[Federal Register: May 5, 2003 (Volume 68, Number 86)]
[Rules and Regulations]
[Page 23607-23613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my03-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7491-1]
Texas: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule; technical corrections.
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SUMMARY: The State of Texas has applied for Final authorization to
revise its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The EPA reviewed Texas' application and decided
that its hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. As such, EPA
published an immediate final rule on April 15, 2003 for a 30-day public
review and comment period. The comment period will run until close of
business May 15, 2003. Today's publication is a technical correction to
the State Analog chart, listing the State regulations that are
equivalent to the Federal rules.
DATES: This technical correction is in regard to the preamble of an
immediate final rule which will become effective June 16, 2003.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 1445 Ross
Avenue, Dallas Texas 75202-2733, (214) 665-6444.
SUPPLEMENTARY INFORMATION:
A. Technical Corrections
There were printing errors which inadvertently deleted some of the
State's regulatory citations from the State of Texas Commission on
Environmental Quality (TCEQ) Federal Register notice published on April
15, 2003, 68 FR 18126-18133, that notice listed the State's regulations
that are equivalent to the rules promulgated to the Federal RCRA
implementing regulations in 40 CFR parts 124, 260-268, 270, 273 and
279. Some of the State regulations in that chart were deleted and the
following chart lists the correct citations of the State analogs that
are being recognized as equivalent to the appropriate Federal
requirements.
------------------------------------------------------------------------
Federal citation State analog
------------------------------------------------------------------------
1. Criteria for Classification of Solid Texas Water Code Annotated
Waste Disposal Facilities and Section 5.103 (Vernon 2000),
Practices; Identification and Listing effective September 1, 1995,
of Hazardous Waste; Requirements for as amended; Texas Health &
Authorization of State Hazardous Waste Safety Code Annotated Section
Programs; [61 FR 34252] July 01, 1996. 361.017 (Vernon 2001)
(Checklist 153). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1989,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.78(f)(3)(A)-(G) and
(g)(3)(A)-(G), effective
October 19, 1998.
2. Hazardous Waste Treatment; Storage Texas Water Code Annotated
and Disposal Facilities and Hazardous Section 5.103 (Vernon 2000),
Waste Generators; Organic Air Emission effective September 1, 1995,
Standards for Tanks, Surface as amended; Texas Health &
Impoundments and Containers; [61 FR Safety Code Annotated Section
59931] November 25, 1996; [59 FR 361.017 (Vernon 2001)
62896] December 6, 1994; [60 FR 26828] effective September 1, 1995,
May 19, 1995; [60 FR 50426] September as amended; Texas Health and
29, 1995; [60 FR 56952] November 13, Safety Code Annotated Section
1995; [61 FR 4903]; [61 FR 28508] June 361.024 (Vernon 2001),
5, 1996]. (Checklists 154, 154.1, effective September 1, 1995,
154.2, 154.3, 154.4, 154.5, and 154.6). as amended; Texas Health &
Safety Code Annotated Section
361.061 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.31, effective November 15,
2001, as amended; Section
335.24(e), and effective April
4, 1999, as amended, Sections
335.69(f)(2), 335.69(a)(1)(A)-
(B), effective November 15,
2001, as amended; Sections
335.152(a)(1), 335.152(a)(4),
335.152(a)(7)-(9),
335.152(a)(16)-(19), effective
November 18, 2001; 335.111(a),
effective November 15, 2001;
335.112(a)(1), 335.112(a)(4),
335.112(a)(8)-(10),
335.112(a)(19)-(21),
335.112(a)(24), effective
November 18, 2001; 305.122(a),
effective November 15, 2001,
as amended and 305.50(4)(A),
effective November 18, 2001,
as amended.
[[Page 23608]]
3. Land Disposal Restrictions Phase Texas Water Code Annotated
III--Emergency Extension of the K088 Section 5.103 (Vernon 2000),
Capacity Variance, [62 FR 1922] effective September 1, 1995,
January 14, 1997. (Checklist 155). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.341(c), effective April
30, 2000.
4. Military Munitions Rule; Hazardous Texas Water Code Annotated
Waste Identification and Management Section 5.103 (Vernon 2000),
Explosives Emergencies; Manifest effective September 1, 1995,
Exemptions for Transport of Hazardous as amended; Texas Health &
Waste on Right-of-Ways on Contiguous Safety Code Annotated Section
Properties, [62 FR 6622] February 12, 361.017 (Vernon 2001)
1997. (Checklist 156). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1989,
as amended; Texas Health &
Safety Code Annotated Section
361.061 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Texas
Health & Safety Code Annotated
Section 361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.1 and 335.61, effective
April 12, 2001, as amended;
Sections 335.10(h), effective
May 20, 1999, 335.91(f), and
(g), 335.41(d)(2), effective
April 12, 2001, as amended,
335.271, 335.272, effective
April 12, 2001, as amended;
335.152(a)(4), 335.152(a)(20),
335.112(a)(4), 335.112(a)(22),
effective November 18, 2001,
as amended and 305.69(j)
effective April 12, 2001, as
amended.
5. Land Disposal Restrictions--Phase Texas Water Code Annotated
IV: Treatment Standards for Wood Section 5.103 (Vernon 2000),
Preserving Wastes, Paperwork Reduction effective September 1, 1995,
and Streamlining, Exemptions From RCRA as amended; Texas Health &
for Certain Processed Materials; and Safety Code Annotated Section
Miscellaneous Hazardous Waste 361.017 (Vernon 2001)
Provisions, [62 FR 25998] May 12, effective September 1, 1995,
1997. (Checklist 157). as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.1 (definition of solid
waste), effective May 30,
2001, as amended; 335.17(a)(9)-
(12), and 335.24(c)(2),
effective April 4, 1999 as
amended. The State law is more
stringent than the Federal
rule because the State does
not have provisions equivalent
to 40 CFR 268(a)(10) regarding
tolling agreements. State law
has no provisions equivalent
to 40 CFR 268.44(a), under
which EPA may assure a
variance from an applicable
treatment standard.
6. Hazardous Waste Management System; Texas Water Code Annotated
Testing and Monitoring Activities, [62 Section 5.103 (Vernon 2000),
FR 32452] June 13, 1997. (Checklist effective September 1, 1995,
158). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.31, effective October 19,
1998; Sections 335.152(a)(17)-
(18), 335.152(a)(22)(E),
335.112(a)(19)-(20), effective
April 12, 2001;
335.221(a)(15), 335.221(17)-
(18), effective April 4, 1999
and 335.221(a), effective
April 4, 1999.
7. Hazardous Waste Management System; Texas Water Code Annotated
Carbamate Production, Identification Section 5.103 (Vernon 2000),
and Listing of Hazardous Waste; Land effective September 1, 1995,
Disposal Restrictions, [62 FR 32974] as amended; Texas Health &
June 17, 1997. (Checklist 159). Safety Code Annotated Section
361.003 (Vernon 2001)
effective September 1, 1991,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
30 Texas Administrative Code
Section 335.1 (Definition of
Hazardous waste) effective
January 26, 1994, as amended;
Section 335.431(a)(1),
effective April 20, 2000.
8. Land Disposal Restrictions Phase Texas Water Code Annotated
III--Emergency Extension of the K088 Section 5.103 (Vernon 2000),
National Capacity Variance, [62 FR effective September 1, 1995,
37694] July 14, 1997. (Checklist 160). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431(c), effective April
30, 2000.
[[Page 23609]]
9. Second Emergency Revision of the Texas Water Code Annotated
Land Disposal Restrictions (LDR) Section 5.103 (Vernon 2000),
Treatment Standards for Listed effective September 1, 1995,
Hazardous Wastes From Carbamate as amended; Texas Health &
Production, [62 FR 45568] August 28, Safety Code Annotated Section
1997. (Checklist 161). 361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1989,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431(c), effective April
30, 2000.
10. Organic Air Emission Standards for Texas Water Code Annotated
Tanks, Surface Impoundments, and Section 5.103 (Vernon 2000),
Containers; Clarification and effective September 1, 1995,
Technical Amendments, [62 FR 64636] as amended; Texas Health &
December 8, 1997. (Checklist 163). Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.152(a)(1), 335.152(a)(4),
335.152(a)(17)-(19);
335.112(a)(1), 335.112(a)(4),
335.112(a)(19)-(21),
335.112(a)(24), effective
November 18, 2001, as amended;
305.50(4)(A), effective March
21, 2000.
11. Kraft Mill Steam Stripper Texas Water Code Annotated
Condensate Exclusion, [63 FR 18504] Section 5.103 (Vernon 2000),
April 15, 1998. (Checklist 164). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of solid
waste) (A)(iv), effective
November 15, 2001.
12. Recycled Used Oil Management Texas Water Code Annotated
Standards; Technical Correction and Section 5.103 (Vernon 2000),
Clarification, [63 FR 24963] May 6, effective September 1, 1995,
1998. (Checklist 166 & 166.1). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; Texas Health &
Safety Code Annotated Chapter
371, effective September 1,
1991, as amended; 30 Texas
Administrative Code Section
3355.78(j), effective October
19, 1998; Sections
335.24(c)(4)(A)-(C), effective
April 14, 1999; Sections
324.1, 324.3, 324.6, 324.11-
14, effective August 8, 1999.
13. Land Disposal Restrictions Phase Texas Water Code Annotated
IV--Treatment Standards for Metal Section 5.103 (Vernon 2000),
Wastes and Mineral Processing Wastes, effective September 1, 1995,
[ 63 FR 28556] May 26, 1998. as amended; Texas Health &
(Checklist 167 A). Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of a
hazardous waste), effective
January 26, 1994, as amended;
Section 335.1 (A)(iv)
(definition of solid waste),
effective May 30, 2001, as
amended; Section 335.431(c),
effective November 15, 2001.
14. Land Disposal Phase IV--Hazardous Texas Water Code Annotated
Soils Treatment Standards and Section 5.103 (Vernon 2000),
Exclusions, [63 FR 28556] May 26, effective September 1, 1995,
1998. (Checklist 167 B). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.69(f)(4)(C), effective
March 18, 2001; Section
335.431(c) , effective
November 15, 2001. State law
has no provision equivalent to
40 CFR268.44(a), under which
EPA may assure a variance from
an applicable treatment
standard.
15. Land Disposal Restrictions Phase Texas Water Code Annotated
IV--Corrections, [63 FR 28556] May 26, Section 5.103 (Vernon 2000),
1998. (Checklist 167 C & 167.C.1). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431(c), effective November
15, 2001 and Section 335.431,
effective April 30, 2000, as
amended. State law has no
provision equivalent to 40
CFR268.44(a), under which EPA
may assure a variance from an
applicable treatment standard.
[[Page 23610]]
16. Mineral Processing Secondary Texas Water Code Annotated
Material Exclusion, [63 FR 28556] May Section 5.103 (Vernon 2000),
26, 1998. (Checklist 167 D). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1989,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of solid
waste), effective May 30,
2001.
17. Bevil Exclusion Revision and Texas Water Code Annotated
Clarification, [63 FR 28556] May 26, Section 5.103 (Vernon 2000),
1998. (Checklist 167 E). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.1 (definition of solid
waste) (A)(iv), effective May
30, 2001 as amended; 335.1
(definition of a hazardous
waste), effective January 26,
1994, as amended.
18. Exclusion of Recycled Wood Texas Water Code Annotated
Preserving Wastewater, [63 FR 28556] Section 5.103 (Vernon 2000),
May 26, 1998. (Checklist 167 F). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1989,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.1 (definition of solid
waste)(A)(iv), effective May
30, 2001 as amended; 335.1
(definition of a hazardous
waste), effective January 26,
1994, as amended.
19. Hazardous Waste Combustors Revised Texas Water Code Annotated
Standards, [63 FR 33782] June 19, Section 5.103 (Vernon 2000),
1998. (Checklist 168). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.1 (definition of solid
waste) (A)(iv), effective May
30, 2001; Sections 305.69(i),
305.69(k), effective April 12,
2001; 305.51(a)(8), effective
December 5, 1999.
20. Petroleum Refining Process, [63 FR Texas Water Code Annotated
42110] August 6, 1998; [63 FR 54356] Section 5.103 (Vernon 2000),
October 9, 1998. (Checklist 169 & effective September 1, 1995,
169.1). as amended; Texas Health &
Safety Code Annotated Section
361.003; Texas Health & Safety
Code Annotated Section 361.017
(Vernon 2001) effective
September 1, 1995, as amended;
Texas Health & Safety Code
Annotated Section 361.024
(Vernon 2001), effective
September 1, 1995, as amended;
Texas Health & Safety Code
Annotated Section 361.078
(Vernon 2001), effective
September 1, 1989, as amended;
30 Texas Administrative Code
Sections 335.1 (definition of
hazardous waste) effective
January 26, 1994, as amended;
335.1(129)(A)(iv) (definition
of a solid waste), effective
May 30, 2001, as amended;
335.431, effective April 30,
2000, as amended.
21. Land Disposal Restrictions Phase IV- Texas Water Code Annotated
Zinc Micronutrient Fertilizers, Section 5.103 (Vernon 2000),
Administrative Stay, [63 FR 46332] effective September 1, 1995,
August 31, 1998. (Checklist 170). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431, effective November
15, 2001.
22. Emergency Revision of Land Disposal Texas Water Code Annotated
Restrictions (LDR) Treatment Standards Section 5.103 (Vernon 2000),
for Listed Hazardous Waste from effective September 1, 1995,
Carbamate Production, [63 FR 47409] as amended; Texas Health &
September 4, 1998. (Checklist 171). Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431(c), effective November
15, 2001.
[[Page 23611]]
23. Land Disposal Restrictions Phase Texas Water Code Annotated
IV--Extension of Compliance Date for Section 5.103 (Vernon 2000),
Characteristic Slags [63 FR 48124], effective September 1, 1995,
September 9, 1998 (Checklist 172). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431, effective November
15, 2001, as amended.
24. Land Disposal Restrictions-- Texas Water Code Annotated
Treatment Standards for Spent Section 5.103 (Vernon 2000),
Potliners from Primary Aluminum effective September 1, 1995,
Reduction (KO88), [63 FR 51254] as amended; Texas Health &
September 24, 1998. (Checklist 173). Safety Code Annotated Section
361.017 (Vernon 2001)
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.431(c), effective November
15, 2001.
25. Hazardous Remediation Waste Texas Water Code Annotated
Management Requirements (HWIR-Media), Section 5.103 (Vernon 2000),
[63 FR 65874] November 30, 1998. effective September 1, 1995,
(Checklist 175). as amended; Texas Health &
Safety Code Annotated Section
361.003 (Vernon 2001),
effective September 1, 1991,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of a
hazardous waste), effective
January 26, 1994, as amended;
Sections 335.1 (definition of
staging pile), and 335.111(a),
effective November 15, 2001;
335.431, effective November
15, 2001; and 335.152(a)(14),
effective November 18, 2001.
26. Universal Waste Rule--Technical Texas Water Code Annotated
Amendments [63 FR 71225], December 24, Section 5.103 (Vernon 2000),
1998. (Checklist 176). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.261(b)(16)(D), effective
April 30, 2000; Section
335.251, effective October 19,
1998.
27. Organic Air Emission Standards: Texas Health & Safety Code
Clarification and Technical Amendments Annotated Section 361.024
[64 FR 3382], January 21, 1999. (Vernon 2001), effective
(Checklist 177). September 1, 1995, as amended;
Texas Health & Safety Code
Annotated Section 361.078
(Vernon 2001), effective
September 1, 1989, as amended;
30 Texas Administrative Code
Sections 335.69(a)(1)(A)-(B)
effective March 18, 2001;
335.152(a)(17), (19), and
(21), effective November 18,
2001.
28. Petroleum Refining Process Wastes- Texas Water Code Annotated
Leachate Exemption [64 FR 6806], Section 5.103 (Vernon 2000),
February 11, 1999. (Checklist 178). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.003 (Vernon 2001),
September 1, 1991, as amended;
Texas Health & Safety Code
Annotated Section 361.017
(Vernon 2001), effective
September 1, 1995, as amended;
Texas Health & Safety Code
Annotated Section 361.024
(Vernon 2001), effective
September 1, 1995, as amended;
Texas Health & Safety Code
Annotated Section 361.078
(Vernon 2001), effective
September 1, 1989, as amended;
30 Texas Administrative Code
Section 335.1 (definition of a
hazardous waste), January 26,
1994 as amended.
29. Land Disposal Restrictions Phase Texas Water Code Annotated
IV--Technical Corrections and Section 5.103 (Vernon 2000),
Clarifications to Treatment Standards effective September 1, 1995,
[64 FR 25408], May 11, 1999. as amended; Texas Health &
(Checklist 179). Safety Code Annotated Section
361.003 (Vernon 2001),
effective September 1, 1991,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of a
hazardous waste), effective
January 26, 1994, as amended;
Section 335.1 (definition of
solid waste), effective May
30, 2001; Section 335.431(c),
effective November 15, 2001;
and Section 335.69(f)(4)(C),
effective March 18, 2001.
[[Page 23612]]
30. Guideline for Establishing Test Texas Water Code Annotated
Procedures for the Analysis of Oil and Section 5.103 (Vernon 2000),
Grease and Non-Polar Material Under effective September 1, 1995,
the Clean Water Act and Resource as amended; Texas Health &
Conservation and Recovery Act [64 FR Safety Code Annotated Section
26315], June 14, 1999. (Checklist 180). 361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.31, effective November 15,
2001.
31. Universal Waste Rule: Specific Texas Water Code Annotated
Provisions for Hazardous Waste Lamps Section 5.103 (Vernon 2000),
[64 FR 36466], July 6, 1999. effective September 1, 1995,
(Checklist 181). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of universal
waste), effective May 30,
2001; Section 335.2(1),
effective April 30, 2000;
Section 335.41(j), effective
April 12, 2001; Section
335.151(b), effective February
22, 1994; Sections 335.261(a)-
(b), effective April 30, 2000;
and Section 335.431(b)(3),
effective November 15, 2001.
32. NESHAPS: Final Standards for Texas Water Code Annotated
Hazardous Air Pollutants for Hazardous Section 5.103 (Vernon 2000),
Waste Combustors, Miscellaneous Units, effective September 1, 1995,
and Secondary Lead Smelters; as amended; Texas Health &
Clarification of BIF Requirements Safety Code Annotated Section
Technical Correction to Fast-track 361.017 (Vernon 2001),
Rule (MACT Rule), [64 FR 52827] effective September 1, 1995,
September 30, 1999; [64 FR 63209] as amended; Texas Health &
November 19, 1999. (Checklist 182 & Safety Code Annotated Section
182.1). 361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Sections
335.1 (129)(A)(iv) (definition
of solid waste), effective
November 15, 2001,
335.152(a)(13),
335.112(a)(14), November 18,
2001; Section 305.50(4)(A),
effective March 21, 200;
Section 305.175, effective
November 15, 2001; Section
335.152(a)(14), effective
November 18, 2001; Section
305.69(i), effective November
15, 2001; Sections 335.1
(definitions), 335.221(a),
335.221(a)(1), 305.50(4)(A),
305.571(b), and 335.222(a)(c),
effective November 15, 2001.
33. Land Disposal Restrictions Phase Texas Water Code Annotated
IV--Technical Corrections [64 FR Section 5.103 (Vernon 2000),
56469], October 20, 1999 (Checklist effective September 1, 1995,
183). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of a
hazardous waste), effective
January 26, 1994, as amended;
Section 335.431(c) effective
November 15, 2001.
34. Waste Water Treatment Sludges from Texas Water Code Annotated
Metal Finishing Industry; 180-day Section 5.103 (Vernon 2000),
Accumulation time [65 FR 12378], March effective September 1, 1995,
8, 2000. (Checklist 184). as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.69(j)-(l) effective March
18, 2001.
35. Organobromine Production Waste [65 Texas Water Code Annotated
FR 14472], March 17, 2000. (Checklist Section 5.103 (Vernon 2000),
185). effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.017 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.024 (Vernon 2001),
effective September 1, 1995,
as amended; Texas Health &
Safety Code Annotated Section
361.078 (Vernon 2001),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code Section
335.1 (definition of a
hazardous waste), effective
January 26, 1994, as amended;
Section 335.431(c) effective
November 15, 2001.
------------------------------------------------------------------------
Statutory and Executive Order Reviews
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore, this action is not subject to review by OMB. This
rule incorporated by reference Texas' authorized hazardous waste
management regulations, and imposes no additional requirements beyond
those imposed by State law. This final rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation by
reference will not impose any new burdens on small entities.
Accordingly, I certify that this action will not have a significant
economic impact on a
[[Page 23613]]
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule merely incorporates by
reference certain existing State hazardous waste management program
requirements which EPA already approves under 40 CFR part 271, and does
not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255 (1999)), because it merely incorporates by reference existing
State hazardous waste management program requirements without altering
the relationship or the distribution of power and responsibilities
established by RCRA. This action also does not have Tribal implications
within the meaning of Executive Order 13175 (65 FR 67249(2000)).
This action also is not subject to Executive Order 13045 (62 FR
19885 (1997)), because it is not economically significant and it does
not make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply Distribution or
Use'' (66 FR 28344 (2001)) because it is not a significant regulatory
action under Executive Order 12866.
Under RCRA section 3006(b), EPA grants a State's application for
incorporation by reference as long as the State meets the criteria
required by RCRA. It would thus be inconsistent with applicable law for
EPA, when it reviews a State incorporation by reference application, to
require the use of any particular voluntary consensus standard in place
of another standard that otherwise satisfies the requirements of RCRA.
Thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. The
final rule does not include environmental justice issues that require
consideration under Executive Order 12898 (59 FR 7629, February 16,
1994). EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. As required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct.
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 prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 271.
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This action 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: April 21, 2003.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
[FR Doc. 03-10759 Filed 5-2-03; 8:45 am]
BILLING CODE 6560-50-P