[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49673-49682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22181]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-6422-1]
Texas: Final Authorization and Incorporation by Reference of
State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Texas has revised its Hazardous Waste Program under the
Resource Conservation and Recovery Act (RCRA). With respect to today's
document, Texas has made conforming changes to make its regulations
internally consistent relative to the revisions made in this document.
Texas has also revised its regulations to make them more consistent
with the Federal requirements. The EPA has reviewed Texas Natural
Resource Conservation Commission's (TNRCC) revisions to its program and
has determined that Texas' 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, EPA's decision to approve Texas' Hazardous Waste
Program revision will take effect as provided below. In addition,
today's document corrects technical errors made in the table of
authorities published in the March 1, 1990 (55 FR 7318), April 11, 1994
(59 FR 16987), and September 12, 1997 (62 FR 47947) authorization
documents for Texas.
The EPA uses part 272 of Title 40 Code of Federal Regulations (CFR)
to provide notice of the authorization status of State programs, and to
incorporate by reference those provisions of the State statutes and
regulations that are part of the authorized State program. Thus, EPA
intends to revise and incorporate by reference, the Texas authorized
State program in 40 CFR part 272. The purpose of this action is to
incorporate by reference into CFR the currently authorized State
hazardous waste program in Texas. This document incorporates by
reference provisions of State hazardous waste statutes and regulations
and clarifies which of these provisions are included in the authorized
and Federally enforceable program.
DATES: This rule and final authorization for Texas's program revisions
shall be effective November 15, 1999, unless an adverse comment
pertaining to the State's revision discussed in this document 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 rule or, (2) a document containing a response to the
comment that either affirms that the immediate final rule takes effect
or withdraws the rule. All comments on the program revisions must be
received by October 14, 1999. The incorporation by reference of certain
Texas statutes and regulations was approved by the Director of the
Federal Register as of November 15, 1999 in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
ADDRESSES: Written comments referring to Document number TX 99-1 should
be sent 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,
phone (214) 665-8533. Copies of Texas program revisions and materials
which EPA used in evaluating the revisions are available for inspection
and copying from 8:30 a.m. to 4 p.m. Monday through Friday at the
following addresses: Texas Natural Resource Conservation Commission,
1700 N. Congress Avenue, Austin, TX 78711-3087, phone (512) 239-1000
and EPA Region 6, 1445 Ross Avenue, Dallas, Texas 65202, Phone number:
(214) 665-6444.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multi-Media Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated Changes
A. Background
States with final authorization under section 3006(b) of the 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 CFR parts 124, 260-266, 268, 270,
273, and 279.
B. Texas
Texas initially received final authorization on December 26, 1984
(49 FR 48300), to implement its Base Hazardous Waste Management
Program. This authorization was clarified in a notice published March
26, 1985 (50 FR 11858). Texas received authorization for revisions to
its program on January 31, 1986, effective October 4, 1985 (51 FR
3952), effective February 17, 1987 (51 FR 45320), effective March 15,
1990 (55 FR 7318), effective July 23, 1990 (55 FR 21383), effective
October 21, 1991 (56 FR 41626), effective December 4, 1992 (57 FR
45719), effective June 27, 1994 (59 FR 16987), effective June 27, 1994
(59 FR 17273), effective November 26, 1997 (62 FR 47947) and, effective
December 3, 1997 (62 FR 49163).
The EPA reviewed Texas's application, and today is making an
immediate final decision, subject to public review and comment, that
Texas's Hazardous Waste Program revisions satisfies all of the
requirements necessary to qualify for final authorization.
Consequently, the EPA intends to grant authorization for the additional
program modifications to Texas. The public may submit written comments
on EPA's final decision until October 14, 1999. Copies of Texas'
program revisions are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document.
Approval of TNRCC's program revision shall become effective 60 days
from the date this document is published, unless an adverse comment
pertaining to the State's revision discussed in this document 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 rule or, (2) a document containing a response to the
comment that either affirms that the immediate final rule takes effect
or withdraws the rule.
The EPA grants Texas final authorization to carry out the following
provisions of the State's program in lieu of the Federal program. These
provisions are analogous to the indicated RCRA regulations found at 40
CFR as of July 1, 1994.
[[Page 49674]]
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State requirement Federal requirement
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30 Texas Administrative Code (TAC) Sec. 40 CFR 124.5(a).
305.62(a), effective June 13, 1996
(except the phrase ``Sec. 305.70 of
this title * * * Solid Waste Class I
Modifications'' and the sentence ``If
the permittee requests a modification
of a municipal solid waste permit * * *
Solid Waste Class I Modifications.'').
30 TAC Sec. 305.69(d)(2), introductory 40 CFR 270.42(c)(2) (introductory paragraph).
paragraph, effective February 26, 1996.
30 TAC Sec. 305.69(d)(2)(F), effective 40 CFR 270.42(c)(2)(v).
February 26, 1996.
30 TAC Sec. 305.69(g), effective 40 CFR 270.42(f).
February 26, 1996.
30 TAC Sec. 305.141(a), effective June 40 CFR 270.30 (introductory paragraph).
13, 1996.
30 TAC Sec. 335.19(b), effective March 40 CFR 260.31(b).
1, 1996.
30 TAC Sec. 335.22, effective November 40 CFR 260.40.
20, 1996.
30 TAC Sec. 335.23, introductory 40 CFR 260.41 (introductory paragraph).
paragraph, effective November 20, 1996.
30 TAC Sec. 335.23(1), effective 40 CFR 260.41(a).
November 20, 1996.
30 TAC Sec. 335.69(a), introductory 40 CFR 262.34(a) (introductory paragraph).
paragraph, effective February 26, 1996.
30 TAC Sec. 335.112(a)(13), effective 40 CFR 265, Subpart N (except 265.301(f)-(i), 265.314, and 265.315).
November 20, 1996.
30 TAC Sec. 335.112(a)(22), 40 CFR 265, Appendices.
introductory paragraph, effective
November 20, 1996.
30 TAC Sec. 335.112(a)(22)(B)-(D), 40 CFR 265, Appendices II-V.
effective November 20, 1996.
30 TAC Sec. 335.152(a)(5), effective 40 CFR 264.110-264.120.
November 20, 1996.
30 TAC Sec. 335.152(a)(20), 40 CFR 264, Appendices.
introductory paragraph, effective
November 20, 1996.
30 TAC Sec. 335.152(a)(20)(B)-(E), 40 CFR 264, Appendices IV, V, VI and IX.
effective November 20, 1996.
30 TAC Sec. 335.152(b), effective 40 CFR 264.18(b).
November 20, 1996.
30 TAC Sec. 335.154(a)(3), effective 40 CFR 264.75(d).
July 14, 1987.
30 TAC Sec. 335.164(7)(C), effective 40 CFR 264.98(g)(3).
October 29, 1990.
30 TAC Sec. 335.504(2), effective March 40 CFR 262.11(b).
6, 1996.
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In addition to the above listed changes, EPA is authorizing changes
to the following State provisions. These provisions do not have a
direct analog in the Federal RCRA regulations. However, none of these
provisions are considered broader in scope than the Federal program.
This is so because these provisions were either previously authorized
as part of Texas' base authorization or have been added to make the
State's regulations internally consistent with changes made for the
other authorizations listed in the first paragraph of this section. The
EPA has reviewed these provisions and has determined that they are
consistent with and no less stringent than the Federal requirements.
Additionally, this authorization does not affect the status of State
permits and those permits issued by EPA because no new substantive
requirements are a part of these revisions.
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State Requirement
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Texas Solid Waste Disposal Act (TSWDA) Sec. 361.063(h); Texas Health
and Safety Code Ann. (THSC) (Vernon's Supp. 1997), effective September
1, 1996, as amended.
TSWDA Sec. 361.079; THSC (Vernon's Supp. 1997), effective September 1,
1996, as amended.
TSWDA Sec. 361.089(d); THSC (Vernon's Supp. 1997), effective September
1, 1996, as amended.
30 Texas Administrative Code (TAC) Sec. 281.2, introductory paragraph,
effective November, 7, 1994.
30 TAC Sec. 281.2(4), effective November 7, 1994.
30 TAC Sec. 305.50(1), effective November 20, 1996.
30 TAC Sec. 305.69(c)(11), effective February 26, 1996.
30 TAC Sec. 305.69(d)(2)(A), effective February 26, 1996.
30 TAC Sec. 335.112(b), effective November 20, 1996.
30 TAC Sec. 335.112(c), effective February 26, 1996.
30 TAC Sec. 335.152(c), effective November 20, 1996.
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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 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. Upon effective final approval Texas
will be responsible for permitting treatment, storage, and disposal
facilities within its borders and carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of the 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.
II. Corrections
A. Corrections to March 1, 1990 (55 FR 7318) Authorization Document
There were omissions in the table published as part of the March 1,
1990 (55 FR 7318), authorization notice for Texas. The affected entry
for that table is shown in the table below. The corrections have been
bolded and italicized.
[[Page 49675]]
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Federal citation State analog
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5. Financial Responsibility--Settlement 5. 31 TAC Secs. 335.1;
Agreement--changes to 40 CFR part 260, 335.152(a)(5) and (6);
subpart B; 264 subparts G and H; 265, 335.178; 335.112(a)(6) and
subparts G and H; and 270, subparts B, (7); 335.118(a) and (b);
D, and G--as published in the Federal 335.119; 335.127; 305.50(4);
Register on May 2, 1986.. 305.51; 305.62(c)(2)(C)(x) and
305.64(g), revised July 14,
1987.
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B. Corrections to April 11, 1994 (59 FR 16987) Authorization Document
There was a typographical error in the table published as part of
the April 11, 1994 (59 FR 16987) authorization notice for Texas. The
affected entry, No. 26, for that table regarding Checklist 54
incorrectly cites 305.184(1)-(3). Subparagraph (3) was removed by
Checklist 54. The correct citation is 305.184(1)-(2).
C. Corrections to the September 12, 1997 (62 FR 47947) Authorization
Document
There were numerous typographical and effective date errors in the
tables published as part of the September 12, 1997 (62 FR 47947)
authorization notice for Texas. The affected entries for that table are
shown in the table below. The corrections have been bolded and
italicized. In addition, entry No. 39 is added to the table.
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Federal citation State analog
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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 (introductory paragraph),
305.572(1), 305.572(2), and 305.572(5),
effective July 29, 1992, as amended,
November 20, 1996, 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 February
26, 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.
* * * *
* * *
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. 361.078
1991 (56 FR 42504). (Vernon 1992), effective September 1,
(Checklist 96). 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, 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)
(1), (3), (5), (6), (7), (9), (10),
(11), (13), (14), (15), (17), (18),
(19), (20), (21), (23), Sec. 335.221(a)
effective March 1, 1996, Sec.
335.224(5), effective February 26, 1996,
Secs. 305.572 (introductory paragraph),
1992, as amended, Sec. 335.112(a)(6),
effective February 26, 1996, Sec.
335.112(a) (1), (9), effective February
26, 1996, Secs. 335.224(5)(H), (i)-(ii),
effective February 26, 1996, Sec.
335.224(7), effective 335.223(b),
effective July 29, 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.
[[Page 49676]]
* * * *
* * *
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 1992),
August 18, 1992. (Checklist effective 1992 & Supp. 1996), effective
109). 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) and (c)(3), 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), Sec. 335.112 (a)(7),
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. 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.
* * * *
* * *
17. Burning of Hazardous TSDWA Chapter 361, THSC Secs.
Waste in Boilers and 361.003(34), 361.024 (Vernon 1992 &
Industrial Furnaces; Supp. 1996) effective September 1, 1995,
Technical Amendment III, [57 as amended, TSDWA, THSC Sec. 361.078
FR 38558-38566] August 25, (Vernon 1992), effective September 1,
1992. (Checklist 111). 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. 335.221(b)(2),
effective March 1, 1996, 1992, as
amended, Secs. 335.221(a)(1), (10),
(11), (15), (17), (18), (19), (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)(1),
(9), effective February 26, 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. 335.152(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.
19. Burning of Hazardous TSDWA Chapter 361, THSC Secs.
Waste in Boilers and 361.003(34), 361.024 (Vernon 1992 &
Industrial Furnaces; Supp. 1996) effective September 1, 1995,
Technical Amendment IV, (57 as amended, TSDWA, THSC Sec. 361.078
FR 44999-45001) September (Vernon 1992), effective September 1,
30, 1992. (Checklist 114). 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. 335.221(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)(1), (9),
effective February 26, 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 amended, 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 November 20, 1996,
as amended.
* * * *
* * *
26. Wood Preserving; Safety Code (THSC) Annotated Secs.
Revisions to Listings and 361.003(34), 361.024 (Vernon 1992 and
Technical Requirements, (57 Supplement 1996), effective September 1,
FR 61492-61505) December 24, 1995, as amended; TSWDA and THSC Sec.
1992. (Checklist 120). 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 49677]]
* * * *
* * *
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 through 324.21,
(59 FR 10550) March 4, 1994. effective March 6, 1996, Secs. 335.6(j),
(Checklists 112, 122, 122.1 335.41(g), 335.78(j), 335.221(b)(1),
and 130). 335.504(1), 335.504(4), Secs. 324.1,
324.2, 324.3, and 324.4, effective March
6, 1996. 30 TAC Secs. 335.1 definition
of ``used oil'', 335.24(b) & (c),
effective March 1, 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.
* * * *
* * *
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) effective March
1993. (Checklist 124). 6, 1996, as amended, 335.431(c) (1)
effective March 22, 1995, and Title 30
TAC Sec. 305.69(i), B, effective
February 26, 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. 335.31,
335.29(2)-(3), 335.152(a)(8),
335.175(c), 335.112(a)(9), 335.125(d),
305.150, 305.172(2)(A)(iii)-(iv),
305.572 (introductory paragraph)
305.572(2), effective November 20, 1996,
as amended, Secs. 335.431(c)(1), (3),
effective March 22, 1995, and 305.50(A),
effective November 23, 1993.
* * * *
* * *
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 335.31, 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 &
(Checklist 131). 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.
335.152 (20)(A), and 335.112(a)(22)(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 Sec.
335.31, 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; Title 30 TAC Sec.
335.152(a)(6), effective November 20,
1996.
* * * *
* * *
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 361, 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; Sec.
335.29(5), effective November 20, 1996;
and 335.431(c)(1), effective March 22,
1995, as amended.
* * * *
* * *
39. Revision of Conditional Title 30 Texas Administrative Code (TAC)
Exemption for Small Scale Chapter 335 Sec. 335.2(g) as amended
Treatability Studies (59 FR effective November 20, 1996.
8362-8366), February 18,
1994. (Checklist 129).
------------------------------------------------------------------------
[[Page 49678]]
III. Incorporation By Reference
A. Background
Effective December 3, 1997 (62 FR 49163), EPA incorporated by
reference Texas' then authorized hazardous waste program. Effective
November 26, 1997 (62 FR 47947), EPA granted authorization to Texas for
additional program revisions. In this document, EPA is incorporating
the currently authorized State hazardous waste program in Texas RCRA
Clusters II through IV.
The EPA provides notice of its approval of State programs in 40 CFR
part 272 and incorporates by reference therein the State statutes and
regulations that are part of the authorized State program under RCRA.
This effort will provide clearer notice to the public of the scope of
the authorized program in Texas. Such notice is particularly important
in light of HSWA, PL 98-616. Revisions to State hazardous waste
programs are necessary when Federal statutory or regulatory authority
is modified. Because HSWA extensively amended RCRA, State programs must
be modified to reflect those amendments. By incorporating by reference
the authorized Texas program and by amending the CFR whenever a new or
different set of requirements is authorized in Texas, the status of
Federally approved requirements of the Texas program will be readily
discernible.
The Agency will only enforce those provisions of the Texas
Hazardous Waste Program for which authorization approval has been
granted by EPA.
B. Texas Authorized Hazardous Waste Program
The EPA is revising the incorporation by reference of the Texas
authorized hazardous waste program in subpart SS of 40 CFR part 272.
The State statutes and regulations are incorporated by reference at 40
CFR 272.2201(b)(1) and the Memorandum of Agreement, the Attorney
General's Statement and the Program Description are referenced at
Secs. 272.2201(b)(5), (b)(6) and (b)(7), respectively.
The Agency retains the authority under sections 3007, 3008, 3013
and 7003 of RCRA to undertake enforcement actions in authorized States.
With respect to such an enforcement action, the Agency will rely on
Federal sanctions, Federal inspection authorities, and the Federal
Administrative Procedure Act rather than the authorized State analogues
to these requirements.
Therefore, the Agency does not intend to incorporate by reference
for purposes of enforcement such particular, authorized Texas
enforcement authorities. Section 272.2201(b)(2) of 40 CFR lists those
authorized Texas authorities that are part of the authorized program
but are not incorporated by reference.
The public also needs to be aware that some provisions of the
State's Hazardous Waste Program are not part of the federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C, 40 CFR
271.1(i));
(2) Unauthorized amendments to authorized State provisions.
State provisions which are ``broader in scope'' than the Federal
program are not incorporated by reference for purposes of enforcement
in 40 CFR part 272. Section 272.2201(b)(3) of 40 CFR lists for
reference and clarity the Texas statutory and regulatory provisions
which are ``broader in scope'' than the Federal program and which are
not, therefore, part of the authorized program being incorporated by
reference. ``Broader in scope'' provisions will not be enforced by EPA;
the State, however, will continue to enforce such provisions.
Since EPA cannot enforce a State's requirements which have not been
reviewed and approved according to the Agency's authorization
standards, it is important that EPA clarify any limitations on the
scope of a State's approved hazardous waste program. Thus, in those
instances where a State has made unauthorized amendments to previously
authorized sections of State code, EPA will provide this clarification
by: (1) incorporating by reference the relevant State legal authorities
according to the requirements of the Office of Federal Register; and
(2) subsequently identifying in Sec. 272.2201(b)(4) any requirements
which while adopted and incorporated by reference, are not authorized
by EPA, and therefore are not federally enforceable. Thus,
notwithstanding the language in the Texas hazardous waste regulations
incorporated by reference at Sec. 272.2201(b)(1), EPA would only
enforce the State provisions that are actually authorized by EPA. For
the convenience of the regulated community, the actual State regulatory
text authorized by EPA for the citations listed at Sec. 272.2201(b)(4)
is compiled as a separate document, Addendum to the EPA-Approved Texas
Regulatory and Statutory Requirements Applicable to the Hazardous Waste
Management Program, December, 1997. This document is available from EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. With respect to
HSWA requirements for which the State has not yet been authorized, EPA
will continue to enforce the Federal HSWA standards until the State
receives specific HSWA authorization from EPA.
C. HSWA Provisions
As noted above, the Agency is not amending 40 CFR part 272 to
include HSWA requirements and prohibitions that are immediately
effective in Texas and other States. Section 3006(g) of RCRA provides
that any requirement or prohibition of HSWA (including implementing
regulations) takes effect in authorized States at the same time that it
takes effect in non-authorized States. Thus, EPA has immediate
authority to implement a HSWA requirement or prohibition once it is
effective.
A HSWA requirement or prohibition supercedes any less stringent or
inconsistent State provision which may have been previously authorized
by EPA (50 FR 28702, July 15, 1985).
Because of the vast number of HSWA statutory and regulatory
requirements taking effect over the next few years, EPA expects that
many previously authorized and incorporated by reference State
provisions will be affected. The States are required to revise their
programs to adopt the HSWA requirements and prohibitions by the
deadlines set forth in 40 CFR 271.21, and then to seek authorization
for those revisions pursuant to 40 CFR part 271. The EPA expects that
the States will be modifying their programs substantially and
repeatedly. Instead of amending the 40 CFR part 272 every time a new
HSWA provision takes effect under the authority of RCRA section
3006(g), EPA will wait until the State receives authorization for its
analog to the new HSWA provision before amending the State's 40 CFR
part 272 incorporation by reference. In the interim, persons wanting to
know whether a HSWA requirement or prohibition is in effect should
refer to 40 CFR 271.1(j), as amended, which lists each such provision.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and clarify the extent
of Federal enforcement authority. This will be particularly true as
more State program revisions to adopt HSWA provisions are authorized.
[[Page 49679]]
IV. Regulatory Requirements
A. 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, 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 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 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 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 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 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 Texas program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of State programs generally may reduce, 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 because 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 treatment, storage or disposal
facilities (TSDFs), they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
B. 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
1996), 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 the 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.
C. 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 will submit 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'' as defined by 5 U.S.C. 804(2).
D. Compliance With Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this rule
from the requirements of Executive Order 12866.
E. Compliance With E.O. 12875-Enhancing Intergovernmental
Partnerships
Under Executive Order 12875, EPA may not issue a 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 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.
[[Page 49680]]
F. Compliance With E.O. 13045-Protection of Children From Environmental
Health Risk and Safety Risks
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 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.
G. Compliance with E.O. 13084-Consultation and Coordination With Indian
Tribal Governments
Under E.O. 13084, EPA may not issue a regulation that is not
required 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
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, E.O. 13084 requires EPA
to provide to the OMB, in a separately identified section of the
preamble to the rule, a description of the extent of 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 EPA to
develop an effective process permitting elected officials 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 affects the communities of Indian tribal
governments. Texas is not authorized to implement the RCRA hazardous
waste program in Indian country. This action has no effect on the
hazardous waste program that EPA implements in the Indian country
within the State.
H. 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.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs 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 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, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, 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).
Dated: June 24, 1999
Jerry Clifford,
Deputy Regional Administrator, Region 6.
For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
1. The authority citation for part 272 continues to read as
follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
2. Subpart SS is amended by revising Sec. 272.2201 to read as
follows:
Sec. 272.2201 Texas State-Administered Program: Final Authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Texas final authorization for Base program effective on
December 26, 1984. Subsequent program revision applications were
approved effective on October 4, 1985, February 17, 1987, March 15,
1990, July 23, 1990, October 21, 1991, December 4, 1992, June 27, 1994,
November 26, 1997, December 3, 1997, and November 15, 1999.
(b) State statutes and regulations.
(1) The Texas statutes and regulations cited in this paragraph are
incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(i) The EPA Approved Texas Statutory Requirements Applicable to the
Hazardous Waste Management Program, December 1997.
(ii) The EPA Approved Texas Regulatory Requirements Applicable to
the Hazardous Waste Management Program, December 1997.
(2) The following statutes and regulations concerning State
procedures and enforcement, although not incorporated by reference, are
part of the authorized State program:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 1992),
effective September 1, 1991: Chapter 361, The Texas Solid Waste
Disposal Act, sections 361.002, 361.017 (except 361.017(d)&(e)),
361.024(b)-(d), 361.033, 361.036, 361.037(a), 361.063(b), 361.063(e)-
(g), 361.063(i), 361.063(k)&(l), 361.066(b), 361.078, 361.080(a),
361.082(b), 381.082(c) (except second sentence), 361.082(e), 361.084(c)
(except the phrase ``, or evidence of * * * waste management''),
361.085(a)-(d), 361.088(b), 361.089(g), 361.090, 361.095(b)-(f),
361.096, 361.097, 361.098(a) (except the phrase ``Except as provided in
subsections (b) and (c),''), 361.099(a), 361.100, 361.101, 361.103
through 361.108, 361.109(a), 361.221 (except 361.221(c)&(e), 361.222
(except 361.222(d)-(u)), 361.223(c), 361.227, 361.301, 361.303,
361.321(b),
[[Page 49681]]
361.321(c) (except the phrase ``Except as provided by section
361.322(a)''), and 361.321(d); Chapter 371, Texas Oil Collection,
Management, and Recycling Act, sections 371.043(a)&(b), 371.044(b) and
371.045.
(ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 1997
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid
Waste Disposal Act, sections 361.016, 361.017(d)&(e), 361.018,
361.024(a), 361.024(e), 361.032, 361.061, 361.063(a), 361.063(c),
361.063(d), 361.063(j), 361.063(h), 361.064, 361.067, 361.068(a),
361.069 (except last sentence), 361.079, 361.083, 361.084 (except
361.084(c)), 361.085(e)-(j), 361.088(a)&(c), 361.089(a)-(f), 361.102(a)
(except the phrase ``Except as provided by subsections (b) and (c)''),
361.223(a)&(b), 361.224(a)&(b), 361.225, 361.226, 361.228, 361.229,
361.301, 361.303, 361.321(a), and 361.321(e) (except the phrase
``Except as provided by section 361.322(e)''); Chapter 371, Texas Oil
Collection, Management, and Recycling Act, sections 371.0025(b)&(c),
371.003 (introductory paragraph), 371.024(a), 271.024(c)&(d),
371.026(a)&(b), 371.028, 371.041(b)-(d), 371.042, 371.043(c)&(d), and
371.044(a).
(iii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 1992),
effective September 1, 1985, as amended: Chapter 5, sections 5.103,
5.104, 5.105; Chapter 26, section 26.011; and Chapter 27, section
27.019.
(iv) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1994, as amended, effective through January 1, 1994: Chapter
305, sections 305.98 and 305.99.
(v) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1997, as amended, effective through January 1, 1997: Chapter
281, sections 281.1 (except the clause ``except as provided by * * *
Prioritization Process)''), 281.2 (introductory paragraph), 281.2(4),
281.3(a)&(b), 281.5, 281.17(d)-(f), 281.18(a), 281.19, 281.20, 281.21
(except 281.21(e)), 281.22(a)&(b), 268.23 281.24; Chapter 305, sections
305.29(b)&(c), 305.64(d)&(f), 305.66(c), 305.66(e)-(l), 305.91 through
305.95, 305.97, 305.100, 305.101 (except 305.101(c)), 305.102, 305.103,
305.105, 305.123, 305.125(1)&(3), 305.125(20), 305.127(1)(B)(i),
305.127(4)(A)&(C), 305.127(6), 305.401 (except 305.401(c)); Chapter
324, sections, 324.17 through 324.20; and Chapter 335, sections
335.2(b), 335.206, 335.391 through 335.393.
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon 1992),
effective September 1, 1991: Chapter 361, The Texas Solid Waste
Disposal Act, sections 361.131 through 361.140; Chapter 371, Texas Oil
Collection, Management, and Recycling Act, sections 371.021, 371.022,
371.024(e), 371.025, and 371.026(c).
(ii) Texas Health and Safety Code (THSC) Annotated, (Vernon 1997
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid
Waste Disposal Act, sections 361.131 through 361.140; Chapter 371,
Texas Oil Collection, Management, and Recycling Act, sections 371.021,
371.022, 371.024(e), 371.0245, 371.0246, 371.025, and 371.026(c).
(iii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1997, as amended, effective through January 1, 1997: Chapter
305, sections 305.27 (as it pertains to solid waste), 305.53,
305.64(b)(4); and Chapter 335, sections 335.321 through 335.332 and
Appendices I and II.
(4) Unauthorized State Amendments. The following authorized
provisions of the Texas regulations include amendments published in the
Texas Register that are not approved by EPA. Such unauthorized
amendments are not part of the State's authorized program and are,
therefore, not Federally enforceable. Thus, notwithstanding the
language in the Texas hazardous waste regulations incorporated by
reference at Sec. 272.2201(b)(1), EPA will only enforce the authorized
State provisions with the effective dates indicated in the following
table. The actual State regulatory text authorized by EPA for the
listed provisions is available as a separate document, Addendum to the
EPA-Approved Texas Regulatory and Statutory Requirements Applicable to
the Hazardous Waste Management Program, December, 1997. Copies of the
document can be obtained from U.S. EPA Region 6, Grants and
Authorization Section, RCRA Programs Branch, U.S. EPA Region 6, First
Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Suite 1200,
Dallas, TX 75202.
------------------------------------------------------------------------
Unauthorized state
Effective amendments
State provision date of -----------------------------
authorized Texas Register Effective
provision reference date
------------------------------------------------------------------------
335.2(c)..................... 11/7/91 18 TexReg 2799. 5/12/93
18 TexReg 8218. 11/23/93
335.6(a)..................... 7/29/92 18 TexReg 2799. 5/12/93
335.6(c) introductory 7/29/92 17 TexReg 8010. 11/27/92
paragraph. 20 TexReg 2709. 4/24/95
20 TexReg 3722. 5/30/95
21 TexReg 1425. 3/1/96
21 TexReg 2400. 3/6/96
335.6(g)..................... 7/29/92 18 TexReg 3814. 6/28/93
335.10(b)(22)................ 7/27/88 17 TexReg 8010. 11/27/92
335.24(b) introductory 3/1/96 21 TexReg 10983 11/20/96
paragraph.
335.24(c) introductory 3/1/96 21 TexReg 10983 11/20/96
paragraph.
335.41(c).................... 9/1/86 18 TexReg 8218. 11/23/93
335.45(b).................... 9/1/86 17 TexReg 5017. 7/29/92
335.204(a)(1)................ 5/28/86 16 TexReg 6065. 11/7/91
335.204(b)(1)................ 5/28/86 16 TexReg 6065. 11/7/91
335.204(b)(6)................ 5/28/86 16 TexReg 6065. 11/7/91
335.204(c)(1)................ 5/28/86 16 TexReg 6065. 11/7/91
335.204(d)(1)................ 5/28/86 16 TexReg 6065. 11/7/91
335.204(e)(6)................ 5/28/86 16 TexReg 6065. 11/7/91
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[[Page 49682]]
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the Texas Natural Resource Conservation Commission
(TNRCC), signed by the EPA Regional Administrator on July 24, 1997, is
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Texas on
May 22, 1984 and revisions, supplements and addenda to that Statement
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11,
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8,
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended
February 7, 1997, and March 11, 1997, are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(7) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
3. Appendix A to part 272, State Requirements, is amended by
revising the listing for ``Texas'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Texas
The statutory provisions include:
Texas Health and Safety Code (THSC) Annotated, (Vernon 1992),
effective September 1, 1991: Chapter 361, The Texas Solid Waste
Disposal Act, sections 361.003 (introductory paragraph), 361.003(1),
361.082(a), 361.082(f), 361.086, 361.087, 361.093, 361.095(a),
361.099(b), and 361.110; Chapter 371, The Texas Oil Collection,
Management, and Recycling Act, section 371.041(a).
Texas Health and Safety Code (THSC) Annotated, (Vernon 1997
Supplement), effective September 1, 1996: Chapter 361, The Texas
Solid Waste Disposal Act, sections 361.003 except (3), (4), (19),
(27), (35) and (39)), 361.066(a), and 361.094; Chapter 371, The
Texas Oil Collection, Management, and Recycling Act, sections
371.003, 371.024(b), and 371.026(d).
Copies of the Texas statutes that are incorporated by reference
are available from West Publishing Company, 610 Opperman Drive, P.
O. Box 64526, St. Paul, Minnesota 55164-0526.
The regulatory provisions include:
Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1994, as amended, effective through January 1, 1994:
Chapter 305, section 305.50(4); Chapter 335, sections 335.6(d)
(except last sentence), 335.6(e), 335.9(b), 335.10(a) (introductory
paragraph), 335.10(a)(1), 335.10(b)(5)&(8), 335.13(c)&(d),
335.13(g), 335.15 (introductory paragraph), 335.23(2), 335.24(e),
335.71, 335.214(a).
Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1997, as amended, effective through January 1, 1997:
Chapter 20, section 20.15; Chapter 281, section 281.3(c); Chapter
305, 305.1(a), 305.2 (except the definitions for ``by-pass,''
``Class I sludge management facility,'' ``component,'' ``continuous
discharge,'' ``CWA,'' ``daily average concentration,'' ``daily
average flow,'' ``direct discharge,'' ``discharge monitoring
report,'' ``effluent limitation,'' ``Environmental Protection
Agency,'' ``facility mailing list,'' ``functionally equivalent
component,'' ``indirect discharger,'' ``injection well permit,''
``National Pollution Discharge Elimination System,'' ``new
discharger,'' ``new source,'' ``outfall,'' ``primary industry
category,'' ``process wastewater,'' ``publicly owned treatment
works,'' ``recommencing discharger,'' ``regional administrator,''
``schedule of compliance,'' ``severe property damage,'' ``sewage
sludge,'' ``Texas pollution discharge elimination system,'' ``toxic
pollutant,'' ``treatment works treating domestic sewage,''
``variance,'' and ``wetlands''), 305.29(a)&(d), 305.41, 305.42,
305.43(b), 305.44, 305.45, 305.47, 305.50 (introductory paragraph),
305.50(1), 305.50(2) (except the paragraph beginning ``Also to be
submitted are listings * * * '' to the end of the subsection),
305.50(3), 305.50(5)-(8), 305.50(13)&(14), 305.51, 305.61, 305.62(a)
(except the phrase ``Sec. 305.70 of this title * * * Solid Waste
Class I Modifications'' in the first sentence and the fifth sentence
``If the permittee requests a modification of a municipal solid
waste permit * * * Solid Waste Class I Modifications).''),
305.62(b)-(h), 305.63 (introductory paragraph), 305.63(1)&(2),
305.63(3) (except the last sentence), 305.63(4)-(6), 305.64(a),
305.64(b) (except 305.64(b)(4)&(5)), 305.64(c), 305.64(e),
305.64(g), 305.66(a) (except 305.66(a)(7)&(8)), 305.67, 305.69
(except 305.69(i) A.8-A.10), 305.121, 305.122(a)-(c), 305.124,
305.125 (except 305.125(1), (3), and (20)), 305.127 (introductory
paragraph), 305.127(1)(B)(iii), 305.127(1)(E)&(F), 305.127(2)&(3),
305.127(4)(B), 305.127(5)(C), 305.128, 305.141 through 305.145,
305.146 (introductory paragraph), 305.146(1), 305.150, 305.171
through 305.174, 305.181 through 305.184, 305.191 through 305.194,
305.401(c), 305.571, 305.572 (except the date ``September 5, 1991''
in the (introductory paragraph)), 305.573; Chapter 324, sections,
324.1 through 324.4, 324.6, 324.7, 324.11 through 324.16, 324.21;
Chapter 335, sections 335.1 (introductory paragraph), 335.1 (except
the definitions for ``activities associated with the exploration,
development, and protection of oil or gas, or geothermal
resources,'' ``class 1 wastes,'' ``class 2 wastes,'' ``class 3
wastes,'' ``commercial hazardous waste facility,'' ``contaminant,''
``contaminated medium/media,'' ``control,'' ``decontaminate,''
``essentially insoluable,'' ``hazardous industrial waste,''
``hazardous substance,'' ``industrial solid waste,'' ``Petroleum
substance,'' ``remediation,'' ``remove,'' shipment,'' ``spill,'' and
``treatment''), 335.2(a), 335.2(c)-(g), 335.2(i)&(j), 335.4, 335.5,
335.6(a)-(c), 335.6(f)-(j), 335.7, 335.8(a)(3)&(4), 335.9 (except
335.9(b)), 335.10(a)(3) (except the phrase ``, unless the generator
is identified in paragraph (2) of this section''), 335.10(a)(4),
335.10(a)(6), 335.10(b) (except 335.10(b)(5)&(8)), 335.10(c) (except
the phrase ``the United States customs official,''), 335.10(d)-(f),
335.11 (except 335.11(d)), 335.12 (except 335.12(a)(5)), 335.13(a),
335.13(e)&(f), 335.14, 335.15(1), 335.17, 335.18, 335.19, 335.20
through 335.22, 335.23 (except 335.23(2)), 335.24(a)-(d), 335.24(f),
335.29, 335.30, 335.31, 335.41(a)-(h), 335.43 through 335.45, 335.47
(except the second sentence in 335.47(c)(3)), 335.61(a)-(e), 335.63
through 335.68, 335.69(a)-(h), 335.70, 335.73, 335.74, 335.76,
335.77, 335.78 (except 335.78(d)(2)), 335.91 through 335.94,
335.111, 335.112 (except 335.112(a)(17)), 335.113, 335.114(a),
335.115 through 335.123, 335.124 (except second sentence in
335.124(e)), 335.125 through 335.127, 335.151 through 335.153,
335.154(a), 335.155 through 335.178, 335.201(a) (except
335.201(a)(3)), 335.201(c), 335.202 (except the definitions for
``active geologic processes,'' ``area subject to active shoreline
erosion,'' ``areas of direct drainage,'' ``commercial hazardous
waste management facility,'' ``critical habitat of an endangered
species,'' ``erosion,'' ``public water system,'' and ``residence''),
335.203, 335.204(a) (introductory paragraph), 335.204(a)(1)-(5),
335.204(b)(1)-(6), 335.204(c)(1)-(5), 335.204(d)(1)-(5), 335.204(e)
(introductory paragraph), 335.204(e)(1) (introductory paragraph)
(except the phrase ``Except as * * * (B) of this paragraph,'' and
the word ``event'' at the end of the paragraph), 335.204(e)(2)-(7),
335.204(f), 335.205(a)&(b), 335.205(i), 335.211 through 335.213,
335.214(b), 335.221 through 335.226, 335.241, 335.251, 335.361
through 335.367, 335.431, and 335.504.
Copies of the Texas regulations that are incorporated by
reference are available from West Publishing Company, 610 Opperman
Drive, P. O. Box 64526, St. Paul, Minnesota 55164-0526.
* * * * *
[FR Doc. 99-22181 Filed 9-13-99; 8:45 am]
BILLING CODE 6560-50-P
