[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Rules and Regulations]
[Pages 44836-44841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21423]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6424-1]
Texas: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Texas has applied for final authorization to
revise its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The EPA has determined that these changes satisfy
all requirements needed to qualify for final authorization. The EPA
reviewed Texas's application, and now makes an immediate final
decision, subject to receipt of adverse written comment, that Texas'
Hazardous Waste Program revision satisfies all of the requirements
necessary to qualify for final authorization. Consequently, EPA intends
to grant Texas final authorization for the program modifications
contained in the revision.
DATES: This action is effective on October 18, 1999 without further
notice, unless EPA receives relevant adverse comments by September 17,
1999. If adverse comments are received, EPA will publish a timely
withdrawal of the immediate final rule or identify the issues raised,
respond to the comments, and affirm that the immediate final rule will
take effect as scheduled.
ADDRESSES: Mail written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, at the address shown
below. You can examine copies of the materials submitted by the State
of Louisiana during normal business hours at the following locations:
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
6444; or Louisiana Department of Environmental Quality, H.B. Garlock
Building, 7290 Bluebonnet, Baton Rouge, Louisiana, 70810, (504) 765-
0617.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. What is Resource Conservation and Recovery Act (RCRA) State
Authorization?
The RCRA, as amended by the Hazardous and Solid Waste Amendments of
1984 (HSWA), provides for authorization of State hazardous waste
programs under subtitle C. Under RCRA Section 3006, EPA may authorize a
State to administer and enforce the RCRA hazardous waste program. See
40 Code of Federal Regulations (CFR) part 271. In fact, Congress
designed RCRA so that the entire subtitle C program would eventually be
administered by the States in lieu of the Federal Government. This is
because the States are closer to, and more familiar with, the regulated
community and therefore are in a better position to administer the
programs and respond to local needs effectively.
After receiving authorization, the State administers the program in
lieu of the Federal government, although EPA retains enforcement
authority under RCRA sections 3008, 3013, and 7003. Authorized States
are required to revise their programs when EPA promulgates Federal
Standards that are more stringent or broader in scope than existing
Federal standards. States are not required to modify their programs to
address Federal changes that are less stringent than the existing
Federal program or that reduce the scope of the existing Federal
program. These changes are optional and are noted as such in the
Federal Register (FR) documents. However, EPA encourages States to
adopt optional rules because they provide benefit to environmental
protection.
B. Why are Revisions to State Programs Necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal Hazardous Waste Program. As the Federal program
changes, States must change their programs and ask EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to EPA's regulations in 40 CFR parts 124, 260-266,
268, 270, 273, and 279.
C. What is the Effect of This Authorization?
This authorization should have little impact because the State's
requirements are already effective. However, upon approval of the
revisions, Texas will be authorized to administer federal rules
referred by EPA as RCRA Cluster V (these rules are listed in a chart in
this FR document). Currently, federal cluster V rules are administered
by the EPA.
D. What is the History of Texas' Final Authorization and Its
Revisions
Texas received final authorization to implement its hazardous waste
management program on December 12, 1984, effective December 26, 1984
(49 FR 48300). This authorization was clarified in a notice published
in the FR on March 26, 1985 (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 (51 FR 3952), on
December 18, 1986, effective February 17, 1987 (51 FR 45320). We
authorized the following revisions: March 1, 1990, effective March 15,
1990 (55 FR 7318), on May 24, 1990, effective July 23, 1990 (55 FR
21383), on August 22, 1991, effective October 21, 1991 (56 FR 41626),
on October 5, 1992, effective December 4, 1992 (57 FR 45719) and on
April 11, 1994, effective June 27, 1994, (59 FR 16987); on April 12,
1994, effective (59 FR 17273), September 12, 1997, effective November
26, 1997, (62 FR 47947), and on September 19, 1997, effective December
3, 1997, (62 FR 49163). Effective December 3, 1997 (62 FR 49163), EPA
incorporated by reference the State of Texas Base Program into CFR. On
February 11, 1999, Texas submitted a final complete program revision
application, seeking authorization of its program revision in
accordance with 40 CFR 271.21.
In 1991, Texas Senate Bill 2 created the 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 the Texas Solid Waste Disposal Act (codified in Chapter 361
of the Texas Health and Safety Code), the
[[Page 44837]]
TNRCC has primary responsibility for administration of laws and
regulations concerning hazardous waste. The TNRCC is authorized to
administer the RCRA program. However, Under the Texas Natural Resources
Code, title 3, and Texas Water Code, Chapter 27, waste (both hazardous
and nonhazardous) resulting from activities associated with the
exploration, development, or production of oil, gas, or geothermal
resources, is regulated by the Railroad Commission of Texas (RRC). A
list of activities that generate wastes that are subject to the
jurisdiction of the RRC is found at 16 TAC sections 3.8(a)(30) and at
30 TAC 335.1. Such wastes are termed ``oil and gas wastes.'' The TNRCC
has responsibility to administer the RCRA program, however, hazardous
waste generated at natural gas or natural gas liquids processing plants
or reservoir pressure maintenance or repressurizing plants are subject
to the jurisdiction of the TNRCC until the RRC is authorized by EPA to
administer RCRA. When the RRC is authorized by EPA to administer RCRA
program for these wastes, jurisdiction over such hazardous waste will
transfer from the TNRCC to the RRC. The EPA has designated the TNRCC to
be the lead agency to coordinate RCRA activities between the two
agencies. The EPA is responsible for the regulation of hazardous waste
for which TNRCC has not been previously authorized.
The TNRCC has rules necessary to implement EPA's RCRA Cluster V
revisions to the Federal Hazardous Waste Program from July 1, 1994, to
June 30, 1995. The TNRCC authority to incorporate Federal rules by
reference can be found at Texas Government Code Annotated section
311.027 and adoption of the hazardous waste rules in general are
pursuant to the following statutory provisions: (1) Texas Water Code
Annotated section 5.103 (Vernon 1988 & Supplement 1998), effective
September 1995, as amended, (2) Texas Health and Safety Code Annotated
section 361.024 (Vernon 1992 & supplement 1998), effective September 1,
1995, as amended, (3) Texas Health and Safety Code Annotated section
361.078 (Vernon 1992), effective September 1, 1989.
In this authorization the EPA has also clarified the jurisdiction
of the TNRCC and the RRC. Effective May 31, 1998, the TNRCC and the RRC
signed a Memorandum of Understanding that clarified the jurisdiction
between the agencies for waste associated with exploration,
development, production and refining of oil and gas.
E. What Revisions are we Approving With Today's Action?
The State of Texas submitted a final complete program revision
application, seeking authorization of their revisions in accordance
with 40 CFR 271.21. Texas' revisions consist of regulations which
specifically govern Federal Hazardous Waste promulgated from July 1,
1994 to June 30, 1995 ( RCRA Cluster V). Texas requirements are listed
on the chart included in this document. The EPA is now making an
immediate final decision, subject to receipt of written comments that
oppose this action, that Texas' hazardous waste program revision
satisfies all of the requirements necessary to qualify for final
authorization. Therefore, we grant Texas final authorization for the
following program revisions:
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Federal citation State analog
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1. Identification and Listing of Hazardous Texas Water Code Annotated (TWCA) Secs. 5.102, 5.103 (Vernon 1988
Waste; Amendments to Definition of Solid & Supplement (Supp.) 1998), effective September 1, 1995, as
Waste; Recovered Oil Exclusion, [59 FR amended; Sec. 5.105 (Vernon 1988) effective September 1, 1985;
38536-38545] July 28, 1994. (Checklist 135). Texas Health and Safety Code Annotated (THSCA) Sec. 361.003
(Vernon 1992 & Supp. 1998), effective September 1, 1997, as
amended, THSCA Sec. 361.017 and 361.024 (Vernon 1992 & Supp.
1998), effective September 1, 1995, as amended, THSCA Sec.
361.078 (Vernon 1992) effective September 1, 1989; 30 Texas
Administrative Code (TAC) Secs. 335.1(56), 335.1(119), 335.24,
and 335.221, effective October 19, 1998, as amended.
2. Removal of the Conditional Exemption for TWCA Secs. 5.102 (Vernon 1988 & Supp. 1998), effective September
Certain Slag Residues, [59 FR 43496-43500] 1, 1985, as amended; TWCA 5.103 (Vernon 1988 & 1998), effective
August 24, 1994. (Checklist 136). 1, 1995, as amended; TWCA 5.105 (Vernon 1988) effective September
1, 1985, TWCA 26.011 (Vernon 1988 & Supp. 1998), effective March
28, 1991, as amended; THSCA Secs. 361.017 (Vernon 1992 & Supp.
1998), effective September 1, 1995, as amended; THSCA 361.024
(Vernon 1992 & Supp. 1998), effective September 1, 1995, as
amended; THSCA 361.078 (Vernon 1992), effective September 1,
1989; 30 TAC Secs. 335.211, and 335.431, effective October 19,
1998, as amended.
3. Universal Treatment Standards and TWCA Secs. 5.102, 5.103, (Vernon 1988 & Supp. 1998), effective
Treatment Standards for Organic Toxicity September 1, 1985, as amended, TWCA Sec. 5.105 (Vernon 1988),
Characteristic Waste and Newly Listed effective September 1, 1985; THSCA Secs. 361.003, 361.017,
Wastes [59 FR 47982-48110] September 19, 361.024, (Vernon 1992 & Supp. 1998), effective September 1, 1995,
1994, as amended at [60 FR 242-302], as amended, and 361.078 (Vernon 1992), effective September 1,
January 3, 1995. (Checklist 137). 1989; 30 TAC Secs. 335.1(119), 335.18, 335.19, as amended,
effective October 19, 1998; 335.20, as amended, effective May 29,
1986, 335.21, 335.41, 335.214, 335.221, and 335.431, as amended,
effective October 19, 1998. At 40 CFR 268.7(a) (tolling
agreements), the State regulations are more stringent than the
Federal regulations because the State regulations do not contain
an explicit provision analogous to 40 CFR part 268.79(a)(10).
4. Testing and Monitoring Activities TWCA Secs. 5.102, 5.103, (Vernon 1988 & Supp. 1998), effective 1,
Amendment I, [60 FR 3089-3095] January 13, 1985, as amended, 5.105, (Vernon 1988, effective September 1,
1995. (Checklist 139). 1985; THSCA Secs. 361.017, 361.024, (Vernon 1992 & Supp. 1998),
effective September 1, 1995, as amended, 361.078, (Vernon 1992),
effective September 1, 1989; 30 TAC Sec. 335.31, effective
October 19, 1998, as amended.
5. Carbamate Production Identification and TWCA Secs. 5.102, 5.103, (Vernon 1988 & Supp. 1998), effective
Listing of Hazardous Waste, [60 FR 7824- September 1, 1985, as amended, 5.105, (Vernon 1988) effective
7859], February 9, 1995, as amended at [60 September 1, 1985; THSCA Secs. 361.003, 361.017, 361.024,
FR 19165], April 17, 1995, and at [60 FR 361.078 (Vernon 1992 & Supp. 1998), effective September 1, 1997,
25619], May 12, 1995. (Checklist 140). as amended, 361.078 (Vernon 1992), effective September 1, 1989;
30 TAC Secs. 335.29, and 335.1(56), effective September 19,
1998, as amended. The State statutory and regulatory definitions
of hazardous waste incorporate by reference the Federal
definition, automatically including any changes. The State rule
is broader in scope because the waste vacated by the November 1,
1996, decision by United States Court of Appeals For the District
of Columbia Circuit in Dithiocarbamate Task Force v. EPA.
However, this has no impact on the equivalency of the definition
of hazardous waste.
[[Page 44838]]
6. Testing and Monitoring Activities TWCA Secs. 5.102, 5.103 (Vernon 1988 & Supp. 1998), effective
Amendment II, [60 FR 17001-17004], April 4, September 1, 1985, as amended, 5.105 (Vernon 1988), effective
1995. (Checklist 141). September 1, 1985; 26.011 (Vernon 1988 & Supp. 1998), effective
March 28, 1991, as amended, THSCA Secs. 361.017, 361.024 (Vernon
1992 & Supp. 1998), as amended, 361.078 (Vernon 1992), effective
September 1, 1989; 30 TAC Sec. 335.31, effective October 19,
1998, as amended.
7. Universal Waste: General Provisions, [60 TWCA Secs. 5.102, 5.103 (Vernon 1988 & Supp. 1998), effective
FR 25492-25551] May 11, 1995. (Checklist September 1, 1985, as amended, 5.105 (Vernon 1988), effective
142 A). September 1, 1985; 26.011 (Vernon 1988 & Supp. 1998), effective
March 28, 1991, as amended; THSCA Secs. 361.003 (Vernon 1992 &
Supp. 1998), effective September 1, 1997, as amended, 361.017,
361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
as amended, 361.078I (Vernon 1992), effective September 1, 1989;
30 TAC Secs. 335.1, 335.2(I), 335.41(j), 335.61(g), 335.62,
335.78(c), (f), and (g), 335.261, 335.431, effective October 19,
1998, as amended.
8. Universal Waste Rule: Specific Provisions TWCA Secs. 5.102, 5.103 (Vernon 1988 & Supp. 1998), effective
for Batteries, [60 FR 25492-2551] May 11, September 1, 1985, as amended, 5.105 (Vernon 1988), effective
1995. (Checklist 142 B). September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
March 28, 1991; THSCA Secs. 361.003 (Vernon 1992 & Supp. 1998),
effective September 1, 1997, as amended, 361.017, 361.024 (Vernon
1992 & Supp. 1998), effective September 1, 1995, 361.078 (Vernon
1992), effective September 1, 1989; 30 TAC Secs. 335.1,
335.2(I), 335.24(c), 335.41(j), 335.251, 335.261, and 335.431,
effective October 19, 1998.
9. Universal Waste Rule: Specific Provisions TWCA Secs. 5.102 (Vernon 1988 & Supp. 1998), effective September
for Pesticides, [60 FR 25492-25551] May 11, 1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
1995. (Checklist 142 C). September 1, 1995, 5.105 (Vernon 1988), effective September 1,
1985, 26.011 (Vernon 1988 & supp. 1998), effective March 28,
1991, as amended; THSCA Secs. 361.003 (Vernon 1992 & Supp.
1998), effective September 1, 1997, as amended, 361.017, 361.024,
(Vernon 1992 & Supp. 1998), effective September 1, 1995 as
amended, 361.078 (Vernon 1992), effective September 1, 1989; 30
TAC Secs. 335.1, 335.2(I), 335.41(j) 335.261, and 335.431,
effective October 19, 1998, as amended.
10. Universal Waste rule: Specific TWCA Secs. 5.102 (Vernon 1988 & Supp. 1998), effective September
Provisions for Thermostats, [60 FR 25492- 1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
25551] May 11, 1995. (Checklist 142 D). September 1, 1995, as amended, 5.105 (Vernon 1988), effective
September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
March 28, 1991, as amended; THSCA Secs. 361.003 (Vernon 1992 &
Supp. 1998) effective September 1, 1997, as amended, 361.017,
361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
361.078 (Vernon 1992), effective September 1, 1989; 30 TAC 335.1,
335.2(I), 335.41(j), 335.261, 335.431, effective October 19,
1998.
11. Universal Waste Rule: Petition TWCA Secs. 5.102 (Vernon 1988 & Supp. 1998), effective September
Provisions to Add a New Universal Waste, 1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
[60 FR 25492-25551] May 11, 1995. September 1, 1995, as amended, 5.105 (Vernon 1988), effective
(Checklist 142 E). September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
March 28, 1991, as amended; THSCA Secs. 361.003 (Vernon 1992 &
Supp. 1998) effective September 1, 1997, as amended, 361.017,
361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
361.078 (Vernon 1992), effective September 1, 1989; 30 TAC Secs.
20.15, effective June 6, 1996, as amended, 335.261, effective
October 19, 1998 as amended.
12. Removal of Legally Obsolete Rules, [60 TWCA Secs. 5.102 (Vernon 1988 & Supp. 1998), effective September
FR 33912-33915 June 29, 1995. (Checklist 1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
114). September 1, 1995, as amended, 5.105 (Vernon 1988), effective
September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
March 28, 1991, as amended; THSCA Secs. 361.003 (Vernon 1992 &
Supp. 1998) effective September 1, 1997, as amended, 361.017,
361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
361.078 (Vernon 1992), effective September 1, 1989; 30 TAC Secs.
305.42, 335.1, 335.221(a)(11), 335.221(a)(15), effective October
19, 1998, as amended, 305.50(4)(G), effective November 20, 1996,
and 335.223(b), effective July 29, 1992.
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F. What Decisions Have We Made?
We conclude that Texas' application for program revision meets all
of the statutory and regulatory requirements established by RCRA.
Accordingly, Texas 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 Texas 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. Texas 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.
G. How Do the Revised State Rules Differ From the Federal Rules?
EPA considers the following State requirement to be more stringent
than the Federal: The State section 335.431(c)(2) does not contain a
explicit provision analogous to 40 CFR 268.7(a)(10) (tolling
agreement). These requirements are part of Texas' authorized program
and are federally enforceable. In this authorization of the State of
Texas' program revisions for RCRA Cluster V, the following provisions
are broader in scope: Sections 335.29(4) and 335.29(5) which
corresponds to 40 CFR part 261, appendix VII and VIII, and section
20.15 which corresponds to 40 CFR 260.20(a). The Texas regulations are
broader in scope because the waste listing vacated by the November 1,
1996, decision by the United States Court of Appeals for the District
of Columbia Circuit in Dithiocarbamate Task Force v. EPA, 98 F. (D.C.
Cir. 1996), remain reflected in the State's adoption by reference of
the February 9, 1995, version of 40 CFR part 261, appendix VII and
VIII. However, this has no impact on the equivalency of the definition
of hazardous waste. Broader in scope requirements are not part of the
authorized program and EPA cannot enforce them.
H. Who Handles Permits After This Authorization Takes Effect?
Texas will issue permits for all the provisions for which it is
authorized and will also administer program
[[Page 44839]]
revisions for Federal rules promulgated from July 1, 1994 to June 30,
1995 (RCRA Cluster V). EPA will continue to administer any RCRA
hazardous waste permits or portions of permits which it issued prior to
the effective date of this authorization until they expire or are
terminated. EPA will not issue any more permits or portions of permits
for the provisions listed in the Table above after the effective date
of this authorization. EPA will continue to implement and issue permits
for HSWA requirements for which the State is not yet authorized. HSWA
requirements are effective in all States and are administered by EPA
until States are authorized to do so.
I. Why Wasn't There a Proposed Rule Before Today's Notice?
The EPA is authorizing the State's changes through this immediate
final action and is publishing this rule without a prior proposal to
authorize the changes because EPA believes it is not controversial and
do not expect comments that oppose this action. EPA is providing an
opportunity for public comment now. In the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State changes. If EPA receives comments which
oppose this authorization, that document will serve as a proposal to
authorize the changes.
J. Where Do I Send My Comments and When Are They Due?
You should send written comments 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, (214) 665-8533. Please refer to
Docket Number TX-99-1. We must receive your comments by September 17,
1999. You may not have an opportunity to comment again. If you want to
comment on this action, you must do so at this time.
K. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments which oppose this authorization, a second
Federal Register notice will be published before the time the immediate
final rule takes effect. The second notice may withdraw the immediate
final rule or identify the issues raised, respond to the comments and
affirm that the immediate final rule will take effect as scheduled.
L. When Will This Approval Take Effect?
Unless EPA receives comments that oppose this action, this final
authorization approval will become effective without further notice on
October 18, 1999.
M. Where Can I Review the State's Application?
You can view and copy the State of Texas' application from 8:30
a.m. to 4:00 p.m. Monday through Friday at the following addresses:
Texas Natural Resource Conservation Commission, 1700 N. Congress
Avenue, Austin TX 78711-3087, (512) 239-6757 and EPA, Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. 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, (214) 665-8533.
N. Now Does Today's Action Affect Indian Country in Texas?
Texas is not authorized to carry out its hazardous waste program in
Indian country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian country.
O. What is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. EPA does this by referencing the authorized State
rules in 40 CFR part 272. EPA reserves the amendment of 40 CFR part
272, subpart SS for this authorization of Texas' program changes until
a later date.
Administrative Requirements
Compliance With Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this rule
from the requirements of section 3 of E.O. 12866.
Compliance Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' applies to any rule that: (1) the OMB
determines is ``economically significant'' as defined under E.O. 12866,
and (2) concerns an environmental health or safety risk that the EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions based on environmental health or safety
risks.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
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 and 205 of the
UMRA, the EPA must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, 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. The
EPA has determined that section 202 and 205 requirements do not apply
to today's action because this rule does not contain a Federal mandate
that may result in annual expenditures of $100 million or more for
State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the State of Texas' program, and today's action does not
impose any additional obligations on regulated entities. In fact, the
EPA's approval of State programs generally may reduce,
[[Page 44840]]
not increase, compliance costs for the private sector. Further, as it
applies to the State, this action does not impose a Federal
intergovernmental mandate because UMRA does not include duties arising
from participation in a voluntary Federal program.
The requirements of section 203 of UMRA also do not apply to
today's action. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, section 203 of the UMRA requires the EPA to develop
a small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Although small governments may be hazardous waste
generators, transporters, or own and/or operate hazardous waste
treatments, storage or disposal facilities (TSDFs), they are already
subject to the regulatory requirements under the existing State laws
that are being authorized by the EPA, and thus, are not subject to any
additional significant or unique requirements by virtue of this program
approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1966), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e. small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if any agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' defined by 5 U.S.C. 804(2).
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
Executive Order 12875 Enhancing Intergovernmental Partnerships
Under E.O. 12875, the EPA may not issue regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, the EPA must provide to the
OMB a description of the extent of EPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires the EPA to develop an
effective process permitting elected officials and other
representatives of State, local and tribal governments to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
Executive Order 13084 Consultation and Coordination With Indian Tribal
Governments
Under E.O. 13084, the EPA may not issue a regulation that is not
require by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
cost incurred by the tribal governments. If the mandate is unfunded,
the EPA must provide to the OMB, in a separately identified section of
the preamble to the rule, a description of the extent of the EPA's
prior consultation with representatives of affected tribal governments,
a summary of the nature of their concerns, and a statement supporting
the need to issue the regulation. In addition, E.O. 13084 requires the
EPA to develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affect the communities of Indian governments.
The State of Louisiana is not authorized to implement the RCRA
hazardous waste program in Indian country. This action has no effect on
the hazardous waste program that the EPA implements in the Indian
country within the State.
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, and
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).
[[Page 44841]]
Dated: July 30, 1999.
W.B. Hathaway,
Acting Regional Administrator, Region 6.
[FR Doc. 99-21423 Filed 8-17-99; 8:45 am]
BILLING CODE 6560-50-P
