[Federal Register Volume 59, Number 70 (Tuesday, April 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8735]
[[Page Unknown]]
[Federal Register: April 12, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-4856-2]
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), and the Environmental Protection Agency (EPA)
has reviewed Texas' application and decided that its hazardous waste
program revision satisfies all of the requirements necessary to qualify
for final authorization. Unless adverse written comments are received
during the review and comment period provided for public participation
in this process, 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 27,
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-94-4, 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 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 FR on March 26, 1985 (see 50 FR 11858). Texas received
final authorization for revisions to its program in notices published
in the FR 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 27, 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 FR through June 30, 1991. 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. Petroleum Refinery Texas Solid Waste Disposal Act (TSWDA),
Primary and Secondary Oil/ Chapter 361, Sec. 361.003(15), Sec.
Water/Solids Separation 361.017 and Sec. 361.024; Texas Health
Sludge Listings (F037 and and Safety Code (THSC) Ann. (Vernon
F038), November 2, 1990 [55 Pamphlet 1992), effective September 1,
FR 46354], as amended on 1991, as amended; Title 31 Texas
December 17, 1990 [55 FR Administrative Code (TAC) Chapter 335,
51707]. (Checklists 81 and Sec. 335.1 and Sec. 335.29, both
81.1). effective March 31, 1992, as amended.
2. Wood Preserving Listings, TSWDA, Chapter 361, Sec. 361.003(15), Sec.
December 6, 1990 [55 FR 361.017 and Sec. 361.024; THSC Ann.,
50450]. (Checklist 82). (Vernon Pamphlet 1992), effective
September 1, 1991, as amended; Title 30
TAC, Chapter 305, Sec. 305.50(4)(a),
effective November 23, 1993; Title 31 TAC
Chapter 335, Sec. 335.1 and Sec. 335.29,
both effective March 31, 1992, as
amended; Title 31 TAC Chapter 335, Sec.
335.1 and Sec. 335.29, both effective
September 30, 1992, as amended; and Title
31 TAC Chapter 335, Sec. 335.1, Sec.
335.69(a)(1)(iii), Sec. 335.112(a)(9),
Sec. 335.112(a)(20), Sec. 335.152(a)(8),
and Sec. 335.152(a)(14), all effective
November 23, 1993.
3. Land Disposal TSWDA, Chapter 361, Sec. 361.003(15), Sec.
Restrictions for Third 361.017 and Sec. 361.024; THSC Ann.,
Third Scheduled Wastes; (Vernon Pamphlet 1992), effective
Technical Amendments, September 1, 1991, as amended; Title 31
January 31, 1991 [56 FR TAC, Chapter 335, Sec. 335.1 and Sec.
3864]. (Checklist 83). 335.29, both effective March 31, 1992, as
amended; Title 31 TAC Chapter 335, Sec.
335.1, effective January 31, 1992 as
amended; Title 31 TAC Chapter 335, Sec.
335.29, effective August 31, 1992, as
amended; Title 31 TAC Chapter 335, Sec.
335.504(2) and Sec. 335.69(f)(4), both
effective November 23, 1993; Title 31 TAC
Chapter 335, Sec. 335.152(a)(9)-(a)(12),
Sec. 335.111(c), Sec. 335.112(a)(1), and
Sec. 335.112 (a)(10)-(a)(13), all
effective March 31, 1992, as amended;
Title 31 TAC Chapter 335, Sec. 335.431,
and Sec. 335.431(c), both effective
November 23, 1993.
4. Burning of Hazardous TSWDA Chapter 361, Sec. 361.003(15), Sec.
Waste in Boilers and 361.017, and Sec. 361.024; THSC Ann.
Industrial Furnaces, (Vernon Pamphlet 1992), effective
February 21, 1991 [56 FR September 1, 1991, as amended; Title 31
7134]. (Checklist 85). TAC, Chapter 335, Sec. 335.1 and Sec.
335.29, both effective March 31, 1992, as
amended; Title 31 TAC, Chapter 335, Sec.
335.221(a)(23), effective July 14 1992,
as amended; Title 31 TAC, Chapter 335,
Sec. 335.1, effective August 22, 1991, as
amended; Title 31 TAC, Chapter 305, Sec.
305.50(4), Sec. 305.50(13), Sec.
305.69(h), Sec. 305.571, Sec. 305.572,
Sec. 305.573, Sec. 305.51(a)(5), Sec.
305.51(c)(7), and Sec. 335.2(c), all
effective July 29, 1992, as amended;
Title 31 TAC Sec. 335.1, effective
January 31, 1992, as amended; Title 31
TAC Sec. 335.2(j), effective November 23,
1993; Title 31 TAC Sec. 335.6 and Sec.
335.6 (i)(1)-(i)(3), Sec. 335.24(c), Sec.
335.152(a)(5), Sec. 335.152(a)(13), Sec.
335.112(a)(6), Sec. 335.112(a)(14), Sec.
335.221 (a)(1)-(a)(23), Sec. 335.221(b),
Sec. 335.222 (a)-(c), Sec. 335.223 (a)(1)-
(a)(8), Sec. 335.223(b), Sec. 335.224 (1)-
(2), Sec. 335.224 (3)(A)-(3)(E), Sec.
335.224(4), Sec. 335.224 (5)(A)-(5)(J),
Sec. 335.224 (6)-(8), Sec. 335.224 (11)-
(14), and Sec. 335.225(a), all effective
July 29, 1992, as amended.
5. Removal of Strontium TSWDA, Chapter 361, Sec. 361.003(15), Sec.
Sulfide from the List of 361.017 and Sec. 361.024; THSC Ann.,
Hazardous Wastes; Technical (Vernon Pamphlet 1992), effective
Amendment, February 25, September 1, 1991, as amended; Title 31
1991 [55 FR 7567]. TAC, Chapter 335, Sec. 335.1 and Sec.
(Checklist 86). 335.29, both effective March 31, 1992, as
amended.
6. Organic Air Emission TSWDA, Chapter 361, Sec. 361.003(15); THSC
Standards for process Vents Ann., (Vernon Pamphlet 1992), effective
and Equipment Leaks; September 1, 1991, as amended; Title 31
Technical Amendment, April TAC, Chapter 335, Sec. 335.152(a)(1),
26, 1991 [56 FR 19290]. Sec. 335.152(a)(4), Sec. 335.152(a)(16),
(Checklist 87). and Sec. 335.152(a)(17), all effective
August 31, 1992, as amended; Title 31 TAC
Chapter 335, Sec. 335.112(a)(1), Sec.
335.112(a)(4), Sec. 335.112(a)(19), and
Sec. 335.112(a)(20), all effective August
31,1992, as amended; Title 31 TAC Chapter
305, Sec. 305.50(4)(A), effective March
31, 1992, as amended.
7. Mining Waste Exclusion TSWDA, Chapter 361, Sec. 361.003(15), Sec.
III June 13, 1991 [56 FR 361.017, and Sec. 361.024; THSC Ann.,
27300]. (Checklist 90). (Vernon Pamphlet 1992), effective
September 1, 1991, as amended; Title 31
TAC, Chapter 335, Sec. 335.1 and Sec.
335.29, both effective March 31, 1992, as
amended.
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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 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 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 rule 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. 94-8735 Filed 4-11-94; 8:45 am]
BILLING CODE 6560-50-P
