[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18360-18361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8876]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271


Louisiana; Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule; administrative correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects administrative errors published in a 
Federal Register (FR) document on January 23, 1995. That document 
contained EPA's response to public comments received during the public 
review and comment period of an immediate final rule EPA published in 
the FR on November 7, 1994, and affirmed the Agency's prior decision to 
grant final authorization to the Louisiana Department of Environmental 
Quality (LDEQ) effective January 23, 1995.

DATES: This correction of administrative errors in the FR document 
published by EPA to respond to public comments received regarding 
LDEQ's final authorization [60 FR 4380, January 23, 1995], affirms the 
Agency's immediate final rule previously published [59 FR 55368, 
November 7, 1994], and notifies the public that the final authorization 
was effective January 23, 1995.

FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 Authorization 
Coordinator, Grants and Authorization Section, RCRA Programs Branch, 
U.S. EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445 
Ross Avenue, Dallas, Texas 75202, phone (214) 665-8528.

SUPPLEMENTARY INFORMATION:

Background

    On November 7, 1994, EPA published a FR document granting final 
authorization to LDEQ for most rules referred to by EPA as Hazardous 
and Solid Waste Amendments of 1984 (HSWA) Cluster I. EPA received 
adverse written comments during the public review and comment period 
associated with that document. On January 23, 1995, EPA published a 
second FR document with its response to the comments, and affirmed its 
decision to grant authorization to LDEQ for the published rules. After 
publication, EPA realized it published a draft version of the FR 
document which contained language deleted or modified in the final 
version. To correct this administrative error, and for the convenience 
of the reader, EPA is hereby publishing corrections to the prior FR 
document that affirmed the Agency's immediate final rule implementing 
final authorization to LDEQ, effective January 23, 1995.

Correction of Publication

    On page 4380, in the last column, in the first paragraph under 
SUMMARY, the last sentence is corrected to read ``As such, EPA 
published an immediate final rule in the Federal Register (FR) on 
November 7, 1994, with a 45-day public review and comment period, to be 
effective on January 23, 1995.''
    On page 4381, in the first column, in the first paragraph under 
Response to Public Comments, the second sentence is corrected to read 
``One supplied LDEQ with an independent environmental audit report of 
conditions at Bayou Steel to support both commentors' claims, and the 
commentor believed LDEQ's lack of enforcement response to those and 
other complaints demonstrated the State's inability to take on 
additional program revisions, and unwillingness to appropriately 
address complaints.''
    The third sentence in the same paragraph is corrected to read 
``Also, the commentors questioned whether LDEQ had adequate resources 
to enforce the RCRA corrective action provisions in this program 
revision.''
    The second paragraph under Response to Public Comments is corrected 
to read ``EPA reviewed the commentors' assertions and LDEQ's actions 
regarding complaints about Bayou Steel. EPA noted LDEQ's files 
contained numerous complaints regarding Bayou Steel's activities, 
including those from the commentors. The files showed LDEQ initiated 
investigations to address all but one complaint within seven days of 
receipt, and in that instance the investigation was initiated within 
seven days of a records review. State records further revealed that 
LDEQ investigated all Bayou Steel complaints in an appropriate and 
timely manner. LDEQ's inspection reports were in permanent files and 
available for public review. Copies of requested portions of the files 
were available to the public.''
    In the third paragraph under Response to Public Comments, the first 
sentence is corrected to read ``State records also showed that the 
various Divisions of LDEQ had conducted 29 inspections at Bayou Steel 
since 1993.''
    In the third paragraph under Response to Public Comments, the 
second sentence is corrected to read ``Some resulted in enforcement 
actions, including penalties, for the facility's violations of 
Louisiana's environmental regulations.''
    The fourth paragraph under Response to Public Comments is corrected 
to read ``EPA determined that LDEQ has adequate resources to take on 
the additional portions of RCRA included in this program revision. As 
noted above, various LDEQ Divisions conducted numerous inspections at 
Bayou Steel since 1993, dedicating significant resources to the 
inspections. These inspections, covering all media, were in addition to 
inspections and investigations performed by LDEQ at other facilities in 
the State. Because of the number and variety of complaints LDEQ 
received regarding Bayou Steel, LDEQ requested that EPA, with its 
authority, resources, and experience, perform a complete multi-media 
facility inspection. EPA considered this an appropriate referral. EPA 
conducted the Bayou Steel multi-media inspection in June 1994. After 
EPA completed and analyzed the inspection and sampling reports, it 
recognized the need for additional information on Bayou Steel's waste 
management practices. This detailed and thorough investigation is 
almost complete, and EPA will issue a report of the results in the 
future. Until the report is complete, EPA will not be able to present 
any findings regarding the facility.''
    The fifth paragraph under Response to Public Comments is corrected 
to read ``Additionally, some complaints to the State about Bayou Steel 
concerned LDEQ's lack of sufficient resources to enforce RCRA's 
prohibition of unlicensed burial of hazardous waste. The commentor 
wrote that LDEQ admitted it lacked sufficient resources to enforce RCRA 
corrective action requirements. At the time of LDEQ's inspections of 
the facility, EPA had not authorized the State to regulate or address 
waste subject to Federal corrective action authority under HSWA in lieu 
of EPA.''
    The ninth paragraph under Response to Public Comments is corrected 
to read ``EPA considered Louisiana's `de novo review' provision not to 
be the same as `trial de novo' (new trial) recognized and defined in 
the Pardue Court, but that under the de novo review provisions the 
reviewing court can exercise only appellate jurisdiction (review of the 
record). The Louisiana legislature enacted laws that authorize only the 
Secretary of LDEQ to grant or deny permits, not the judiciary. 
Louisiana Revised Statutes, (R.S.) Sec. 30:2011(D)(2). Additionally, 
R.S. [[Page 18361]] Sec. 30:2014(A) provides, in part, that the 
Secretary shall act as the primary public trustee of the environment, 
and shall consider and follow the will and intent of the Louisiana 
Constitution and Louisiana statutory law in making any determination 
relative to the granting or denying of permits. This matter is also 
clarified in LDEQ's revised Program Description, which refers to the 
review as a `de novo review of the record.''
    In the tenth paragraph under Response to Public Comments, the third 
sentence is corrected to read ``The commentor alleged LDEQ argued that 
the courts have jurisdiction to review its decisions only when the 
decision resulted from an LDEQ mandatory adjudicatory hearing.''
    In the tenth paragraph under Response to Public Comments, the fifth 
sentence is corrected to read ``Thus, none of LDEQ's hazardous waste 
permitting decisions, with the possible exception of commercial 
treatment, storage, or disposal facility permits, would be subject to 
judicial review.''
    In the tenth paragraph under Response to Public Comments, the sixth 
sentence is corrected to read ``However, EPA considered this issue 
resolved by the Louisiana Supreme Court in Matter of American Waste and 
Pollution Control Co., 642 So.2d 1258 (La 1994), where the Court ruled 
that LDEQ decisions are appealable whether or not they result from a 
mandatory adjudicatory hearing.
    On page 4382, in the twelfth paragraph under Response to Public 
Comments, the third sentence is corrected to read ``In addition, EPA 
retains Federal enforcement authority under RCRA Secs. 3008(h) and 
7003.''
    In the fourteenth paragraph under Response to Public Comments, the 
second sentence is corrected to read ``Even then, EPA will retain the 
authority to enforce against violators, even in an authorized State, 
under RCRA Secs. 3008(h) and 7003.''
    In the fifteenth paragraph under Response to Public Comments, the 
first sentence is corrected to read ``EPA has reevaluated its decision 
to approve this final authorization for revision to the State's 
hazardous waste program, and revisited all pertinent documentation, 
including the authorization application with revised Program 
Description, and several EPA mid-year and end-of-year evaluation 
reports on LDEQ.''
    Finally, in the fifteenth paragraph under Response to Public 
Comments, the third sentence is corrected to read ``EPA hereby affirms 
its decision to approve this final authorization, which was effective 
January 23, 1995.''

    Dated: March 29, 1995.
Jane N. Saginaw,
Regional Administrator.
[FR Doc. 95-8876 Filed 4-10-95; 8:45 am]
BILLING CODE 6560-50-P