[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Rules and Regulations]
[Pages 47947-47954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24239]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5892-1]
Texas: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
SUMMARY: The State of Texas has applied for final authorization to
revise to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). The EPA
[[Page 47948]]
reviewed Texas' application and determined 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 (HSWA). Texas'
application for the program revision is available for public review and
comment.
DATES: This final authorization for Texas shall be effective November
26, 1997 unless EPA publishes a prior (FR) action withdrawing this
immediate final rule. All comments on Texas' program revision
application must be received by the close of business October 27, 1997.
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, Texas 78711-3087, and 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-97-2, should be sent to
Alima Patterson, Region 6 Authorization Coordinator, Grants and
Authorization Section (6PD-G), Multimedia Planning and Permitting
Division, EPA Region 6, First Interstate Bank Tower at Fountain Place,
1445 Ross Avenue, Dallas, Texas 75202, Phone number: (214) 655-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6P-G),
Multimedia Planning and Permitting Division, EPA Region 6, First
Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Dallas,
Texas 75202, Phone number: (214) 655-8533.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) RCRA 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. 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 Code of Federal Regulations (CFR)
124, 260-262, 263, 265, 266, 268, 270 and 279.
B. Texas
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), on 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 12, 1994, effective June 27, 1994.
On August 19, 1996, and March 20, 1997, the Texas Natural Resource
Conservation Commission (TNRCC) submitted a final complete program
revision application for additional program approvals.
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 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).
TNRCC has authority to incorporate Federal rules by reference and
to adopt hazardous waste rules in general pursuant to the following
statutory provisions. See Texas Water Code Annotated section 5.103
(Vernon 1988 and Supplement 1996), effective September 1, 1995, as
amended, which authorizes TNRCC to adopt any rules it deems necessary
to carry out its powers and duties; (2) Texas Health and Safety Code
section 361.024 (Vernon 1992 and Supplement 1996), effective September
1, 1995, as amended, which authorizes TNRCC to adopt rules to establish
minimum standards of operation for the management and control of solid
waste; and (3) Texas Health and Safety Code section 361.078 (Vernon
1992), effective September 1, 1989, which specifically recognizes the
TNRCC's authority to adopt hazardous waste rules and to issue and
enforce permits to the extent necessary to receive and maintain RCRA
authorization. (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).
The EPA reviewed TNRCC's application, and made an immediate final
decision that TNRCC's hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization.
Consequently, the 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 October 27, 1997. 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 TNRCC's 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, 260-263, 264, 265-
266, 270 and 279 that were published in the FR from June 30, 1992
through June 30, 1994. 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.
[[Page 47949]]
------------------------------------------------------------------------
Federal citation State analog
------------------------------------------------------------------------
1. Wood Preserving Listing; Texas Solid Waste Disposal Act (TSWDA),
Technical Correction, July and Texas Health and Safety Code (THSC)
1, 1991 (56 FR 30192). Annotate Secs. 361.003(34), 361.024
(Checklist 92). (Vernon 1992 and Supplement 1996),
effective September 1, 1995, as amended;
TSWDA and THSC Sec. 361.078 (Vernon
1992), Title 30 Texas Administrative
Code (TAC) Chapter Sec. 335.1, March 1,
1996, as amended, Sec. 335.1 effective
July 14, 1987, TSWDA and THSC Sec.
Title 30 TAC Secs. 335.69(a)(1),
335.69(a)(1)(A), 335.69(a)(1)(B),
335.69(a)(1)(C), 335.69(a)(2),
335.69(a)(3), and 335.69(a)(4),
effective February 26, 1996, Title 30
TAC Secs. 335.152(a)(15)
335.112(a)(18), and TAC Sec.
305.50(4)(A) effective November 23,
1993.
2. Burning of Hazardous Waste TSWDA, Chapter 361, Secs. 361.003(12),
in Boilers and Industrial 361.061, 361.064 THSC Ann., (Vernon 1992
Furnaces; Corrections and and Supplement 1996), effective
Technical Amendments I, July September 1, 1995, as amended; TSWDA and
17, 1991 (56 FR 32688). THSC Sec. 361.032 (Vernon Supplement
(Checklist 94). 1996), effective August 28, 1995, as
amended, TSWDA and THSC Secs. 361.036,
361.078 (Vernon 1992), effective
September 1, 1989, Title 30 TAC Sec.
305.50(4)(A), effective November 23,
1993, Sec. 305.69(d)(1)(D), effective
February 26, 1996, as amended, Title 30
TAC 305.69(h)(1), effective February 22,
1994, as amended, Sec. 335.69(h)(1)(A),
Title 30 TAC Sec. 305.69(h)(1)(D),
effective February 26, 1996, as amended,
Title 30 TAC 305.69(i), L.5, effective
July 29, 1992, as amended, Title 30 TAC
Secs. 305.572(1), 305.572(2), and
305.572(5), effective July 29, 1992, as
amended, November 23, 1993, as amended,
Title 30 TAC Sec. 305.42(b), effective
October 29, 1990, as amended and Title
30 TAC Sec. 335.43(b), effective
November 7, 1991, as amended, Title 30
TAC Sec. 335.24(b), effective September
1, 1986, Title 30 TAC Sec.
335.24(b)(2), effective September 1,
1986, Title 30 TAC Sec.
335.112(a)(112)(a)(15), TAC Secs.
335.221(b)(1), effective March 6, 1996,
as amended, 335.221(b)(3), effective
July 29, 1992, as amended, Title 30 TAC
Sec. 335.221(b)(2), effective March 1,
1996, and 1992, as amended, Secs.
335.221(a)(3), 335.221(a)(5),
335.221(a)(6), 335.221(a)(7),
335.221(a)(10), 335.221(a)(11),
335.221(a)(15), 335.221(a)(17),
335.221(a)(13), 335.221(a)(18),
335.221(a)(19), 335.221(a)(20),
335.221(a)(21), 335.221(a)(23),
effective March 1, 1996, as amended,
Title 30 TAC Sec. 335.224(5), effective
February 26, 1996, Title 30 TAC Sec.
335.24(b), effective September 1, 1996,
as amended, Title 30 Sec. 335.24(b)(2),
effective September 1, 1986, Title 30
TAC Sec. 335.112(a)(15), effective
November 23, 1993, as amended, Title 30
TAC Secs. 335.221(a), 335.221(a) (1)
and (9) effective March 1, 1996, as
amended, Title 30 TAC Sec.
335.112(a)(6), effective February 26,
1996, as amended, Title 30 TAC Secs.
335.224(5)(H), 335.224(5)(H)(i), and
335.224(5)(H)(ii), effective February
26, 1996, as amended, Title 30 TAC Sec.
335.224(7), effective November 23, 1993,
as amended, Title 30 TAC Sec.
335.224(14), effective February 26,
1996, as amended, Title 30 TAC Secs.
335.221(a)(4), and 335.221(a)(22),
effective March 1, 1996, as amended,
Title 30 TAC Sec. 335.1, effective
February 26, 1996, as amended, Title 30
TAC Sec. 20.15, effective June 6, 1996,
Title 30 TAC 335.41(g), effective March
6, 1996, as amended, Title 30 TAC Sec.
335.222(c)(1), effective July 29, 1992,
as amended, and Title 30 TAC Sec.
335.222(c)(2), effective February 26,
1996, as amended.
3. Land Disposal Restrictions TSWDA Chapter 361 Sec. 361.003(12),
for Electric Arc Furnace 361.024 (Vernon 1992 & Supp. 1996),
Dust (K061), August 19, 1991 effective September 1, 1995, as amended,
(56 FR 41164). (Checklist TSWDA Chapter 361, THSC Sec.
95). 361.078(Vernon 1992), effective
September 1, 1989, Title 30 TAC Sec.
335.1 effective March 1, 1996, as
amended, Sec. 335.431(c)(1), effective
March 22, 1995, as amended.
4. Burning of Hazardous Waste TSDWA Chapter 361, THSC Secs.
in Boilers and Industrial 361.003(34), 361.024(Vernon 1992 & Supp.
Furnaces; Technical 1996) effective September 1, 1995, as
Amendments II, August 27, amended, TSDWA, THSC Sec.
1991 (56 FR 42504). 361.078(Vernon 1992), effective
(Checklist 96). September 1, 1989, Title 30 TAC Sec.
335.1, effective March 1, 1996, as
amended, TSWDA, THSC Secs. 361.003(12),
361.024, 361.061(Vernon 1992 & Supp.
1996), effective September 1, 1995, as
amended, TSWDA, THSC Sec.
361.032(Vernon Supp 1996), effective
August 28, 1995, as amended,TSWDA, THSC
Secs. 361.036, 361.078(Vernon 1992),
effective September 1, 1989, TAC Sec.
2001.021 Texas Government Code
Ann.(Vernon Supp 1996) effective
September 1, 1993, Title 30 TAC Secs.
335.24(b), 335.24(b)(2), effective
September 1, 1986, Sec. 335.112(a)(15),
effective November 23, 1993, as amended,
Sec. 335.221(b)(1), effective March 6,
1996, as amended, Sec. 335.221(b)(3),
effective July 29, 1992, as amended,
Sec. 335.221(b)(2), effective March 1,
1996, 1992, as amended, Secs.
335.221(a) (3), (5), (6), (7), (10),
(11), (13), (15), (17), (18), (19),
(20), (21), (23), Sec. 335.221(a)
effective March 1, 1996, Sec.
335.224(5), effective February 26, 1996,
Sec. 335.223(b), effective July 29,
1992, as amended, Sec. 335.112(a)(6),
effective February 26, 1996, Sec.
335.112(a) (1), (9), effective March 1,
1996, Secs. 335.224(5)(H), (i)-(ii),
effective February 26, 1996, Sec.
335.224(7), effective November 23, 1993,
Sec. 335,224(14), effective February
26, 1996, Sec. 335.221(a)(22),
effective March 1, 1996, Sec. 335.1,
effective February 26, 1996, Sec.
20.15, effective June 6, 1996, Sec.
335.41(g), effective March 6, 1996, Sec.
335.222(c)(1), July 29, 1992, and Sec.
335.222(c)(2), effective February 26,
1996 as amended.
5. Exports of Hazardous TSWDA, THSC Sec. 361.024(Vernon 1992 &
Waste; Technical Supp. 1996), effective September 1,
Corrections, September 4, 1995, as amended, TSWDA, THSC Secs.
1991 (56 FR 43704). 361.036, 361.078(Vernon 1992), effective
(Checklist 97). September 1, 1989; Title 30 TAC Sec.
335.76(b)(1), effective July 27, 1988,
as amended, Sec. 335.9, effective March
1, 1996, as amended.
6. Amendments to Interim Tex. Water Code Ann. Sec. 5.103(Vernon
Status Standards for 1988 & Supp. 1996), effective September
Downgradient Ground-Water 1, 1995, as amended; TSWDA, THSC Secs.
Monitoring Well Locations at 361.024 (Vernon 1992 & Supp.1996),
Hazardous Waste Facilities, effective September 1, 1995, as amended;
(56 FR 66365-66369) December TSWDA, THSC Sec. 361.078(Vernon 1992),
23, 1991. (Checklist 99). effective September 1, 1989; Title 30
TAC Sec. 335.1, effective January 26,
1994, as amended, and Sec.
335.112(a)(5), effective February 26,
1996, as amended.
[[Page 47950]]
7. Liners and Leak Detection Texas Water Code Ann. Sec. 5.103 (Vernon
Systems for Hazardous Waste 1988 & Supp. 1996), effective September
Land Disposal Units, (57 FR 1, 1995, as amended; TSWDA Chapter 361,
3462-3497) January 29, 1992. Sec. 361.024, THSC (Vernon 1992 & Supp.
(Checklist 100). 1996), effective September 1, 1995, as
amended; TSWDA Chapter 361, Sec.
361.078 THSC (Vernon 1992) effective
September 1, 1989; Title 30 TAC Secs.
305.122(a), 305.122(a)(1),
305.122(a)(2), Sec. 305.50(4)(A),
effective November 23, 1993; Sec.
305.122(a)(3), Sec. 305.69(i), B, H, J
effective February 26, 1996; Secs.
335.1, 335.152(a)(1), 335.152(a)(4),
335.168(c)-(f), 335.168(g)-(i),
335.152(a) (9), 335.169(b)(2)-(4),
335.170(c)-(d), (1)-(2), 335.170(e),
335.170(f), (1)-(2), 335.170(g)-(k),
335.152(a)(10), 335.173 (c)-(d),
335.173(d) (1)-(2), 335.173(f), (1)-(2),
335.173 (g)-(k), 335.152(a)(12),
335.174(b) (3)-(6), 335.112(a)(1),
335.112(a)(4), 335.112(a) (10)-(11),
335.112(a)(13), effective February 26,
1996; Sec. 335.124 (a)-(d), effective
May 28, 1986; The State rule provisions
in 30 TAC Sec. 335.124(a)-(d) are more
stringent than their federal
counterparts 40 CFR Secs. 265.301(f)-
(i) in two parts: (1) The owner or
operator must design, construct,
operate, and maintain a run-on control
system capable of preventing flow onto
the active portion of the landfill
during peak discharge from a 100-year,
rather, rather than a 25-year, storm;
and (2) the owner or operator must
design, construct, operate and maintain
a run-off management system to collect
and control at least the water volume
resulting from a 24-hour, 100 year
storm, rather than a 24-hour, 25 year-
storm.
8. Second Correction to the TSWDA, THSC Secs. 361.003(12), 361.024
Third Third Land Disposal (Vernon 1992 & Supp. 1996), effective
Restrictions, March 6, 1992 September 1, 1995, as amended; TSWDA,
(57 FR 8086). (Checklist THSC Sec. 361.078 (Vernon 1992),
102). effective September 1, 1989; Title 30
TAC Secs. 335.152(a)(1), and
335.112(a)(1), effective February 26,
1996, as amended, and Sec.
335.431(c)(1), effective March 22, 1995,
as amended.
9. Hazardous Debris Case-by- TSWDA, THSC Sec. 361.024 (Vernon 1992 &
Case Capacity Variance, (57 Supp. 1996), effective September 1,
FR 20766-20770) May 15, 1995, as amended TSWDA, THSC Sec.
1992. (Checklist 103). 361.078 (Vernon 1992), effective
September 1, 1989, Title 30 TAC Sec.
335.431(c)(1), effective March 22, 1995,
as amended.
10. Used Oil Filter TSWDA, THSC Secs. 361.003(12), 361.024
Exclusion, (57 FR 21524- (Vernon 1992 & Supp. 1996), effective
21534) May 20, 1992. September 1, 1995, as amended, TSWDA,
(Checklist 104). THSC Sec. 361.078 (Vernon 1992),
effective September 1, 1989, THSC, Sec.
371.028 (Vernon Supp. 1996), effective
September 1, 1995, as amended, Title 30
TAC Sec. 335.1, effective July 14,
1987, as amended.
11. Recycled Coke By-Product TSWDA, THSC Secs. 361.003(34), 361.024
Exclusion, (57 FR 27880- (Vernon 1992 & Supp. 1996), effective
27888) June 22, 1992. September 1, 1995, as amended, TSWDA,
(Checklist 105). THSC, Sec. 361.078 (Vernon 1992),
effective September 1, 1989, Title 30
TAC Sec. 335.1, effective March 1,
1996, as amended, TSWDA, THSC, Sec.
361.003(12), 361.024, 361.061 (Vernon
1992 & Supp. 1996), effective September
1, 1995, as amended, TSWDA, THSC, Sec.
361.078 (Vernon 1992), effective
September 1, 1989, Title 30 TAC Sec.
335.221(a)(1), effective March 1, 1996,
as amended.
12. Lead-bearing Hazardous SWDA, THSC, Sec. 361.024 (Vernon 1992 &
Materials Case-by-Case Supp. 1996), effective September 1,
Capacity Variance, (57 FR 1995, as amended, TSWDA, THSC, Sec.
28628-28632) June 26, 1992. 361.078 (Vernon 1992), effective
(Checklist 106). September 1, 1989, Title 30 TAC Sec.
335.431(c)(1), effective March 22, 1995,
as amended.
13. Used Oil Filter TSWDA, THSC Secs. 361.003(12), 361.024
Exclusion; Technical (Vernon 1992 & Supp. 1996), effective
Corrections, (57 FR 29220) September 1, 1995, as amended,TSWDA,
July 1, 1992. (Checklist THSC Sec. 361.078 (Vernon 1992),
107). effective September 1, 1989, THSC, Sec.
371.028 (Vernon Supp. 1996), effective
September 1, 1995, as amended, Title 30
TAC Sec. 335.1, effective July 14,
1987, as amended.
14. Toxicity Characteristic TSWDA, THSC Secs. 361.003(12), 361.024,
Revisions; Technical 361.061, (Vernon 1992 & Supp. 1996),
Corrections, (57 FR 30657- effective September 1, 1995, as amended,
30658) July 10, 1992. TSWDA, THSC Sec. 361.078 (Vernon 1992),
(Checklist 108). effective September 1, 1989, THSC, Sec.
371.078 (Vernon Supp. 1992), effective
September 1, 1989, as amended, Title 30
TAC Sec. 335.1, effective July 14,
1987, as amended, Title 30 TAC Sec.
335.112(a)(13), effective February 26,
1996, as amended.
15. Land Disposal TSWDA, THSC, Secs. 361.003(12), 361.024,
Restrictions for Newly 361.064, (Vernon 1992 & Supp. 1996),
Listed Wastes and Hazardous effective September 1, 1995, as amended,
Debris, (57 FR 37194-37282) TSWDA, THSC, Sec. 361.078 (Vernon
August 18, 1992. (Checklist 1992), effective 1992 & Supp. 1996),
109). effective September 1, 1995, as amended,
TSWDA, THSC Sec. 361.078 (Vernon 1992),
effective September 1, 1989, Title 30
TAC Sec. 355.1, effective July 14,
1987, as amended, Title 30 TAC Sec.
335.431(c)(1), effective March 22, 1995,
as amended, Title 30 TAC Sec.
305.50(4)(A), effective November 23,
1993, as amended, TSWDA, THSC, Secs.
361.024 (Vernon 1992 & Supp 1996),
effective September 1, 1995, as amended,
TSWDA, THSC Sec. 361.078 (Vernon 1992),
effective September 1, 1989, Title 30
TAC Sec. 335.1, effective February 26,
1996, as amended, Title 30 TAC Sec.
335.69(a)(1)(C), effective February 26,
1996, as amended, Title 30 TAC Sec.
335.69(a)(1)(D), Title 30, TAC Sec.
335.69(a)(1)(D)(i)-(ii), Title 30 TAC
Sec. 335.69(a)(2), Title 30 TAC Sec.
335.152(a)(5)-(6), Title 30 TAC Sec.
335.152(a)(19), Title 30 TAC Sec.
335.112(a)(6), Title 30 TAC Sec.
335.118(b), Title 30 TAC Secs.
335.112(a)(10) and (21), effective
February 26, 1996, as amended, Title 30
TAC Sec. 335.431(c)(1), effective March
22, 1995, as amended, Title 30 TAC Sec.
305.69(f)(5)(B)(ii), Title 30 TAC Sec.
305.69(i), I.6, Title 30 TAC Sec.
305.69(i),(N), Title 30 TAC Sec.
305.51(c)(6), effective February 26,
1996.
16. Coke By-Products TSWDA, THSC, Secs. 361.003(12), 361.024
Listings, (57 FR 37284- (Vernon 1992 * Supp. 1996), effective
37306) August 18, 1992. September 1, 1995, as amende, TSWDA,
(Checklist 110). THSC Sec. 361.078 (Vernon 1992),
effective September 1, 1989, as amended,
Title 30 TAC Sec. 335.1, effective July
14, 1987, as amended, Title 30 TAC Sec.
335.29(4), effective February 26, 1996,
as amended.
[[Page 47951]]
17. Burning of Hazardous TSDWA Chapter 361, THSC Secs.
Waste in Boilers and 361.003(34), 361.024(Vernon 1992 & Supp.
Industrial Furnaces; 1996) effective September 1, 1995, as
Technical Amendment III, [57 amended, TSDWA, THSC Sec.
FR 38558-38566] August 25, 361.078(Vernon 1992), effective
1992. (Checklist 111). September 1, 1989, Title 30 TAC Sec.
335.1, effective March 1, 1996, as
amended, TSWDA, THSC Secs. 361.003(12),
361.024, 361.061(Vernon 1992 & Supp.
1996), effective September 1, 1995, as
amended, TSWDA, THSC Sec.
361.032(Vernon Supp 1996), effective
August 28, 1995, as amended,TSWDA, THSC
Secs. 361.036, 361.078(Vernon 1992),
effective September 1, 1989, TAC Sec.
2001.021 Texas Government Code
Ann.(Vernon Supp 1996) effective
September 1, 1993, Title 30 TAC Secs.
335.24(b), 335.24(b)(2), effective
September 1, 1986, Sec. 335.112(a)(15),
Sec. 335.221(b)(2), effective March 1,
1996, 1992, as amended, Secs.
335.221(a)(3), (5), (6), (7), (10),
(11), (13), (15), (17), (18), (19),
(20), (21), (23), Sec. 335.221(a)
effective March 1, 1996, Sec.
335.224(5), effective February 26,1996,
Sec. 335.223(b), effective July 29,
1992, as amended, Sec. 335.112(a)(6),
effective February 26, 1996, Sec.
335.112(a)(1), (9), effective March 1,
1996, Secs. 335.224(5)(H), (i)-(ii),
effective February 26, 1996, Sec.
335.224(7), effective November 23, 1993,
Sec. 335,224(14), effective February
26, 1996, Sec. 335.221(a)(22),
effective March 1, 1996, Sec. 335.1,
effective February 26, 1996, Sec.
20.15, effective June 6, 1996, Sec.
335.41(g), effective March 6,1996, Sec.
335.222(c)(1), July 29, 1992, and Sec.
335.222(c)(2), effective February 26,
1996 as amended.
18. Consolidated Liability TSWDA, THSC, Secs. 361.024, 361.085
Requirements, (53 FR 33938- (Vernon 1992 Supp. 1996), effective
33960) July 1, 1991, and [57 September 1, 1995, as amended, TSWDA,
FR 42832-42844] September THSC Sec. 361.078(Vernon 1992),
16, 1992. (Checklists 113, effective September 1, 1989; Title 30
113.1, & 113.2). TAC Secs. 335.1(a)(7), 335.152(a)(6),
335.152(a)(6)(C), effective February 26,
1996, as amended, Title 30 TAC Secs.
335.112(a)(7), 335.152(a)(6), effective
February 26, 1996, as amended, Title 30
TAC Secs. 335.112(a)(7), 335.152(a)(6),
effective February 26, 1996, as amended.
19. Burning of Hazardous TSDWA Chapter 361, THSC Secs.
Waste in Boilers and 361.003(34), 361.024(Vernon 1992 & Supp.
Industrial Furnaces; 1996) effective September 1, 1995, as
Technical Amendment IV, (57 amended, TSDWA, THSC Sec.
FR 44999-45001) September 361.078(Vernon 1992), effective
30, 1992. (Checklist 114). September 1, 1989, Title 30 TAC Sec.
335.1, effective March 1, 1996, as
amended, TSWDA, THSC Secs. 361.003(12),
361.024, 361.061(Vernon 1992 & Supp.
1996), effective September 1, 1995, as
amended, TSWDA, THSC Sec.
361.032(Vernon Supp 1996), effective
August 28, 1995, as amended,TSWDA, THSC
Secs. 361.036, 361.078(Vernon 1992),
effective September 1, 1989, TAC Sec.
2001.021 Texas Government Code
Ann.(Vernon Supp 1996) effective
September 1, 1993, Title 30 TAC Secs.
335.24(b), 335.24(b)(2), effective
September 1, 1986, Sec. 335.112(a)(15),
Sec. 335.221(b)(2), effective March 1,
1996, 1992, as amended, Secs.
335.221(a) (3), (5), (6), (7), (10),
(11), (13), (15), (17), (18), (19),
(20), (21), (23), Sec. 335.221(a)
effective March 1, 1996, Sec.
335.224(5), effective February 26,1996,
Sec. 335.223(b), effective July 29,
1992, as amended, Sec. 335.112(a)(6),
effective February 26, 1996, Sec.
335.112(a)(1), (9), effective March 1,
1996, Secs. 335.224(5)(H), (i)-(ii),
effective February 26, 1996, Sec.
335.224(7), effective November 23, 1993,
Sec. 335,224(14), effective February
26, 1996,Sec. 335.221(a)(22), effective
March 1, 1996, Sec. 335.1, effective
February 26, 1996, Sec. 20.15,
effective June 6, 1996, Sec. 335.41(g),
effective March 6,1996, Sec.
335.222(c)(1), July 29, 1992, and Sec.
335.222(c)(2), effective February 26,
1996 as amended.
20. Chlorinated Teluenes TSWDA, THSC, Secs. 361.003(12), 361.024
Production Waste Listing, (Vernon 1992 * Supp. 1996), effective
(57 FR 47376-47386) October September 1, 1995, as amende, TSWDA,
15, 1992. (Checklist 115). THSC Sec. 361.078 (Vernon 1992),
effective September 1, 1989, as amended,
Title 30 TAC Sec. 335.1, effective July
14, 1987, as amended, Title 30 TAC Sec.
335.29(4), effective February 26, 1996,
as amended.
21. Hazardous Soil Case-By- TSWDA, THSC Sec. 361.024 (Vernon 1992 &
Case Capacity Variance, (57 Supp. 1996), effective September 1,
FR 47772-47776) October 20, 1995, as amended TSWDA, THSC Sec.
1992. (Checklist 116). 361.078 (Vernon 1992), effective
September 1, 1989, Title 30 TAC Sec.
335.431(c)(1), effective March 22, 1995,
as amended.
22. ``Mixture'' and ``Derived- TSWDA, THSC Secs. 361.003(12), 361.024,
From'' Rules; Response to 361.061 (Vernon 1992 & Supp. 1996),
court Remand, (57 FR 7628- effective September 1, 1995, as amended,
7633) March 3, 1992. TSWDA, THSC, Sec. 361.078 (Vernon
(Checklist 117A, 117A.1, 1992), effective September 1, 1989;
117A.2). Title 30 TAC Sec. 335.1, effective July
14, 1987, as amended.
23. Toxicity Characteristic TSWDA, THSC, Secs. 361.003(12), 361.024,
Amendment, (57 FR 23062- 361.061 (Vernon 1992 & Supp. 1996),
23063) June 1, 1992. effective September 1, 1995, as amended,
(Checklist 117B). TSWDA, THSC, Sec. 361.078 (Vernon
1992), effective September 1, 1989;
Title 30 TAC Sec. 335.1, effective July
14, 1987, as amended.
24. Liquids in Landfills II, TSWDA, THSC, Sec. 361.078 (Vernon 1992),
(57 FR 54452-54461) November effective September 1, 1989; Title 30
18, 1992. (Checklist 118). TAC Secs. 335.1, 335.152(a)(1), 335.175
(a)-(b), 335.175, 335.175(d),
335.175(d)(1)-(2), 335.152(a)(12),
335.112(a)(1),335.125 (a)-(b), 335.125,
effective February 26, 1996, as amended,
335.125(f), 335.125(f)(1)-(2), effective
May 28, 1986, and 335.112(a)(13),
effective February 26, 1996, as amended.
The State law is more stringent than
federal law in that state regulations do
not permit disposal in landfills of free
liquids even if a sorbent has been
applied to the liquids.
25. Toxicity Characteristic TSDWA, THSC, Secs. 361.003(12), 361.024
Revision; TCLP Correction, (Vernon 1992 & Supp. 1996), effective
(57 FR 55114-55117) November September 1, 1995, as amended, TSWDA,
24, 1992. (Checklist 119 & THSC, Sec. 361.078 (Vernon 1992),
119.1)). effective September 1, 1989; Title 30
TAC Sec. 335.29(2), effective February
26, 1996, as amended.
26. Wood Preserving; TSWDA, THSC, Secs. 361.003(12), 361.024
Revisions to Listings and (Vernon 1992 * Supp. 1996), effective
Technical Requirements, (57 September 1, 1995, as amended, TSWDA,
FR 61492-61505) December 24, THSC Sec. 361.078 (Vernon 1992),
1992. (Checklist 120). effective September 1, 1989, as amended,
Title 30 TAC Sec. 335.1, effective July
14, 1987, as amended, Title 30 TAC Sec.
335.29(4), effective February 26, 1996,
as amended. Texas Solid Waste Disposal
Act (TSWDA), and Texas Health and Safety
Code (THSC) Annotated Secs.
361.003(34), 361.024 (Vernon 1992 and
Supplement 1996), effective September 1,
1995, as amended; TSWDA and THSC Sec.
361.078 (Vernon 1992), Title 30 Texas
Administrative Code (TAC) Chapter Sec.
335.1, March 1, 1996, as amended, Sec.
335.1 effective July 14, 1987, Title 30
TAC Secs. 335.152(a)(15)
335.112(a)(18), effective November 23,
1993.
[[Page 47952]]
27. Corrective Action TSWDA, THSC Secs. 361.024, 361.061
Management Units and (Vernon 1992 & Supp. 1996), effective
Temporary Units, (58 FR 8658- September 1, 1995, as amended, TSWDA,
8685) February 16, 1993. THSC Sec. 361.032 (Vernon Supp. 1996),
(Checklist 121). effective August 28, 1995, as amended,
Title 30 TAC Secs. 335.1, 335.151(c),
335.167(b), 335.152(a)(14), 335.111(a),
305.2, 305.69(i), effective February 22,
1994, and Sec. 335.431(c)(1), effective
March 22, 1995.
28. Recycled Used Oil Texas Used Oil Collection, Management,
Management Standards, (57 FR and Recycling Act, Chapter 371, THSC
41566) September 10, 1992, (Vernon Supp 1992), effective September
(58 FR 26420) May 3, 1993, 1, 1995, as amended (H&SC); Title 30 TAC
(58 FR 33341) June 17, 1993, Chapter 324, Secs. 324.1, effective
(59 FR 10550) March 4, 1994. March 6, 1996, Secs. 335.6(j),
(Checklists 112, 122, 122.1 335.24(b), 335.24(c), 335.41(g),
and 130). 335.78(j), 335.221(b)(1), 335.504(1),
335.504(4), Secs. 324.1, 324.2, 324.3,
and 324.4, effective March 6, 1996. The
Texas Used Oil Collection, Management,
and Recycling Act in 30 TAC Chapter 324
Subchapter A are more stringent then the
federal program for management of used
oil. THSC Sec. 371.041(b)(4) expressly
prohibits the intentional application of
used oil to roads or land for dust
suppression without exception. The Code
allows Do-it-Yourself Used Oil
Collection center that is also a used
oil generator to commingle household DIY
oil with the used oil it generates. The
code also requires a DIY used oil
collection center to register biennially
and report annually the amount of
household used oil collected.
29. Land Disposal TSWDA, THSC Sec. 361.024 (Vernon 1992 &
Restrictions; Renewal of the Supp. 1996), effective September 1,
Hazardous Waste Debris Case- 1995, as amended TSWDA, THSC Sec.
by-Case Capacity Variance, 361.078 (Vernon 1992), effective
(58 FR 28506-28511) May 14, September 1, 1989, Title 30 TAC Sec.
1993. (Checklist 123). 335.431(c)(1), effective March 22, 1995,
as amended.
30. Land Disposal TSWDA, THSC, Secs. 361.024, 361.064
Restrictions for Ignitable (Vernon 1992 & Supp. 1996), effective
and Corrosive Characteristic September 1, 1995, as amended, TSWDA,
Wastes Whose Treatment THSC, Sec. 361.078 (Vernon 1992),
Standards Were Vacated, (58 effective September 1, 1989; Title 30
FR 29860-29887) May 24, TAC Secs. 335.41(d)(1), 335.431(c)(1)
1993. (Checklist 124). effective March 22, 1995, as amended,
and Title 30 TAC Sec. 305.69(i), B,
effective February 26, 1996, as amended.
31. Requirements for Tex. Water Code Ann. Sec. 5.103 (Vernon
Preparation, Adoption, and 1988 & Supp. 1996), effective September
Submittal of Implementation 1, 1995, as amended; TSWDA Chapter 361,
Plans, (58 FR 38816-38884) Sec. 361.024, THSC (Vernon 1992) &
July 20, 1993. (Checklist Supp. 1996) effective September 1, 1989;
125). Title 30 TAC Secs. 335.31,
335.221(a)(15), 335.221(17), and
335.221(a), effective November 20, 1996,
as amended.
32. Testing and Monitoring Tex. Water Code Ann. Sec. 5.103 (Vernon
Activities, (58 FR 46040- 1988 & Supp. 1996), effective September
46051), August 31, 1993. 1, 1995, as amended; TSWDA Chapter 361,
(Checklist 126). Sec. 361.024, THSC (Vernon 1992 & Supp.
1996), effective September 1, 1995, as
amended, TSWDA Chapter 361 Sec. 361.078
THSC (Vernon 1992), effective September
1, 1989; TSWDA Chapter 361, Sec.
361.003, THSC (Vernon 1992), effective
September 1, 1991, as amended; Title 30
TAC Sec. 335.1 effective January 26,
1994, as amended; Secs. 335.30, 335.29
(2)-(3), 335.152(a)(8), 335.175(c),
335.112(a)(9), 335.125(d), 335.431(c)
(1),(3), 305.150, 305.172(2)(A) (iii)-
(iv), 305.572(2), effective November 20,
1996, as amended, and 305.50(A),
effective November 23, 1993.
33. Boilers and Industrial Tex. Water Code Ann. Sec. 5.103 (Vernon
Furnaces; Administrative 1988 & Supp. 1996), effective September
Stay and Interim Standards 1, 1995, as amended; TSWDA Chapter 361,
for Bevill Residues, (58 FR Sec. 361.024, THSC (Vernon 1992 & Supp.
59598-59603) November 9, 1996), effective September 1, 1995, as
1993. (Checklist 127). amended TSWDA Chapter 361, Sec. 361.078
THSC (Vernon 1992), effective September
1, 1989; Title 30 TAC Secs.
335.221(a)(23), and 335.221(a) effective
November 20, 1996, as amended.
34. Wastes From the Use of Tex. Water Code Ann. Sec. 5.103 (Vernon
Chlorophenolic Formulations 1988 & Supp. 1996), effective September
in Wood Surface Protection, 1, 1995, as amended; TSWDA, Chapter 361,
(59 FR 458-469) January 4, Sec. 361.024, THSC (Vernon 1992 & Supp.
1994. (Checklist 128). 1996), effective September 1, 1995, as
amended; TSWDA, Chapter 361, Sec.
361.078 THSC (Vernon 1992) effective
September 1, 1989; Title 30 TAC Secs.
335.29(5) and 335.30, effective November
20, 1996.
35. Recordkeeping Tex. Water Code Ann. Sec. 5.103 (Vernon
Instructions; Technical 1988 & Supp. 1996), effective September
Amendment, (59 FR 13891- 1, 1995, as amended; TSWDA, Chapter 361,
13893) March 24, 1994. Sec. 361.024, THSC (Vernon 1992 & Supp.
(Checklist 131). 1996), effective September 1, 1995, as
amended; TSWDA Chapter 361, Sec.
361.078, THSC (Vernon 1992), effective
September 1, 1989; Title 30 TAC Secs.
335.152(a)(19)(A), and
335.112(a)(21)(A), effective November
20, 1996.
36. Wood Surface Protection; Tex. Water Code Ann. Sec. 5.103 (Vernon
Correction, (59 FR 28484) 1988 & Supp. 1996), effective September
June 2, 1994. (Checklist 1, 1995, as amended; TSWDA, Chapter 361,
132). Sec. 361.024, THSC (Vernon 1992 & Supp.
1996), effective September 1, 1995, as
amended; TSWDA, Chapter 361, Sec.
361.078 THSC (Vernon 1992) effective
September 1, 1989; Title 30 TAC Secs.
335.29(5) and 335.30, effective November
20, 1996.
37. Letter of Credit Tex Water Code Ann. Sec. 5.103 (Vernon
Revision, (59 FR 29958- 1988 & Supp. 1996), effective September
29960) June 10, 1994. 1, 1995, as amended; TSWDA Chapter 361,
(Checklist 133). Sec. 361.024 THSC (Vernon 1992 & Supp.
1996), effective September 1, 1995, as
amended; TSWDA Chapter 361, Sec.
361.078 THSC (Vernon 1992), effective
September 1, 1989.
38. Correction of Beryllium Tex. Water Code Ann. Sec. 5.103 (Vernon
Powder (P015) Listing, (59 & Supp. 1996), effective September 1995,
FR 31551-31552) June 20, as amended; TSWDA, Chapter 36, Sec.
1994. (Checklist 134). 361.024, THSC (Vernon 1992 & Supp.
1996), effective September 1995,
amended; TSWDA, Chapter 361, Sec. 361.0
THSC (Vernon 1992) effective September
1989; Title 30 TAC Sec. 335.1,
effective January 26, 1994, as amended;
335.431(c)(1), effective November 2,
1996, as amended.
------------------------------------------------------------------------
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
[[Page 47953]]
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 sections
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 3 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' 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. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives
of the rule.
The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows the EPA
to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of the EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. The EPA does not anticipate that the approval
of Texas's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector. The Act excludes from the
definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program, except in certain cases
where a ``Federal intergovernmental mandate'' affects an annual federal
entitlement program of $500 million or more that are not applicable
here. Texas's request for approval of a hazardous waste program is
voluntary; if a state chooses not to seek authorization for
administration of a hazardous waste program under RCRA subtitle C, RCRA
regulation is left to the EPA.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
state, local, and tribal governments in the aggregate, or the private
sector in any one year. The EPA does not anticipate that the approval
of Texas' hazardous waste program referenced in today's document will
result in annual costs of $100 million or more. The EPA's approval of
state programs generally may reduce, not increase, compliance costs for
the private sector since the State, by virtue of the approval, may now
administer the program in lieu of the EPA and exercise primary
enforcement. Hence, owners and operators of treatment, storage, or
disposal facilities (TSDFs) generally no longer face dual federal and
state compliance requirements, thereby reducing overall compliance
costs. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
The EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved state hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR parts 264, 265, and 270 and are not subject to any additional
significant or unique requirements by virtue of this program approval.
Once EPA authorizes a State to administer its own hazardous waste
program and any revisions to that program, these same small governments
will be able to own and operate their TSDFs and underground storage
tanks under the approved State program, in lieu of the Federal program.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
The EPA recognizes that small entities may own and/or operate TSDFs
that will become subject to the requirements of an approved state
hazardous waste program. However, since such small entities which own
and/or operate TSDFs are already subject to the requirements in 40 CFR
parts 264, 265 and 270, this authorization does not impose any
additional burdens on these small entities. This is because EPA's
authorization would result in an administrative change (i.e., whether
the EPA or the state administers the RCRA subtitle C program in that
state), rather than result in a change in the substantive requirements
imposed on small entities. Once EPA authorizes a state to administer
its own hazardous waste program and any revisions to that program,
these same small entities will be able to own and operate their TSDFs
under the approved state program, in lieu of the federal program.
Moreover, this authorization, in approving a state program to operate
in lieu of the federal program, eliminates duplicative requirements for
owners and operators of TSDFs in that particular state.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness 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 Texas's program, thereby eliminating
duplicative requirements for handlers of hazardous
[[Page 47954]]
waste in the State. 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 General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, 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 General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
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 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: July 24, 1997.
Lynda F. Carroll,
Acting Regional Administrator.
[FR Doc. 97-24239 Filed 9-11-97; 8:45 am]
BILLING CODE 6560-50-P
