, effective September 20, 1998, 2201.G, as amended May 20, 1997, effective May 20, 1997, 2201.G.4, as amended April 20, 1998, effective April 20, 1998, 2201.G.5, as amended September 20, 1998, effective September 20, 1998, 2201.H, 2201.I, as amended May 20, 1997, effective May 20, 1997, 2201.I.1, as amended June 20, 1998, effective June 20, 1998, 2201.I.2, as amended May 20, 1997, effective May 20, 1997, 2205.D, as amended January 20, 1996, effective January 20, 1996, 2209.A, 2209.A.1, 2209.A.2, 2209.B, as amended January 20, 1996, effective January 20, 1996, 2209.A, 2209.A.1, 2209.A.2, 2209.B, 2209.C, 2209.C.1, 2209.C.2, 2209.C.3, as amended September 20, 1998, effective September 20, 1998, 2211.A-B, 2211.B.1- 3, 2211.C, as amended January 20, 1996, effective January 20, 1996, 2213B, 2213.B.1-2, 2213.C, 2213.C.2, 2213.D, 2213.E, 2215.B, 2215.C, 2215.D, 2215.E, 2215.F, 2215.G, 2215.G.1, 2215.G.2, 2215.G.3, 2215.H, 2215.I, 2223.A, 2223.C, as amended September 20, 1998, effective September 20, 1998, 2227.A.2, 2231.G, 2231.H, 2231.I, 2231.J, 2231.K, 2237.A.2, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.a, as amended September 20, 1998, effective September 20, 1998, 2237.A.2.b.i, as amended January 20, 1996, effective January 20, 1996, September 20, 1998, 2223.B, as amended September 20, 1998, effective September 1998, 2227.A.1-2, 2227.B, 2230.I.2.c, 2231.G, 2231.H, 2231.I, 2231.J, 2231.K, 2237.A.2, 2237.A.2.a, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.b.-i(a)-(d), 2237.A.2.b.ii-iii, 2237.A.2.c, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.d, as amended September 20, 1998, effective September 20, 1998, 2239.A.2, 2239.I.1, 2239.I.2.f, 2239.I.2, 2241.D.4-5, 2241.F, 2241.F.1, 2241.F.1.a-h, 2241.F.1.i, 2241.F.2-5, 2241.F.5.a-c, 2241.G, 2241.H, 2241.H.1-2, 2241.1, 2241.J, as amended January 20, 1996, effective January 20, 1996, 2241.K, 2241.L, 2241.M, 2241.N, 2241.O, 2241.P, 2241.Q, 2245.A, 2245.B, 2245.B.2, 2245.C, 2245.C, 2245.c.1.B, 2245.C.2, 2245.D, 2245.D.1-4, 2245.D.7, 2245.E, 2245.E.1, 2245.E.2-3, 2245.F, 2245.H, 2247.A, 2247.A.1-3, 2247.B, 2247.B.1-4, 2247.C, 2247.C.1-2, as amended September 20, 1998, effective September 20, 1998, 2247.D, as amended May 20, 1997, effective May 20, 1997, 2247.E, as amended September 20, 1998, effective September 20, 1998, 2247.F, as amended May 20, 1997, effective May 20, 1997, 2247.F.1-2, as amended September 20, 1998, effective September 20, 1998, Chapter 22. Table 5, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 4139.A.2, as amended September 20, 1998, effective September 20, 1998, 4303.B, 4313.E.7.c, 4313.E.7.c.i-ii, 4313.E.7.ii(a)-(b), as amended March 20, 1995, effective March 20, 1995,

4. Land Disposal Restrictions LRS 30:2180 et seq., as amended Amendments to First Third Scheduled June 14, 1991, effective June Waste (Technical Correction), [54 FR 14, 1991, LHWR Secs. 18836] May 2, 1989. (Checklist 62). 1519.B.8.c, 1519.B.8.c.i, as amended September 20, 1998, effective September 20, 1998, 1519.B.8.c.ii, as amended September 20, 1996, effective September 20, 1996, 1519.B.8.c.ii.(a)-(b), 1529.B.12-18, as amended September 20, 1998, effective September 20, 1998, 2201.G, as amended May 20, 1997, effective May 20, 1997, 2201.G.4, as amended April 20, 1998, effective April 20, 1998, 2201.G.5, as amended September 20, 1998, effective September 20, 1998, 2201.H, 2201.I, as amended May 20, 1997, effective May 20, 1997, 2201.I.1, as amended June 20, 1998, effective June 20, 1998, 2201.I.2, as amended May 20, 1997, effective May 20, 1997, 2205.D, as amended January 20, 1996, effective January 20, 1996, 2209.A, 2209.A.1, 2209.A.2, 2209.B, 2209.C, 2209.C.1, 2209.C.2, 2209.C.3, as amended September 20, 1998, effective September 20, 1998, 2211.A-B, 2211.B.1-3, 2211.C, as amended January 20, 1996, effective January 20, 1996, 2213B, 2213.B.1-2, 2213.C, 2213.C.2, 2213.D, 2213.E, 2215.B, 2215.C, 2215.D, 2215.E, 2215.F, 2215.G, 2215.G.1, 2215.G.2, 2215.G.3, 2215.H, 2215.I, 2223.A, 2223.C, as amended September 20, 1998, effective September 20, 1998, 2227.A.2, 2231.G, 2231.H, 2231.I, 2231.J, 2231.K, 2237.A.2, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.a, as amended September 20, 1998, effective September 20, 1998, 2237.A.2.b.i, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.b.b- i(a)-(d), 2237.A.2.b.ii-iii, 2237.A.2.c, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.d, as amended September 20, 1998, effective September 20, 1998, 2239.I.2, 2241.D.4-5, 2241.F, 2241.F.1, 2241.F.1.a-h, 2241.F.1.i, 2241.F.2-5, 2241.F.5.a-c, 2241.G, 2241.H, 2241.H.1-2, 2241.1, 2241.J, as amended January 20, 1996, effective January 20, 1996, 2241.K, 2241.L 2241.M, 2241.N, 2241.O, 2241.P, 2241.Q, 2245.A, 2245.B, 2245.C-D, 2245.D 2245.D.1-4, 2245.D.7, 2245.E, 2245.E.1, 2245.E.2-3, 2245.F, 2245.H, 2247.A, 2247.A.1-3, 2247.B, 2247.B.1- 4, 2247.C, 2247.C.1-2, as amended September 20, 1998, effective September 20, 1998, 2247.D, as amended May 20, 1997, effective May 20, 1997, 2247.E, as amended September 20, 1998, effective September 20, 1998, 2247.F, as amended May 20, 1997, effective May 20, 1997, 2247.F.1-2, as amended September 20, 1998, effective September 20, 1998, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 4139.A.2, as amended September 20, 1998, effective September 20, 1998, 4313.E.7.c, 4313.E.7.c.i-ii, 4313.E.7.ii(a)-(b), as amended March 20, 1995, effective March 20, 1995, 4357.B.10-16, as amended September 20, 1998, effective September 20, 1998. 5. Land Disposal Restrictions For LRS 30:2180 et seq., as amended Second Third Scheduled Wastes [54 FR June 14, 1991, effective June 26594] June 23, 1989. (Checklist 63). 14, 1991; LHWR Secs. 2217.B, 2217.C, 2217.D, 2217.E, 2217.E.1-2, 2217.F, 2217.G, 2217.H, as amended September 20, 1998, effective September 20, 1998, 2227.A.3, as amended January 20, 1996, effective January 20, 1996, 2217.B-E, as amended September 20, 1998, effective September 20, 1998, 2217.E.1-2, 2217.F-H, as amended September 20, 1998, effective September 20, 1998,

6. Land Disposal Restrictions; LRS 30:2180 et seq., as amended Correction to the First Third June 14, 1991, effective June Scheduled Waste (Correction), [54 FR 14, 1991, LHWR Secs. 36967] September 6, 1989, Land 1519.B.8.c, 1519.B.8.c.1, as Disposal Restrictions; Correction to amended September 20, 1998, the First Third Scheduled Wastes, [55 effective September 20, 1998, FR 23935] June 13, 1990. (Checklists 1519.B.8.c.ii, 66, 66.1). 1519.B.8.c.ii.(a)-(b), 1529.B.12-18, as amended September 20, 1998, effective September 20, 1998, 2201.G, as amended May 20, 1997, effective May 20, 1997, 2201.G.4, as amended April 20, 1998, effective April 20, 1998, 2201.G.5, as amended September 20, 1998, effective September 20, 1998, 2201.H, 2201.I, as amended May 20, 1997, effective May 20, 1997, 2201.I.1, as amended June 20, 1998, effective June 20, 1998, 2201.I.2, as amended May 20, 1997, effective May 20, 1997, 2205.D, as amended January 20, 1996, effective January 20, 1996, 2209.A, 2209.A.1, 2209.A.2, 2209.B, 2209.C, 2209.C.1, 2209.C.2, 2209.C.3, as amended September 20, 1998, effective September 20, 1998, 2211.A-B, 2211.B.1-3, 2211.C, as amended January 20, 1996, effective January 20, 1996, 2213B, 2213.B.1-2, 2213.C, 2213.C.2, 2213.D, 2213.E, 2215.B, 2215.C, 2215.D, 2215.E, 2215.F, 2215.G, 2215.G.1, 2215.G.2, 2215.G.3, 2215.H, 2215.I, 2223.A, 2223.C, as amended September 20, 1998, effective September 20, 1998, 2227.A.2, 2231.G, 2231.H, 2231.I, 2231.J, 2231.K, 2237.A.2, as amended January 20, 1996, effective January 20, 1996, effective January 20, 1996, 2237.A.2.a, as amended September 20, 1998, effective September 20, 1998, 2237.A.2.b.i, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.b.b- i(a)-(d), 2237.A.2.b.ii-iii, 2237.A.2.c, as amended January 20, 1996, effective January 20, 1996, 2237.A.2.d, as amended September 20, 1998, effective September 20, 1998, 2239.I.2, 2241.D.4-5, 2241.F, 2241.F.1, 2241.F.1.a-h, 2241.F.1.i, 2241.F.2-5, 2241.f.5a-c, 2241.G, 2241.H, 2241.H.1-2, 2241.1, 2241.J, as amended January 20, 1996, effective January 20, 1996 as amended January 20, 1996, effective January 20, 1996, 2241.K, 2241.L, 2241.M, 2241.N, 2241.0, 2241.P, 2241.Q, 2245.A, 2245.B, 2245.C- D, 2245.D.1-4, 2245.D.7, 2245.E, 2245.E.1, 2245.E.2-3, 2245.F, 2245.H, 2247.A, 2247.A.1-3, 2247.B, 2247.B.1- 4, 2247.C, 2247.C.1-2, as amended September 20, 1998, effective September 20, 1998, 2247.D, as amended May 20, 1997, effective May 20, 1997, 2247.E, as amended September 20, 1998, effective September 20, 1998, 2247.F, as amended May 20, 1997, effective May 20, 1997, 2247.F.1-2, as amended September 20, 1998, effective September 20, 1998, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 4139.A.2, as amended September 20, 1998, effective September 20, 1998, 4313.E.7.c, 4313.E.7.c.i-ii, 4313.E.7.ii(a)-(b), as amended March 20, 1995, effective March 20, 1995, 4357.B.10-16, as amended September 20, 1998, effective September 20, 1998, as amended September 20, 1998, effective September 20, 1998, 2201.H, 2201.I, as amended May 20, 1997, effective May 20, 1997, 2201.I.1, as amended June 20, 1998, effective June 20, 1998, 2201.I.2, as amended May 20, 1997, 4379.C, 4381.D.4, 4397.B, 4397.B.1-3, 4401.A, 4462.H, as amended March 20, 1995, effective March 20, 1995, 4701.A.1, 4701.A.2-3, 4701.3.a-c, 4701.A.4-5, 4703.A, 4703.A.1- 2, 4703.A.2.a-b, 4703.A.3-4, 4703.B, 4703.B.1-2, 4703.B.2.a- b, 4703.B.3, 4703.B.3.a, 4703.B.3.a.i-ii, 4703.B.3.b-c, 4703.B.4, 4703.B.4.a-c, 4703.C, 4703.C.1, 4703.C.1.a- d, 4703.C.2-3, 4703.C.3.a, 4703.C.3.a.i-iv, 4703.C.3.b-c, 4703.C.4, 47.D, 4703.D.1-2, 4703.D.3, 4703.E, 4705, 4705.B, as amended March 20, 1995, effective March 20, 1995.

7. Land Disposal Restrictions for Third LRS:30:2180 et seq., as amended Third Scheduled Waste (HSAA June 14, 1991, effective June Provisions) [55 FR 22520] June 1, 14, 1991, LHWR Secs. 1990, Land Disposal Restrictions for 109.Hazardous Waste.5.a, as Third Third Scheduled Waste (Non-HSAA amended May 20, 1997, Provisions) [55 FR 22520] June 1, effective May 20, 1997, 1990. (Checklist 78H, 78N). 322.B.1.b, 1103.B, as amended September 20, 1996, effective September 20, 1996, 1109.E.1.e, 1109.E.7.c, as amended September 20, 1998, effective September 20, 1998, 1519.A.2, as amended September 20, 1996, effective September 20, 1996, 2201.G.4, 2201.G.4.a, 2201.G.4.b, as amended April 20, 1998, effective April 20, 1998, 2203.A, 2203.A.Dris, 2203.A.Hallogenated Organic Compounds or HOCs, 2203.A.Hazardous Constituent, 2203.A.Land Disposal, 2203.A.Nonwastewaters, 2203.A.Polychlorinated Bihenyls or PCBs, as amended September 20, 1996, effective September 20, 1996, 2203.A.Wastewaters, 2207.A, 2207.B., 2215.D, 2219.B, 2219.B, 2219.C.1-2, 2219.D, 2219.E.1, 2219.F, 2219.G, 2219.G.1-4, 2219.H, 2223.A, 2223.C, 2227.A, as amended September 20, 1998, effective September 20, 1998, 2227.A.2- 3, 2227.B-C, 2227.C, 2227.C.1- 4, 2227.D, as amended January 20, 1996, effective January 20, 1996, 2245.A, 2245.B.2, 2245.C.1.b, 2245.D.2, 2245.E, 2245.E.1-3, 2245.G, 2245.H, 2245.I, 2246.A-B, as amended September 20, 1998, effective September 20, 1998, 2246.C-D, 2246.D.1, 2245.D.1.a, as amended January 20, 1996, effective January 20, 1996, 2246.D.1.b, as amended September 20, 1998, effective September 20, 1998, 2246.D.1.c, 2246.D.2, as amended January 20, 1996, effective January 20, 1996, 2247.B.2, 2247.C, 2247.C.1, 2247.C.3, 2247.E, as amended September 20, 1998, 2247.F, as amended May 20, 1997, effective May 20, 1997, Chapter 22 Table 3, as amended September 20, 1990, effective September 20, 1990, Chapter 22 Table 6, as amended January 20, 1996, effective January 20, 1996, 2311.A, as amended December 20, 1990, effective December 20, 1990, 2511.A, as amended September 20, 1998, effective September 20, 1998, 2511.B.B.1-3, as amended September 20, 1994, effective September 20, 1994, 2519.F, as amended January 20, 1996, effective January 20, 1996, 2715, as amended September 20, 1994, effective September 20, 1994, 2913, as amended September 20, 1994, effective September 20, 1994, effective 20, September 20, 1994, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 4301.E, as amended September 20, 1998, effective September 20, 1998, 4312.B, as amended March 20, 1995, effective March 20, 1995, 4459, 4471, as amended December 20, 1990, effective December 20, 1990, 4491, as amended March 20, 1994, effective March 20, 1994, 4503.A, 4503.B, as amended September 20, 1994, effective September 1994, 4511.F, as amended September 20, 1998, effective September 20, 1998, 4901.B.Table 1, as amended November 20, 1997, effective November 20, 1997, 4901.D.3, as amended September 20, 1998, effective September 20, 1998, 4901.G.Table 6, as amended April 20, 1998, effective April 20, 1998, 4903.B, 4903.C, 4903.D, as amended September 20, 1996, effective September 20, 1996, 4903.F, as amended September 20, 1996, effective September 20, 1996, Chapter 49 Appendix B, as amended January 20, 1996, effective January 20, 1996.

8. Land Disposal Restriction for Third LRS:30:2180 et seq., as amended Scheduled Wastes; Technical Amendment June 14, 1991, effective June (HSAA), [56 FR 3864] January 31, 1991. 14, 1991, LHWR Secs. (Checklist 83). 109.Hazardous Waste.5.a, as amended May 20, 1997, effective May 20, 1997, 322.B.1.b, 1103.B, as amended September 20, 1996, effective September 20, 1996, 1109.E.1.e, 1109.E.7.c, as amended September 20, 1998, effective September 20, 1998, 1519.A.2, as amended September 20, 1996, effective September 20, 1996, 2201.G.4, 2201.G.4.a, 2201.G.4.b, as amended April 20, 1998, effective April 20, 1998, 2203.A, 2203.A. Debris, 2203.A.Hallogenated Organic Compounds or HOCs, 2203.A.Hazardous Constituent, 2203.A.Land Disposal, 2303.A.Nonwaster-waters, 2203.A.Polychlorinated Bihenyls or PCBs, as amended September 20, 1996, effective September 20, 1996, 2203.A.Wastewaters, 2207.A, 2207.B., 2215.D, 2219.B, 2219.C.1-2, 2219.D, 2219.E.1, 2219.F, 2219.G, 2219.G.1-4, 2219.H, 2223.A, 2223.C, 2227.A, as amended September 20, 1998, effective September 20, 1996, 2227.A.2-3, 2227.B- C, 2227.C, 2227.C.1-4, 2227.D, as amended January 20, 1996, effective January 20, 1996, 2245.A, 2245.B.2, 2245.C.1.b, 2245.D.2, 2245.E, 2245.E.1-3, 2246.D.1, 2245.D.1.a, as amended January 20, 1996, 2246.d.1.b, as amended September 20, 1998, effective September 20, 1998, 2246.D.1.c, 2246.D.2, as amended January 20, 1996, effective January 20, 1996. 2247.B.2, 2247.C, 2247.C.1, 2247.C.3, 2247.E, as amended September 20, 1998, 2247.F, as amended May 20, 1997, effective May 20, 1997, Chapter 22 Table 9, as amended September 20, 1990, effective September 20, 1990, Chapter 22 Table 6, as amended January 20, 1996, effective January 20, 1996, 2311.A, as amended December 20, 1990, effective December 20, 1990, 2511.A, as amended September 20, 1998, effective September 20, 1998, 2511.B.B.1-3, as amended September 20, 1994, effective September 20, 1994, 2519.F, as amended January 20, 1996, effective January 20, 1996, 2715, as amended September 20, 1994, effective September 20, 1994, 2913, as amended September 20, 1994, effective September 20, 1994, Chapter 39, as amended May 20, 1997, effective May 20, 1997, 4301.E, as amended September 20, 1998, effective September 20, 1998, 4312.B, as amended March 20, 1995, effective March 20, 1995, 4459, 4471, as amended December 20, 1990, effective December 20, 1990, 4491, as amended March 20, 1994, effective March 20, 1994, 4503.A, 4503.B, as amended September 20, 1994, effective September 1994, 4511.F, as amended September 20, 1996, effective September 20, 1996, 4901.B.Table 1, as amended November 20, 1997, effective November 20, 1997, 4901.D.3, as amended September 20, 1998, effective September 20, 1998, 4901.G.Table 6, as amended April 20, 1998, effective April 20, 1998, 4903.B, 4903.C, 4903.D, as amended September 20, 1996, effective September 20, 1996, 4901.D.3, as amended September 20, 1998, effective September 20, 1998, 4901.G.Table 6, as amended April 20, 1998, effective April 20, 1998, 4903.B, 4903.C, 4903.D, as amended September 20, 1996, effective September 20, 1996, 4903.E.2, 4903.F, Chapter 49 Appendix C, as amended September 20, 1996, effective September 20, 1996. 9. Land Disposal Restrictions for LRS:30:2180 et seq., as amended Electric Arc Furnace Dust (K061), [56 June 14, 1991, effective June FR 41164] August 19, 1991. (Checklist 14, 1991, LHWR Secs. 95). 105.D.1.k, as amended June 20, 1998, effective June 20, 1998, 109.Hazardous Waste.4.b.ii.(c).(i) &ii, as amended May 20, 1997, effective May 20, 1997.

10. Second Correction to the Third Land LRS:30:2180 et seq., as amended Disposal Restrictions, [57 FR 8086], June 14, 1991, effective June March 6, 1992]. (Checklist 102). 14, 1991, LHWR Secs. 109.Hazardous Waste.5.a, as amended May 20, 1997, effective May 20, 1997, 322.B.1.b, 322.B.1.c, 1103.B, as amended September 20, 1996, effective September 20, 1996, 1109.E.1.e, 1109.E.7.c, as amended September 20, 1998, effective September 20, 1998, 1519.A.2, as amended September 20, 1996, effective September 20, 1996, 2201.G.4, 2201.G.4.a, 2201.G.4.b, as amended April 20, 1998, effective April 20, 1998, 2203.A, 2203.A.Dris, 2203.A.Hallogenated Organic Compounds or HOCs, 2203.A.Hazardous Constituent, 2203.A.Land Disposal 2203.A.Nonwastewaters, 2203.A.Polychlorinated Bihenyls or PCBs, as amended September 20, 1996, effective September 20, 1996, 2203.A.Wastewaters, 2207.A, 2207.B., 2215.D, 2219.B, 2219.C.1-2, 2219.D, 2219.E.1, 2219.F, 2219.G, 2219.G.1-4, 2219.H, 2223.A, 2223.C, 2227.A, as amended September 20, 1998, effective September 20, 1996, 2227.A.2-3, 2227.B- C, 2227.C, 2227.C.1-4, 2227.D, as amended January 20, 1996, effective January 20, 1996, 2245.A, 2245.B.2, 2245.C.1.b, 2245.D.2, 2245.E, 2245.E.1-3, 2245.G, 2245.H, 2245.I, 2246.A- B, as amended September 20, 1998, effective September 20, 1998, 2246.C-D, 2246.D.1, 2245.D.1.a, as amended January 20, 1996, 2246.d.1.b, as amended September 20, 1998, effective September 20, 1998, 2246.D.1.c, 2246.D.2, as amended January 20, 1996, effective January 20, 1996, 4903.E.2, 4903.F, Chapter 48 Appendix C, as amended September 20, 1996, effective September 20, 1996. LRS:30:2180 et seq., 4903.E.2, 4903.F, Chapter 48 Appendix C, as amended September 20, 1996, effective September 20, 1996. 10. Land Disposal Restrictions, LRS 30:2180 et seq., 2219.C.1- hazardous Waste Debris Case-by-Case 2, 2219.D, 2219.E, 2219.E.1-5, Capacity Variance, [57FR 20766], May 2219.4.E.a-b, 2219.E.b.i-viii, 15, 1992. (Checklist 103). as amended September 20, 1998, effective September 20, 1998. 11. Land Disposal Restrictions, Lead- LRS 30:2180 et seq., as amended Bearing hazardous Materials Case-by- June 14, 1991, effective June Case Variance, [57 Fr 28628], June 26, 14, 1991, LHWR Secs. 2219.C.1- 1992. (Checklist 106). 2, and 2219.I, as amended September 20, 1998, effective September 20, 1998.

12. Land Disposal Restrictions for LRS 30:2180 et seq., Newly Listed Waste and Hazardous 109.Containment Building, Debris, [57 FR 37194], August 18, 109.Hazardous Waste.2.c, 1992. (Checklist 109). 109.Hazardous Waste.4.b.ii(c).(i)-(ii), 109.Hazardous Waste.6, 109.Hazardous Waste.6.a-b, 109.Miscellaneous Unit, 109.Pile, as amended May 20, 1997, effective May 20, 1997, 321.C.5.d.ii(b), as amended September 20, 1995, effective September 20, 1995, effective September 20, 1996, 515.A.25, as amended March 20, 1995, effective March 20, 1995, 517.D, 1109.E.1.c, 1109.E.c.ii, 1109.E.1.d, 1109.E.1.d.i, 1109.E.1.e, 1109.E.d.ii, 1705.A, as amended September 20, 1998, effective September 20, 1998, 1801, 1801.A. 1801.A.2, 1801.A.3.a-c, 1801.A.4-5, as amended September 20, 1995, effective September 20, 1995, 1802.A, 1802.A.1-2, 1802.A.2.a- b, 1802.A.3-4, 1802.B, 1802.B.1-2, 1802.B.2.a, 1802.B.2.b, 1802.B.3, 1802.B.3.a, 1802.B.3.a.i-ii, 1802.B.3.b-c, 1802.B.4, 1802.B.4.a-c, 1802.C, 1802.C.1, 1802.C.1.a, 1802.C.1.b, 1802.C.1.c-d, 1802.C.2-3, 1802.C.3.a, 1802.C.a.ii-iv, 1802.C.3.b-c, 1802.C.4, 1802.C.a.i, 1802.D, 1802.D.1, 1802.D.2-3, 1802.E, 1803.A, 1803.A.3, 1803.B, 2203.A.Debris, as amended March 20, 1995, effective March 20, 1995, 2203.A.Hazardous Waste Debris, as amended January 20, 1996, effective January 20, 1996. 2205.A.1, as amended September 20, 1998, effective September 20, 1998, 2205.A.2, as amended January 20, 1996, effective January 20, 1996, 2221.C.1, as amended January 20, 1996, effective January 20, 1996, 2221.C.2, as amended September 20, 1998, effective September 20, 1998, 2221.C.3, as amended September 20, 1998, September 20, 1998, 2221.C.3, as amended January 20, 1996, effective January 20, 1996, 2221.C.4, as amended September 20, 1998, effective September 20, 1998, 2221.C.5, 2221.C.5.a-d, 2221.C.6, 2223.B, as amended January 20, 1996, effective January 20, 1996, 2223.D, as amended September 20, 1996, effective September 20, 1996, 2227.B, as amended January 20, 1996, effective January 20, 1996, 2230.A, 2230.A.1-5, 2230.B, 2230.B.1-3, 2230.C2230.C.1.b, 2230.C.2-5, 2230.D.1, 2230.D.1.a, as amended May 20, 1997, effective May 20, 1997, 2237.C.1, 2237.C.2-3, 2239.I.2.b, 2239.I.2.d, 2239.I.e, as amended January 20, 1996, effective January 20, 1996, 2239.I.2.f, as amended January 20, 1996, effective January 20, 1996, 2245.B.3, 2245.B.4, 2245.B.5, 2245.C, 2245.D.4, 2245.D.6, 2245.D.7, 2245.E, as amended September 20, 1998, effective September 20, 1998, 2246.D, 2246.D.1.a, January 20, 1996, effective January 20, 1996, 2246.D.1.b, as amended September 20, 1998, effective September 20, 1998, 2246.D.1.c, as amended January 20, 1996, effective January 20, 1998, 2246.D.2, 2246.E, 2246.E.1, 2246.E.1.a-c, 2246.E.2, 2246.E.3, 2246.E.3.a- c, as amended January 20, 1996, effective January 20, 1996, 2247.B, 2247.C.1, Chapter 22 Table 2, as amended September 20, 1998, effective September 20, 1998, Chapter 22 Table 8, as amended May 20, 1997, effective May 20, 1997, 3501.C.1, as amended March 20, 1995, effective March 20, 1995, 3501.C.2, as amended September 20, 1998, effective September 20, 1998, 3501.C.3, 3501.C.4, 3507.C, 3511.A.2, 3701.B.1, 3701.B.2, 3701.B.2- 4, 3705.A, 4303.B.6, 4377.B.1- 4, as amended March 20, 1995, effective March 20, 1995, 4379.C, as amended September 20, 1998, effective September 20, 1998, 4381.D.4, 4397.B, 4397.B.1-3, 4401.A, 4462.H, 4701.A.1, as amended March 20, 1995, effective March 20, 1995, 4701.A.2, 4701.A.3, 4701.A.3.a-c, 4701.A.4-5, as amended September 20, 1995, effective September 20, 1995, 4703.A, 4703.A.1-2, 4703.A.2.a- b, 4703.A.3-4, 4703.B, 4703.B.1-2, 4703.B.2.a-b, 4703.B.3, 4703.B.3.a, 4703.B.3.a.i-ii, 4703.B.3.b-c, 4703.B.4, 4703.B.4.a-c, 4703.C, 4703.C.1, 4703.C.1.a- d, 4703.C.2-3, 4703.c.3.a, 4703.C.3.a.i-iv, 4703.C.3.b-c, 4703.C.4, 4703.D, 4703.D.1-3, 4703.E, 4705.B, as amended March 20, 1995, effective March 20, 1995. 13. Land Disposal Restrictions, LRS 30:2180 et seq., 2219.C.1- Hazardous Soil Case-by-Case Capacity 2, 2219.D, 2219.E, 2219.E.1-5, Variance, [57 FR 47772], October 20, 2219.4.E.a-b, 2219.E.b.i-viii, 1992. (Checklist 116).. as amended September 20, 1998, effective September 20, 1998. 14. Land Disposal Restrictions; Renewal LRS 30:2180 et seq. as amended of the Hazardous Waste Debris Case-by- June 14, 1991, effective June Case Capacity Variance, [58 FR 28506] 14, 1991; 2219.C.1-2, 2219.D, May 14, 1993. Checklist 123).. 2219.E, 2219.E.1-5,2219.4.E.a- b, 2219.E.b.i-viii, as amended September 20, 1998, effective September 20, 1998.

15. Land Disposal Restrictions for LRS 30:2180 et seq., as amended Ignitable and Corrosive Characteristic June 14, 1991, effective June Waste Whose Treatment Standards Were 14, 1991, LHWR Secs. Vacated, [58 FR 29860] May 24, 1993. 322.B.1.b-d, as amended (Checklist 124).. September 20, 1996, effective September 20, 1996, 1501.C.6, as amended May 20, 1997, effective May 20, 1997, 2201.I.3-4, 2203.A. Underlying Hazardous Constituent, as amended September 20, 1998, effective September 20, 1998, 2221,D.1-2, 2223.B, as amended January 20, 1996, effective January 20, 1996, 2245.A, 2245.B.2, 2246.A, 2247.B.2, as amended September 20, 1998, effective September 20, 1998, 4307, as amended June 20, 1998, effective June 20, 1998. 16. Land Disposal Restrictions Phase LRS:30:2180 et seq., as amended III-Decharterized Wastewaters, June 14, 1991, effective June Carbamate Waste, and Spent Postliners, 14, 1991, LHWR Secs. [61 FR 15566] April 4, 1996. 2201.G.4, 2201.G.4.a-b, (Checklist 151).. 2201.G.5, 2201.G.5.a-d, as amended April 20, 1998, 2201I.2, as amended May 20, 1997, effective May 20, 1997, 2201.I.3-4, as amended September 20, 1998, effective September 20, 1998, 2203.A.Inorganic Metal Bearing Waste, 2203.A. Underlying Hazardous Constituents, 2203.A.Waste Water, 2207.A-C, 2207.C.1, 2207.C.2-6, as amended April 20, 1998, effective April 20, 1998, 2221.F.1, as amended September 20, 1998, effective September 20, 1998, 221.F.2-3, as amended April 20, 1998, effective April 20, 1998, 2221.F.4, as amended September 20, 1998, effective September 20, 1998, 2221.F.5-6, 2221.F.6.a-d, 2221.F.7, 2223.A, 2223.C, as amended April 20, 1998, effective April 20, 1998, 2223.E, as amended September 20, 1998, effective September 20, 1998, 2231.A, as amended January 20, 1996, effective January 20, 1996, 2235, as amended April 20, 1998, effective April 20, 1998, 2245.A, 2245.B.2, 2245.B.4-5, 2245.C.1.b, 2245.D.2, 2246.A, 2246.D, as amended September 20, 1998, effective September 20, 1998, 2246.D.1.a-b, 2247.B.2, 2247.C.4-5, Chapter 22 Table, 2, 3, and 5, as amended September 20, 1998, effective September 20, 1998, Chapter 22 Table 7, as amended April 20, 1998, effective April 20, 1998. LAC 33:V.2201.G.4 is more stringent than 40 CFR 268.1(c)(3)(ii) Federal equivalent because it clarifies the point of injection by specifically stating ``at the well head.'' LAC 33.V.2231.A is more stringent than 40 CFR 268.44(a) because the State requires the petitioner to bear the burden of proving that the properties of the waste differ significantly from waste analyzed in the treatment standards. ------------------------------------------------------------------------

F. What Decisions Has the EPA Made?

We conclude that Louisiana's application for program revision meets all of the statutory and regulatory requirements established by RCRA. Accordingly, we grant Louisiana final authorization to operate its hazardous waste program as revised, assuming we receive no adverse comments 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.

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.319, which refers to LAC 33:I Chapter 5 is more stringent than 40 CFR 260.1(b)(1) and 40 CFR 260.2(b) Federal equivalent (because the regulations in LAC 33:I chapter 5 require more specific information than that of the Federal regulations. LAC 33:V.3901, 3903, 3911, 3913 and 3915 are more stringent than 40 CFR 261.5(b)(c), (e), (f)(2) and (g)(2) Federal equivalents because the small quantity generators are regulated more stringent in Louisiana than in the above mentioned Federal citations. LAC 33:V.2239.A.1-4 are more stringent than the 40 CFR 268.5(a)(1-4) Federal equivalent because Louisiana additionally requires one compacted clay or other LDEQ approved liner in addition to the Federal requirements. LAC 33:V.2239.C is more stringent than the 40 CFR 268.5(c) Federal equivalent because the State citation additionally specifies that failure to segregate waste streams shall not constitute justification for a case-by-case extension for those wastes which are separable and treatable. The LAC 33:V.2239.H is more stringent than the 40 CFR 268.5(g) Federal equivalent because the State citation has a specific time interval whereas the Federal citation has a discretionary period. LAC 33:V.2241.A is more stringent than Federal equivalent 40 CFR 268.6(a) because there is no exemption granted to the generator for land disposal of waste streams. Pertaining to only the notification section of this citation, LAC 3:V.2241.I is more stringent than the 40 CFR 268.6(f)(2)-(3) Federal equivalent because it requires a 24 hour notice to the administrative authority once it is determined that the hazardous constituents have migrated from the unit. LAC 33:V.2241.N is more stringent than the 40 CFR 268.6(k) Federal equivalent because the State term of a petition granted is no longer than what is specified under the final operating permit or up to 5 years from the date of approval if the unit is operating under interim status. The EPA allows up to a maximum 10 years from the date of approval. The State requires exemption to be reviewed at least once every 3 years. LAC 33:V.2241.Q is more stringent than the 40 CFR 268.6(n) Federal equivalent because Louisiana sets limits at 50ppm, while EPA's limit is 500ppm.

Federal citation 40 CFR 268.1(e)(1) was referenced to LAC 33V. Chapter 39 because small quantity generators are not exempt from land disposal regulations and thus the State is more stringent. LAC 33:V.2201.G.4 is more stringent than the 40 CFR 268.1(c)(3)(ii) Federal equivalent because Louisiana regulations clarify the point of injection by adding ``at the Well head.'' These requirements are part of Louisiana's authorized program and are federally enforceable. In this authorization of the State of Louisiana's program revisions for LDR, there are no provisions that are broader in scope. Broader in scope requirements are not part of the authorized program and EPA cannot enforce them.

H. Who Handles Permits After This Authorization Takes Effect?

Louisiana will issue permits for all the provisions for which it has authority and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which it issued before the effective date of this authorization until they expire or terminate. The EPA will not issue any more permits or portions of permits for the provisions listed in the chart above after the effective date of this authorization. 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?

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. EPA is providing an opportunity for public comment now. 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 which oppose 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-99-1. We must receive your comments by September 24, 1999. 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 authorization, a second Federal Register document will be published before the time the immediate final rule takes effect. The second notice may withdraw the immediate final rule or identify the issues raised, respond to the comments, and affirm that the immediate final rule will take effect as scheduled.

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 October 25, 1999.

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) 765-0617 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. Now 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 CFR part 272. The EPA reserves the amendment of 40 CFR part 272, subpart T for this authorization of Louisiana's program changes until a later date.

Regulatory Requirements

Compliance With Executive Order (E.O.) 12866

The Office of Management and Budget (OMB) has exempted this rule from the requirements of section 3 of E.O. 12866.

Compliance With Executive Order 13045

Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' applies to any rule that: (1) The OMB determines is ``economically significant'' as defined under E.O. 12866, and (2) concerns an environmental health or safety risk that the EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to E.O. 13045 because it is not an economically significant rule as defined by E.O. 12866, and because it does not involve decisions based on environmental health or safety risks.

National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs the EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involved technical standards. Therefore, the EPA did not consider the use of any voluntary consensus standards.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 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 and 205 of the

UMRA, the EPA must prepare a written statement of economic and regulatory alternatives analyses for proposed and final rules with Federal mandates, as defined by the UMRA, 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. The EPA has determined that section 202 and 205 requirements do not apply to today's action because this rule does not contain a Federal mandate that may result in annual expenditures of $100 million or more for State, local, and/or tribal governments in the aggregate, or the private sector. Costs to State, local and/or tribal governments already exist under the State of Louisiana's program, and today's action does not impose any additional obligations on regulated entities. In fact, the EPA's approval of State programs generally may reduce, not increase, compliance costs for the private sector. Further, as it applies to the State, this action does not impose a Federal intergovernmental mandate because UMRA does not include duties arising from participation in a voluntary Federal program. The requirements of section 203 of UMRA also do not apply to today's action. Before the EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, section 203 of the UMRA requires the EPA to develop a small government agency plan. This rule contains no regulatory requirements that might significantly or uniquely affect small governments. Although small governments may be hazardous waste generators, transporters, or own and/or operate hazardous waste treatments, storage or disposal facilities (TSDFs), they are already subject to the regulatory requirements under the existing State laws that are being authorized by the EPA, and thus, are not subject to any additional significant or unique requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1966), whenever an agency is required to publish a notice of rulemaking for any proposed or final rule, it must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities (i.e. small businesses, small organizations, and small governmental jurisdictions). This analysis is unnecessary, however, if any agency's administrator certifies that the rule will not have a significant economic impact on a substantial number of small entities. The EPA has determined that this authorization will not have a significant economic impact on a substantial number of small entities. Such small entities which are hazardous waste generators, transporters, or which own and/or operate TSDFs are already subject to the regulatory requirements under the existing State laws that are now being authorized by EPA. The EPA's authorization does not impose any significant additional burdens on these small entities. This is because EPA's authorization would simply result in an administrative change, rather than a change in the substantive requirements imposed on these small entities. Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby certifies that this authorization will not have a significant economic impact on a substantial number of small entities. This authorization approves regulatory requirements under existing State law to which small entities are already subject. It does not impose any new burdens on small entities. This rule therefore, does not require a regulatory flexibility analysis.

Submission to Congress and the Comptroller General

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 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 United States prior to publication of the rule in today's Federal Register. This rule is not a ``major rule'' defined by 5 U.S.C. 804(2).

Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal agencies must consider the paperwork burden imposed by any information request contained in a proposed rule or a final rule. This rule will not impose any information requirements upon the regulated community.

Executive Order 12875 Enhancing Intergovernmental Partnerships

Under E.O. 12875, the EPA may not issue regulation that is not required by statute and that creates a mandate upon a State, local or tribal government, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by those governments. If the mandate is unfunded, the EPA must provide to the OMB a description of the extent of EPA's prior consultation with representatives of affected State, local and tribal governments, the nature of their concerns, copies of any written communications from the governments, and a statement supporting the need to issue the regulation. In addition, E.O. 12875 requires the EPA to develop an effective process permitting elected officials and other representatives of State, local and tribal governments to provide meaningful and timely input in the development of regulatory proposals containing significant unfunded mandates. This rule does not create a mandate on State, local or tribal governments. The rule does not impose any enforceable duties on these entities. Accordingly, the requirements of section 1 (a) of E.O. 12875 do not apply to this rule.

Executive Order 13084 Consultation and Coordination With Indian Tribal Governments

Under E.O. 13084, the EPA may not issue a regulation that is not require by statute, that significantly or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the Federal government provides the funds necessary to pay the direct compliance cost incurred by the tribal governments. If the mandate is unfunded, the EPA must provide to the OMB, in a separately identified section of the preamble to the rule, a description of the extent of the EPA's prior consultation with representatives of affected tribal governments, a summary of the nature of their concerns, and a statement supporting the need to issue the regulation. In addition, E.O. 13084 requires the EPA to develop an effective process permitting elected and other representatives of Indian tribal governments ``to provide meaningful and timely input in the development of regulatory policies on matters that significantly or uniquely affect their communities. This rule is not subject to E.O. 13084 because it does not significantly or

uniquely affect the communities of Indian governments. The State of Louisiana is not authorized to implement the RCRA hazardous waste program in Indian country. This action has no effect on the hazardous waste program that the EPA implements in the Indian country within the State.

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, and 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: June 15, 1999. Jerry Clifford, Deputy Regional Administrator, Region 6. [FR Doc. 99-22041 Filed 8-24-99; 8:45 am] BILLING CODE 6560-50-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

64 FR 46302

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Louisiana: Final Authorization of State Hazardous Waste Management Program Revisions,” thefederalregister.org (August 25, 1999), https://thefederalregister.org/documents/99-22041/louisiana-final-authorization-of-state-hazardous-waste-management-program-revisions.