67572 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

action, which can be obtained from the

EPA Region 5 office listed above.

III. EPA Rulemaking Action

The EPA is approving, through direct

final rulemaking action, Illinois’ section

111(d)/129 plan for large MWCs. The

EPA is publishing this action without

prior proposal because EPA views this

as a noncontroversial revision and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should specified written adverse or

critical comments be filed. This action

will be effective on February 27, 1998

unless, by January 28, 1998, such

adverse or critical comments are

received on the approval.

If the EPA receives such adverse

comments, the approval will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that withdraws the final action.

Comments will then be addressed in a

subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective on February 27, 1998.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Pursuant to section 605(b) of the

Regulatory Flexibility Act, I certify that

this rule will not have a significant

economic impact on a substantial

number of small entities. This Federal

action approves pre-existing

requirements under federal, State or

local law, and imposes no new

requirements on any entity affected by

this rule, including small entities.

Therefore, these amendments will not

have a significant impact on a

substantial number of small entities.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with any proposed or final rule that

includes a Federal mandate that may

result in estimated costs to state, local,

or tribal governments in the aggregate;

or to the private sector, of $100 million

or more. This Federal action approves

pre-existing requirements under state or

local law, and imposes no new

requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or the private sector,

result from this action.

D. 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, 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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by February 27,

1998. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review, nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Municipal waste combustors,

Reporting and recordkeeping

requirements.

Dated: December 11, 1997.

Gail A. Ginsberg,

Acting Regional Administrator, Region V.

40 CFR Part 62 is amended as follows:

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

Subpart O—Illinois

2. Part 62 is amended by adding

§ 62.3350 and an undesignated heading

to subpart O to read as follows:

Metals, Acid Gases, Organic

Compounds and Nitrogen Oxide

Emissions From Existing Municipal

Waste Conbustors with the Capacity to

Combust Greater Than 250 Tons Per

Day of Municipal Solid Waste

§ 62.3350 Identification of plan.

Illinois submitted ‘‘State Plan to

Implement Emission Guidelines for

Large Municipal Waste Combustors’’ on

June 23, 1997. The plan applies

specifically to Robbins Resource

Recovery Center (RRRC), located in

Robbins, Illinois. The enforceable

mechanism for this source is special

condition 18(c) of operating permit

number 88120055, issued to RRRC by

Illinois on June 2, 1997.

[FR Doc. 97–33765 Filed 12–24–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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.
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 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.
67574 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

Federal citation State analog

1. Burning of Hazardous Waste in Boilers and Industrial Furnaces, [56

FR 7134] February 1991. (Checklist 85).

Louisiana Revised Statutes (LRS) 30: § 2180 et seq, as amended June

14, 1991, effective June 14, 1991; Louisiana Hazardous Waste Regulations (LHWR) §§ 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 Boilers and Industrial Furnaces; Corrections and Technical Amendments I, [56 FR 32688] July 17, 1991.

(Checklist 94).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 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, 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.
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67575

Federal citation State analog

3. Burning of Hazardous Waste in Boilers and Industrial Furnaces,

Technical Amendment II, [56 FR 42504–42517] August 27, 1991.

(Checklist 96).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 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 Boilers and Industrial Furnaces;

Technical Amendments III, [57 FR 38558–38566] August 25, 1992.

(Checklist 111).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 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.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 Boilers and Industrial Furnaces;

Technical Amendment IV, [57 FR 44999–45001] September 30,

1992. (Checklist 114).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 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.
67576 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

Federal citation State analog

6. Boilers and Industrial Furnaces; Changes for Consistency with New

Air Regulations, [58 FR 3881–38884] July 20, 1993. (Checklist 125).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 110, as 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, [58 FR 46040–46051] August 31,

1993. (Checklist 126).

LRS 30: § 2180 et seq, as amended June 14, 1991, effective June 14,

1991; Louisiana Hazardous Waste Regulations (LHWR) §§ 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; § 3115.B.1.c–d,

as amended March 20, 1995; effective March 20, 1995.

8. Boilers and Industrial Furnaces; Administrative Stay and Interim

Standards for Bevill Residues, [58 FR 59598–59603] November 9,

1993. (Checklist 127).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 3025.B.2.a, as amended September 20, 1996, effective September 20, 1996; Chap 30 App G, as amended May 20,

1996.

9. Hazardous Waste Management System; Identification and Listing of

Hazardous Wastes from Wood Surface Protection, [59 FR 458–469]

January 4, 1994. (Checklist 128)

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 110, and 3105.Tbl.1, as amended September, 20,

1996; effective September 20, 1996.

10. Hazardous Waste Management System; Identification and Listing

of Hazardous Waste; Treatability Studies Sample Exclusion, [59 FR

8362–8366] February 18, 1994. (Checklist 129).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 105.D.37.b.i–ii, 105.D.37.c, 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; Identification and Listing

of Hazardous Waste; Recycled Used Oil Management Standards; [59

FR 10550–10560] March 4, 1994. (Checklist 130).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 4001, 4003.B.1.b, 4003.B.2.c, 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, § 4003.G, 4003.G.1–6, 4009.B.2.c–e, as

amended September 20, 1996; effective September 20, 1996.

12. Recordkeeping Instructions; Technical Amendment, [59 FR 13891–

13893] March 24, 1994. (Checklist 131).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 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; Identification and Listing

of Hazardous Wastes; Waste from Wood Surface Protection; Correction, [59 FR 28484] June 2, 1994. (Checklist 132).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR § 110, as amended September 20, 1996; effective September 20, 1996.

14. Standards Applicable to Owners and Operators of Hazardous

Waste Treatment, Storage, and Disposal Facilities, Underground

Storage Tanks, and Underground Injection Control Systems; Financial Assurance; Letter of Credit, [59 FR 29958–29960] June 10,

1994. (Checklist 133).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR §§ 3719.D, and 3719.K, as amended September 20,

1996; effective September 20, 1996.

15. Hazardous Waste Management System; Correction of Listing of

P015–Beryllium Powder, [59 FR 31551] June 20 1994. (Checklist

134).

LRS 30: 2180 et seq, as amended June 14, 1991, effective June 14,

1991; LHWR § 4901.E.Tbl.3, as amended September 20, 1996; effective September 20, 1996, § 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 costbenefit 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
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67577

to identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective, 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 costeffective, 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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