[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8579]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-4861-4]
Texas: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Texas has applied for final authorization of a
revision to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). The Environmental Protection Agency (EPA)
reviewed Texas' application and has decided, subject to public review
and comment, that Texas' hazardous waste program revision satisfies all
of the requirements necessary to qualify for final authorization. Thus,
EPA intends to approve Texas' hazardous waste program revision, subject
to the authority retained by EPA in accordance with the Hazardous and
Solid Waste Amendments of 1984. Texas' application for the program
revision is available for public review and comment.
DATES: This final authorization for Texas shall be effective June 27,
1994 unless EPA publishes a prior Federal Register (FR) action
withdrawing this immediate final rule. All comments on Texas' program
revision application must be received by the close of business May 26,
1994.
ADDRESSES: Copies of the Texas program revision application and the
materials which EPA used in evaluating the revision are available from
8:30 a.m. to 4 p.m., Monday through Friday at the following addresses
for inspection and copying: Texas Natural Resource Conservation
Commission, 1700 N. Congress Avenue, Austin, TX 78711-3087, and U.S.
EPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at
Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 655-
6444. Written comments, referring to Docket Number TX-94-2, should be
sent to Dick Thomas, Region 6 Authorization Coordinator, Grants and
Authorization Section (6H-HS), RCRA Programs Branch, U.S. EPA Region 6,
First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue,
Dallas, Texas 75202, (214) 655-8528.
FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 Authorization
Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs
Branch, U.S. EPA Region 6, First Interstate Bank Tower at Fountain
Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 655-8528.
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.
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. In addition, as an interim
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter ``HSWA'') allows States to revise
their programs to become substantially equivalent instead of equivalent
to RCRA requirements promulgated under HSWA authority. States
exercising the latter option receive interim authorization for the HSWA
requirements under section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
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 260-266,
268, 124, and 270.
B. Texas
Texas received final authorization to implement its hazardous waste
management program on December 12, 1984, effective December 26, 1984
(see 49 FR 48300). This authorization was clarified in a notice
published in the Federal Register on March 26, 1985 (see 50 FR 11858).
Texas received final authorization for revisions to its program in
notices published in the Federal Register on January 31, 1986,
effective October 4, 1985 (see 51 FR 3952), on December 18, 1986,
effective February 17, 1987 (see 51 FR 45320), on March 1, 1990,
effective March 15, 1990 (see 55 FR 7318), on May 24, 1990, effective
July 23, 1990 (see 55 FR 21383), on August 22, 1991, effective October
21, 1991 (see 56 FR 41626), and on October 5, 1992, effective December
4, 1992 (see 57 FR 45719). On December 8, 1992, the Texas Water
Commission (TWC) submitted a final complete program revision
application for additional program approvals. (In 1991, Texas Senate
Bill 2 created the Texas Natural Resources Conservation Commission
(TNRCC) which combined the functions of the former Texas Water
Commission and the former Texas Air Control Board. The transfer of
functions to the TNRCC from the two agencies became effective on
September 1, 1993. Under Chapter 361 of the Texas Health and Safety
Code, the TNRCC has sole responsibility for the administration of laws
and regulations concerning hazardous waste). Today, Texas is seeking
approval of its program revision in accordance with 40 CFR
271.21(b)(3).
EPA reviewed Texas' application, and made an immediate final
decision that Texas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Texas. The public may submit
written comments on EPA's final decision until May 26, 1994. Copies of
Texas' application for program revision are available for inspection
and copying at the locations indicated in the ADDRESSES section of this
notice.
Approval of Texas' program revision shall become effective 75 days
from the date this notice is published, unless an adverse written
comment pertaining to the State's revision discussed in this notice is
received by the end of the comment period. If an adverse written
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 that either affirms that the immediate final decision takes
effect or reverses the decision.
Texas' 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, 260-262, 264, 265,
and 270 that were published in the Federal Register through June 30,
1990. 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. (As a
result of the Texas reorganization presented above, TNRCC rules, once
codified at Title 31 Texas Administrative Code, are now codified at
Title 30 Texas Administrative Code).
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Federal Citation State analog
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1. California List Waste Land Texas Solid Waste Disposal Act (TSWDA)
Disposal Restrictions, July Secs. 361.017 and 361.024; Texas Health
8, 1987 [52 FR 25760], as and Safety Code Ann. (THSC) (Vernon's
amended on October 27, 1987 Supp. 1991), effective June 7, 1991, as
[52 FR 41295]. (Checklists 39 amended; 30 Texas Administrative Code
and 39.1). (TAC) Sec. 305.51(c), Sec. 335.2(j),
Sec. 335.112(a)(1), Sec. 335.152(a)(1),
and Sec. 335.431(c), all effective
November 23, 1993; and 31 TAC Sec.
335.77, effective September 1, 1989, as
amended.
2. Exception Reporting for TSWDA Secs. 361.017, and 361.024; THSC
Small Quantity Generators of (Vernon's Supp. 1991), effective June
Hazardous Waste, September 7, 1991, as amended; 31 TAC Sec.
23, 1987 [52 FR 35894]. 335.13(c), (d) and (g), effective March
(Checklist 42). 31, 1992, as amended; and 30 TAC Sec.
335.74, effective November 23, 1993.
3. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Permit Application (Vernon's Supp. 1991), effective June
Requirements Regarding 7, 1991, as amended; and 30 TAC Sec.
Corrective Action, December 305.50(4)(A), effective November 23,
1, 1987 [52 FR 45788]. 1993.
(Checklist 44A).
4. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Corrective Action Beyond (Vernon's Supp. 1991), effective June
Facility Boundary, December 7, 1991, as amended; 30 TAC Sec.
1, 1987 [52 FR 45788]. 335.166(5), and 30 TAC 335.167(c),
(Checklist 44B). effective November 23, 1993.
5. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Corrective Action for (Vernon's Supp. 1991), effective June
Injection Wells, December 1, 7, 1991, as amended; and 30 TAC Sec.
1987 [52 FR 45788]. 335.121(f), and Sec. 335.121(e)(1)-(3),
(Checklist 44C). both effective November 23, 1993.
6. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Permit Modification, December (Vernon's Supp. 1991), effective June
1, 1987 [52 FR 45788]. 7, 1991, as amended; and 31 TAC Sec.
(Checklist 44D). 305.62(d)(3), effective September 1,
1989, as amended.
7. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Permit as a Shield Provision, (Vernon's Supp. 1991), effective June
December 1, 1987 [52 FR 7, 1991, as amended; and 30 TAC Sec.
45788]. (Checklist 44E). 305.124, effective November 23, 1993.
8. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Permit Conditions to protect (Vernon's Supp. 1991), effective June
Human Health and the 7, 1991, as amended; and 30 TAC Sec.
Environment, December 1, 1987 305.50(14), effective November 23,
[52 FR 45788]. (Checklist 1993.
44F).
9. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Post-Closure Permits, (Vernon's Supp. 1991), effective June
December 1, 1987 [52 FR 7, 1991, as amended; and 30 TAC Sec.
45788]. (Checklist 44G). 335.2(i) effective November 23, 1993.
10. Technical Correction to TSWDA Secs. 361.017, and 361.024, THSC
Checklist 23, Small Quantity (Vernon's Supp. 1991), effective June
Generators, July 19, 1988 [53 7, 1991, as amended; and 31 TAC Sec.
FR 27162]. (Checklist 47). 335.78(e) and Sec. 335.78(f)(2), both
effective September 1, 1989, as
amended.
11. Farmer Exemptions; TSWDA Secs. 361.017, and 361.024, THSC
Technical Corrections, July (Vernon's Supp. 1991), effective June
19, 1988 [53 FR 27164]. 7, 1991, as amended; and 30 TAC Sec.
(Checklist 48). 335.41(d)(4) and Sec. 335.61 (b) and
(e), all effective November 23, 1993.
12. Land Disposal Restrictions TSWDA Secs. 361.017, and 361.024, THSC
for First Third Scheduled (Vernon's Supp. 1991), effective June
Wastes, August 17, 1988 [53 7, 1991, as amended; 30 TAC Sec.
FR 31138], as amended on 335.112 (a)(1) and (a)(4), Sec. 335.152
February 27, 1989 [54 FR (a)(1) and (a)(4), Sec. 335.211(b), and
8264]. (Checklists 50 and Sec. 335.431(c), all effective November
50.1). 23, 1993.
13. Hazardous Waste Management TSWDA Secs. 361.017, and 361.024, THSC
System; Standards for (Vernon's Supp. 1991), effective June
Hazardous Waste Storage and 7, 1991, as amended; 30 TAC Sec. 335.1,
Treatment Tank Systems, Sec. 335.112 (a)(6) and (a)(9), and
September 2, 1988 [53 FR Sec. 335.152 (a)(5) and (a)(8), all
34079]. (Checklist 52). effective November 23, 1993.
14. Land Disposal Restriction TSWDA Secs. 361.017, and 361.024, THSC
Amendments to First Third (Vernon's Supp. 1991), effective June
Scheduled Wastes, May 2, 1989 7, 1991, as amended; and 30 TAC Sec.
[54 FR 18836]. (Checklist 62). 335.431(c), effective November 23,
1993.
15. Land Disposal Restrictions TSWDA Secs. 361.017, and 361.024, THSC
for Second Third Scheduled (Vernon's Supp. 1991), effective June
Wastes, June 23, 1989 [54 FR 7, 1991, as amended; and 30 TAC Sec.
26594]. (Checklist 63). 335.431(c) effective November 23, 1993.
16. Land Disposal TSWDA Secs. 361.017, and 361.024, THSC
Restrictions; Correction to (Vernon's Supp. 1991), effective June
the First Third Scheduled 7, 1991, as amended; and 30 TAC Sec.
Wastes, September 6, 1989 [54 335.211(b) and Sec. 335.431(c), both
FR 36967, as amended on June effective November 23, 1993.
13, 1990 [55 FR 23935].
(Checklists 66 and 66.1).
17. Reportable Quantity TSWDA Secs. 361.017, and 361.024, THSC
Adjustment Methyl Bromide (Vernon's Supp. 1991), effective June
Production Wastes, October 6, 7, 1991, as amended; 30 TAC Sec. 335.1
1989 [54 FR 41402]. and Sec. 335.29, both effective
(Checklist 68). November 23, 1993.
18. Reportable Quantity TSWDA Secs. 361.017, and 361.024, THSC
Adjustment (F024 & F025), (Vernon's Supp. 1991), effective June
December 11, 1989 [54 FR 7, 1991, as amended; and 30 TAC Sec.
50968]. (Checklist 69). 335.1 and Sec. 335.29, both effective
November 23, 1993.
19. Listing of 1,1-Dimethyl- TSWDA Secs. 361.017, and 361.024, THSC
hydrazine Production Wastes, (Vernon's Supp. 1991), effective June
May 2, 1990 [55 FR 18496]. 7, 1991, as amended; 30 TAC Sec. 335.1
(Checklist 75). and Sec. 335.29, both effective
November 23, 1993.
20. HSWA Codification Rule: TSWDA Secs. 361.017, and 361.024, THSC
Double Liners; Correction, (Vernon's Supp. 1991), effective June
May 9, 1990 [55 FR 19262]. 7, 1991, as amended; and 30 TAC Sec.
(Checklist 77). 335.168(c) and Sec. 335.173(c), both
effective November 23, 1993.
21. Land Disposal Restrictions TSWDA Secs. 361.017, and 361.024, THSC
for Third Scheduled Wastes, (Vernon's Supp. 1991), effective June
June 1, 1990 [55 FR 22520]. 7, 1991, as amended; and 30 TAC Sec.
(Checklist 78H). 305.69(i) Appendix I.B.1.b., Sec.
335.1, Sec. 335.29, Sec. 335.62(2),
Sec. 335.69(a)(4), Sec. 335.111(c),
Sec. 335.112 (a)(1) and (a)(10)-
(a)(13), Sec. 335.152(a)(9)-(a)(12),
and Sec. 335.431(c), all effective
November 23, 1993.
22. Organic Air Emission TSWDA Secs. 361.017, and 361.024, THSC
Standards for Process Vents (Vernon's Supp. 1991), effective June
and Equipment Leaks, June 21, 7, 1991, as amended; 30 TAC Sec. 335.1,
1990 [55 FR 25454]. Sec. 305.50(4)(A), Sec. 335.2(j), Sec.
(Checklist 79). 335.112 (a)(1), (a)(4), (a)(19), and
(a)(20), Sec. 335.115(4), Sec. 335.152
(a)(1), (a)(4), (a)(16) and (a)(17),
and Sec. 335.155(3), all effective
November 23, 1993.
23. Identification and Listing TSWDA Secs. 361.017 and 361.024; THSC
of Hazardous Waste; (Vernon 1990), effective September 1,
Treatability Studies Sample 1989, as amended; Texas Water Code
Exemption, July 19, 1988 [53 (TWC) Secs. 5.103, 5.105, and 26.011
FR 27290]. (Checklist 49). (Vernon 1990), effective September 1,
1985, as amended; and 31 TAC Sec. 335.1
and Sec. 335.2(g), both effective
August 1, 1990.
24. Hazardous Waste Management TSWDA Secs. 361.017, and 361.024; THSC
System; Standards for (Vernon 1990), effective September 1,
Hazardous Waste Storage and 1989, as amended; TWC Secs. 5.103,
Treatment Tank Systems, 5.105, and 26.011 (Vernon 1990),
September 2, 1988 [53 FR effective September 1, 1985, as
34079]. (Checklist 52N). amended; 31 TAC Sec. 335.1, effective
August 1, 1990; and 31 TAC Sec.
335.112(a)(6) and Sec. 335.152 (a)(5),
(a)(8) and (a)(9), all effective
December 13, 1991, as amended.
25. Identification and Listing TSWDA Secs. 361.017, and 361.024; THSC
of Hazardous Waste; and (Vernon 1990), effective September 1,
Designation, Reportable 1989, as amended; TWC Secs. 5.103,
Quantities and Notification, 5.105, and 26.011 (Vernon 1990),
September 13, 1988 [53 FR effective September 1, 1985, as
35412]. (Checklist 53). amended; and 31 TAC Sec. 335.1,
effective August 1, 1990.
26. Permit Modifications for TSWDA Secs. 361.017, and 361.024; THSC
Hazardous Waste Management (Vernon 1990), effective September 1,
Facilities, September 28, 1989, as amended; TWC Secs. 5.103,
1988 [53 FR 37912], as 5.105, and 26.011 (Vernon 1990),
amended on October 24, 1988 effective September 1, 1985, as
[53 FR 41649]. (Checklists 54 amended; Texas Open Records Act, TEX.
and 54.1). REV. CIV. STAT. ANN. art.6252-17a
(Vernon 1990); 31 TAC Sec. 305.2, Sec.
305.66, and Sec. 335.124, all effective
November 23, 1993; 31 TAC Sec.
305.62(a), effective October 29, 1990;
31 TAC Sec. 335.112(a)(6), Sec. 335.152
(a)(3) and (a)(5), all effective
December 13, 1991, as amended; 31 TAC
Sec. 305.64(a) and (g), and Sec.
305.144, Sec. 305.62(d)(3), Sec.
305.62(e)(2)(C)(iv)-(e)(2)(C)(xi), all
effective October 29, 1990; 31 TAC Sec.
305.62(e), effective July 17, 1989; 31
TAC 305.100, effective October 8, 1990;
31 TAC Sec. 305.102, Sec. 305.171, and
Sec. 305.172(10), all effective October
29, 1990; 31 TAC Sec. 305.69(a), Sec.
305.69(a)(1)(A)-(a)(1)(C), Sec. 305.69
(a)(2) and (a)(3), Sec. 305.69 (b) and
(b)(1), Sec. 305.69(b)(1)(A)-(b)(1)(D),
Sec. 305.69(b)(2), Sec. 305.69(b)(2)(A)-
(b)(2)(G), Sec. 305.69(b)(3)-(b)(6),
Sec. 305.69(b)(6)(A)-(b)(6)(C), Sec.
305.69 (b)(6)(C)(i) and (b)(6)(C)(ii),
Sec. 305.69 (b)(6)(D) and (b)(6)(E),
Sec. 305.69(b)(7), Sec. 305.69(b)(7)(A)-
(b)(7)(C), Sec. 305.69 (b)(7)(C)(i) and
(b)(7)(C)(ii), Sec. 305.69(b)(7)(D),
Sec. 305.69 (b)(8) and (b)(9), Sec.
305.69 (b)(9)(A) and (b)(9)(B), Sec.
305.69(b)(10)-(b)(14), Sec.
305.69(b)(14)(A)-(b)(14)(C), Sec.
305.69(b)(15), Sec. 305.69(c), Sec.
305.69(c)(1), Sec. 305.69(c)(1)(A)-
(c)(1)(D), Sec. 305.69(c)(2), Sec.
305.69(c)(2)(A)-(c)(2)(F), Sec.
305.69(c)(3)-(c)(6), Sec. 305.69(d),
Sec. 305.69 (d)(1) and (d)(2), Sec.
305.69(d)(2)(A), Sec. 305.69
(d)(2)(B)(i) and (d)(2)(B)(ii), Sec.
305.69(d)(2)(C), Sec. 305.69(e), Sec.
305.69 (e)(1) and (e)(2), Sec. 305.69
(e)(2)(A) and (e)(2)(B), Sec.
305.69(e)(3), Sec. 305.69(e)(3)(A)-
(e)(3)(C), Sec. 305.69 (e)(4) and
(e)(5), Sec. 305.69 (e)(5)(A) and
(e)(5)(B), Sec. 305.69(e)(5)(B)(i)-
(e)(5)(B)(v), Sec. 305.69(e)(6), Sec.
305.69 (e)(6)(A) and (e)(6)(B), Sec.
305.69(f), Sec. 305.69 (f)(1) and
(f)(2), Sec. 305.69(g), Sec.
305.69(g)(1), Sec. 305.69(g)(1)(A)-
(g)(1)(E), Sec. 305.69(g)(2), and Sec.
305.184(1)-(3), all effective October
29, 1990.
27. Statistical Methods for TSWDA Secs. 361.017, and 361.024; THSC
Evaluating Ground-Water (Vernon 1990), effective September 1,
Monitoring Data from 1989, as amended; TWC Secs. 5.103,
Hazardous Waste Facilities, 5.105, and 26.011 (Vernon 1990),
October 11, 1988 [53 FR effective September 1, 1985, as
39720]. (Checklist 55). amended; 31 TAC Sec. 335.157 (a)(1) and
(a)(2), Sec. 335.158, Sec.
335.163(1)(A), Sec. 335.163 (1)(A)(i)
and (1)(A)(ii), Sec. 335.163(1)(C),
Sec. 335.163(7), Sec. 335.163 (7)(A)
and (7)(B), Sec. 335.163(8), Sec.
335.163(8)(A)-(8)(E), Sec. 335.163(9),
Sec. 335.163(9)(A)-(9)(F), Sec.
335.163(10), Sec. 335.164(3)-(6), Sec.
335.164 (6)(A) and (6)(B), Sec.
335.164(7), Sec. 335.164(7)(A)-(7)(D),
Sec. 335.164(7)(D)(i)-(7)(D)(iv), Sec.
335.164(7)(E), Sec. 335.164 (7)(E)(i)
and (7)(E)(ii), Sec. 335.164
(7)(E)(ii)(I) and (7)(E)(ii)(II), Sec.
335.164(7)(F), Sec. 335.164(7)(F)(i)-
(7)(F)(iv), Sec. 335.164(8), Sec.
335.165(3), Sec. 335.165 (3)(A) and
(3)(B), Sec. 335.165(4), Sec. 335.165
(4)(A) and (4)(B), and Sec. 335.165(6)-
(10), all effective October 29, 1990.
28. Identification and Listing TSWDA Secs. 361.003; THSC (Vernon 1990),
of Hazardous Waste; Removal effective September 1, 1989, as
of Iron Dextran from the List amended; TWC Secs. 5.103, 5.105, and
of Hazardous Wastes, October 26.011 (Vernon 1990), effective
31, 1988 [53 FR 43878]. September 1, 1985, as amended; and 31
(Checklist 56). TAC Sec. 335.1, effective August 1,
1990.
29. Identification and Listing TSWDA Secs. 361.003(11); THSC (Vernon
of Hazardous Waste; Removal 1990), effective September 1, 1989, as
of Strontium Sulfide from the amended; TWC Secs. 5.103, 5.105, and
List of Hazardous Wastes, 26.011 (Vernon 1990), effective
October 31, 1988 [53 FR September 1, 1985, as amended; and 31
43881]. (Checklist 57). TAC Sec. 335.1, effective August 1,
1990.
30. Hazardous Waste TSWDA Secs. 361.003, 361.024, 361.088;
Miscellaneous Units; THSC (Vernon 1990), effective September
Standards applicable to 1, 1989, as amended; TWC Secs. 5.103,
Owners and Operators, January 5.105, and 26.011 (Vernon 1990),
9, 1989 [54 FR 615]. effective September 1, 1985, as
(Checklist 59). amended; and 31 TAC Sec. 305.50(4),
effective July 17, 1989.
31. Amendment to Requirements TSWDA Secs. 361.003, 361.024, 361.088;
for Hazardous Waste THSC (Vernon 1990), effective September
Incinerator Permits, January 1, 1989, as amended; TWC Secs. 5.103,
30, 1989 [54 FR 9596]. 5.105, and 26.011 (Vernon 1990),
(Checklist 60). effective September 1, 1985, as
amended; and 31 TAC Sec. 305.174,
effective October 29, 1990.
32. Delay of Closure Period TSWDA Secs. 361.017 and 361.024; THSC
for Hazardous Waste Chapter 361 (Vernon's Supp. 1992),
Management Facilities, August effective September 1, 1989, as
14, 1989 [54 FR 33376]. amended; TWC Secs. 5.103, 5.105, and
(Checklist 64). 27.019 (Vernon 1992), effective
September 1, 1985, as amended; 31 TAC
Secs. 335.152(a), 335.152(a)(1),
335.152(a)(5), 335.152(a)(6),
335.112(a), 335.112(a)(1),
335.112(a)(6), and 335.112(a)(7), all
effective December 13, 1991; and 31 TAC
305.69(h), Appendix I, D.1.f.,
effective October 29, 1990.
33. Mining Waste Exclusion I, TSWDA Secs. 361.003, 361.017, and
September 1, 1989 [54 FR 361.024; THSC Chapter 361 (Vernon's
36592]. (Checklist 65). Supp. 1992), effective September 1,
1989, as amended; TWC Secs. 5.103,
5.105, and 26.011, (Vernon 1992),
effective September 1, 1985, as
amended; and 31 TAC 335.1, effective
August 4, 1989.
34. Testing and Monitoring TSWDA Secs. 361.003, 361.017, and
Activities, September 29, 361.024, THSC Chapter 361 (Vernon's
1989 [54 FR 40260]. Supp. 1992), effective September 1,
(Checklist 67). 1989, as amended; TWC Secs. 5.103,
5.105, and 26.011, (Vernon 1992),
effective September 1, 1985, as
amended; and 31 TAC Secs. 335.2(j) and
335.29, both effective November 23,
1993.
35. Changes to Part 124 Not TSWDA Secs. 361.017, 361.024, 361.032,
Accounted for by Present 361.066, and 361.068; THSC Chapter 361
Checklists, June 30, 1983 [48 (Vernon's Supp. 1992), effective
FR 30113]; July 26, 1988 [53 September 1, 1989, as amended; TWC
FR 28118]; September 26, 1988 Secs. 5.103, 5.105, 26.011, and 27.019
[53 FR 37396]; and January 4, (Vernon 1992), effective September 1,
1989 [54 FR 246]. (Checklist 1985, as amended; 31 TAC 281.22,
70). effective July 14, 1987; 31 TAC Secs.
305.42, 305.44, 305.62, 305.102,
305.103, and 305.105, 305.127 (1)(B),
(2) and (3), 305.142, and 305.144, all
effective October 29, 1990; 305.143, 31
TAC 305.66, effective April 21, 1989;
31 TAC Secs. 305.100, 305.101, 305.121,
305.122(a), 305.125, and 305.128, all
effective October 8, 1990; 31 TAC Secs.
305.123, 305.124, 305.141, 305.142,
305.143, and 305.146, all effective
June 19, 1986; and 31 TAC 305.145,
effective April 8, 1987.
36. Mining Waste Exclusion II, TSWDA Secs. 361.003, 361.017, and
January 23, 1990 [55 FR 361.024; THSC Chapter 361 (Vernon's
2322]. (Checklist 71). Supp. 1992), effective September 1,
1989, as amended; TWC Secs. 5.103,
5.105, and 26.011, (Vernon 1992),
effective September 1, 1985, as
amended; 31 TAC 335.1, effective August
4, 1989; and 31 TAC 335.10(a)(6),
effective November 23, 1993.
37. Modification of F019 TSWDA Secs. 361.003, 361.017, and
Listing, February 14, 1990 361.024, THSC Chapter 361 (Vernon's
[55 FR 5340]. (Checklist 72). Supp. 1992), effective September 1,
1989, as amended. TWC Secs. 5.103,
5.105, and 26.011, (Vernon 1992),
effective September 1, 1985, as
amended; 31 TAC 335.1, effective August
4, 1989.
38. Testing and Monitoring TSWDA Secs. 361.003, 361.017, and
Activities; Technical 361.024, THSC Chapter 361 (Vernon's
Corrections, March 9, 1990, Supp. 1992), effective September 1,
[55 FR 8948]. (Checklist 73). 1989, as amended. TWC Secs. 5.103,
5.105, and 26.011, (Vernon 1992),
effective September 1, 1985, as
amended; and 31 TAC Secs. 335.2(j) and
335.29, effective November 23, 1993.
39. Criteria for Listing Toxic TSWDA Secs. 361.003, 361.017, and
Wastes; Technical Amendment, 361.024; THSC, Chapter 361 (Vernon's
May 4, 1990 [55 FR 18726]. Supp. 1992), effective September 1,
(Checklist 76). 1989, as amended; TWC Secs. 5.103,
5.105, and 26.011 (Vernon 1992),
effective September 1, 1985, as
amended; and 31 TAC 335.1, effective
August 4, 1989.
40. Financial Responsibility; TSWDA Secs. 361.017 and 361.024, THSC
Settlement Agreement Chapter 361 (Vernon's Supp. 1992),
(Amendment to Checklist 24's effective September 1, 1989, as
Optional Designation of amended; TWC Secs. 5.103, 5.105, and
264.113 and 265.113), June 27.019 (Vernon 1992), effective
26, 1990 [55 FR 25976]. September 1, 1985, as amended; and 31
(Checklist 24A). TAC Secs. 335.112(a)(6) and
335.152(a)(5), both effective December
13, 1991.
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Texas is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that Texas' application for a program revision meets the
statutory and regulatory requirements established by RCRA. Accordingly,
Texas is granted final authorization to operate its hazardous waste
program as revised.
Texas now has responsibility 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. Texas also has 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.
D. Codification in Part 272
EPA uses 40 CFR part 272 for codification of the decision to
authorize Texas' program and for incorporation by reference of those
provisions of Texas' statutes and regulations that EPA will enforce
under section 3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving
amendment of 40 CFR part 272, subpart E, until a later date.
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 4 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
Texas' program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. This authorization 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: March 21, 1994.
Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-8579 Filed 4-8-94; 8:45 am]
BILLING CODE 6560-50-P
