18358 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

Federal requirement State authority

Corrective Action Management Units and Temporary Units; Corrective

Action Provisions Under Subtitle C (58 FR 8658, February 16, 1993).

ARS 49–922.A + B; AAC R18–8–260.C + E, 264.A, 265.A, 268 and

270.A + C.

Land Disposal Restrictions; Renewal of the Hazardous Waste Debris

Case-by-Case Capacity Variance (58 FR 28506, May 14, 1993).

ARS 49–922.A + B; AAC R18–8–268.

Land Disposal Restrictions for Ignitable and Corrosive Characteristic

Wastes Whose Treatment Standards Were Vacated (58 FR 29860,

May 24, 1993).

ARS 49–922.A + B; AAC R18–8–264.A, 265.A, 268 and 270.A.

Arizona has agreed to review all State

hazardous waste permits which have

been issued under State law prior to the

effective date of this authorization.

Arizona has agreed to then modify or

revoke and reissue such permits as

necessary to require compliance with

the amended State program. The

modifications or revocation and

reissuance will be scheduled in the

annual State Grant Work Plan.

Arizona is not being authorized to

operate any portion of the hazardous

waste program on Indian lands.

C. Decision

I conclude that Arizona’s application

for program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Arizona is granted final authorization to

operate its hazardous waste program as

revised.

Arizona is now responsible for

permitting treatment, storage, and

disposal facilities within its borders and

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the Hazardous and Solid

Waste Amendments of 1984 (Public Law

98–616, November 8, 1984) (‘‘HSWA’’).

Arizona also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

Section 3007 of RCRA and to take

enforcement actions under Section

3008, 3013 and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility 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 Arizona’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.

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,

Water supply.

Authority: This notice 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: April 3, 1995.

John C. Wise,

Acting Regional Administrator.

[FR Doc. 95–8877 Filed 4–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5189–5]

Nevada: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Nevada has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has completed

its review of Nevada’s application and

has made a decision, subject to public

review and comment, that Nevada’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. Thus,

EPA intends to approve Nevada’s

hazardous waste program revisions.

Nevada’s application for program

revision is available for public review

and comment.

DATES: Final authorization for Nevada is

effective June 12, 1995, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Nevada’s

program revision application must be

received by the close of business May

11, 1995.

ADDRESSES: Copies of Nevada’s program

revision application is available during

the business hours of 9 a.m. to 5 p.m.

at the following addresses for inspection

and copying:

Nevada Department of Conservation and

Natural Resources, Division of

Environmental Protection, 123 W.

Nye Lane, Carson City, NV 89710,

Phone: 702/687–5872, Contact L.H.

Dodgion, Administrator

U.S. EPA Region IX Library-Information

Center, 75 Hawthorne Street, San

Francisco, CA 94105, Phone: 415/

744–1510

Written comments should be sent to

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

CA 94105 Phone: 415/744–2030.

FOR FURTHER INFORMATION CONTACT:

April Katsura, U.S. EPA Region IX (H–

4), 75 Hawthorne Street, San Francisco,

CA 94105 Phone: 415/744–2030.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6929(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 CFR parts 124,

260–266, 268, 270 and 279.

B. Nevada

Nevada initially received final

authorization for the base program on

November 1, 1985. On May 27, 1994,

Nevada received final authorization for

revisions to its hazardous waste

program, which included substantially

all the Federal RCRA implementing
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations 18359

regulations published in the Federal

Register through July 1, 1993. On March

13, 1995, Nevada submitted an

application for additional revision

approvals. Today, Nevada is seeking

approval of its program revisions in

accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Nevada’s

application, and has made an immediate

final decision that Nevada’s hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to approve final

authorization for Nevada’s hazardous

waste program revisions. The public

may submit written comments on EPA’s

immediate final decision up until May

11, 1995. Copies of Nevada’s application

for program revision are available for

inspection and copying at the locations

indicated in the ADDRESSES section of

this notice.

Approval of Nevada’s program

revisions is effective in 60 days unless

an adverse comment pertaining to the

State’s revisions discussed in this notice

is received by the end of the comment

period. If an adverse comment is

received, EPA will publish either (1) a

withdrawal of the immediate final

decision or (2) a notice containing a

response to the comment which either

affirms that the immediate final

decision takes effect or reverses the

decision.

Nevada is applying for authorization

for changes and additions to the Federal

RCRA implementing regulations that

occurred between July 1, 1993 and July

1, 1994, including the following Federal

hazardous waste regulations:

Federal requirement State analog

Requirements for Preparation, Adoption, and Submittal of Implementation Plans

(58 FR 38816, July 20, 1993).

Nevada Revised Statutes (NRS) 459.485 and 459.490; Nevada Administrative Code (NAC) 444.8632–.8634.

Hazardous Waste Management System; Testing and Monitoring Activities (58 FR

46040, August 31, 1993).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Burning of Hazardous Waste in Boilers and Industrial Furnaces (58 FR 59598,

November 9, 1993).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Hazardous Waste Management System; Identification and Listing of Hazardous

Waste; Wastes from Wood Surface Protection (59 FR 458, January 4, 1994).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Hazardous Waste Management System; Identification and Listing of Hazardous

Waste; Treatability Studies Sample Exclusion (59 FR 8362, February 18, 1994).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Hazardous Waste Identification and Listing of Hazardous Waste; Recycled Used

Oil Management Standards (59 FR 10550, March 4, 1994).

NRS 459.485 and 459.490; NAC 444.8632–.8634

Recordkeeping Instructions (59 FR 13891, March 24, 1994) .................................. NRS 459.485, 459.490, + 459.550; NAC 444.8632–.8634.

Hazardous Waste Management System; Identification and Listing of Hazardous

Wastes; Wastes from Wood Surface Protection; Correction (59 FR 28484,

June 2, 1994).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Standards Applicable to Owners and Operators of Hazardous Waste Treatment,

Storage, and Disposal Facilities, Underground Storage Tanks, Underground Injection Control Systems; Financial Assurance; Letter of Credit (59 FR 29958,

June 10, 1994).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Hazardous Waste Management System; Correction of Beryllium Powder (PO15)

Listing (59 FR 31551, June 20, 1994).

NRS 459.485 and 459.490; NAC 444.8632–.8634.

Note: NRS 459.485 effective 1981,

amended 1991; NRS 459.490 effective 1981,

amended 1987; NRS 459.550 effective 1981,

amended 1985, 1987, and 1989; and NAC

444.8632, effective 1987, amended 1990,

1992, 1993, and 1994; NAC 444.8632 adopts

by reference 40 CFR part 2, subpart A; 124,

subparts A and B; 260 through 270, inclusive;

and 279, as modified by NAC 444.8633, NAC

444.8634,and NAC 444.86325.

Nevada agrees to review all State

hazardous waste permits which have

been issued under State law prior to the

effective date of this authorization.

Nevada agrees to then modify or revoke

and reissue such permits as necessary to

require compliance with the amended

State program. The modifications or

revocation and reissuance will be

scheduled in the annual State Grant

Work Plan.

Nevada is not being authorized to

operate any portion of the hazardous

waste program on Indian lands.

C. Decision

I conclude that Nevada’s application

for program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly,

Nevada is granted final authorization to

operate its hazardous waste program as

revised.

Nevada is now responsible for

permitting treatment, storage, and

disposal facilities within its borders and

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the Hazardous and Solid

Waste Amendments of 1984 (Public Law

98–616, November 8, 1984) (‘‘HSWA’’).

Nevada also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

section 3007 of RCRA and to take

enforcement actions under section 3008,

3013 and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 USC

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 Nevada’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.

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,

Water supply.

Authority: This notice 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).
18360 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

Dated: April 3, 1995.

John C. Wise,

Acting Regional Administrator.

[FR Doc. 95–8878 Filed 4–10–95; 8:45 am]

BILLING CODE 6560–50–P

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.)

§ 30:2011(D)(2). Additionally, R.S.