[Federal Register: June 14, 2005 (Volume 70, Number 113)]
[Rules and Regulations]
[Page 34371-34380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn05-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7924-1]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is granting Texas final authorization of changes to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The Agency published a proposed rule on March 18,
2005, and provided for public comment. The public comment period ended
on April 18, 2005. We received no comments. No further opportunity for
comment will be provided. EPA has determined that Texas' program
revisions satisfy all the requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
final action.
DATES: This final authorization will be effective on June 14, 2005.
ADDRESSES: You can view and copy Texas's application and associated
publicly available materials from 8:30 a.m. to 4 p.m. Monday through
Friday at the following locations: Texas Commission on Environmental
Quality (TCEQ), 12100 Park 35, Circle, Austin TX 78753-3087, (512) 239-
1121 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
(214) 665-8533. Interested persons wanting to examine these documents
should make an appointment with the office at least two weeks in
advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, State /Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas Texas 75202-2733, patterson.alima@epa.gov., (214) 665-
8533.
SUPPLEMENTARY INFORMATION: On March 18, 2005, U.S. EPA published a
proposed rule (70 FR 13127) proposing to grant Texas authorization for
changes to its Resource Conservation and Recovery Act program, listed
in section D of that notice, which was subject to public comment. No
comments were received. We hereby determine that Texas' hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization.
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Texas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Texas Final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Texas has the
responsibility for permitting treatment, storage, and disposal
facilities within its borders (except in Indian Country) and for
carrying out the aspects of the RCRA program described in its revised
program application, subject to the limitations of the Hazardous and
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and
prohibitions imposed by Federal
[[Page 34372]]
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Texas, including issuing permits, until the State is
granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The decision means that a facility in the State of Texas subject to
RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. The State of Texas has enforcement responsibilities under its
State hazardous waste program for violations of such program, but the
EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports; and
Enforce RCRA requirements and suspend or revoke permits.
This action does not impose additional requirements on the
regulated community because the regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, and are not changed by today's action.
D. Proposed Rule
On March 18, 2005, (70 FR 13127), EPA published a proposed rule. In
that rule we proposed granting authorization of changes to Texas'
hazardous waste program and opened our decision to public comment. The
Agency received no comments on this proposal. EPA found Texas' RCRA
program to be satisfactory.
E. What Has the State of Texas Previously Been Authorized For?
Texas received final authorization to implement its Hazardous Waste
Management Program on December 12, 1984, effective December 26, 1984
(49 FR 48300). This authorization was clarified in a notice published
in the Federal Register on March 26, 1985 (50 FR 11858). Texas received
final authorization for revisions to its program in notices published
in the Federal Register on January 31, 1986, effective October 4, 1985
(51 FR 3952); and on December 18, 1986, effective February 17, 1987 (51
FR 45320). EPA authorized the following revisions: March 1, 1990,
effective March 15, 1990 (55 FR 7318); on May 24, 1990, effective July
23, 1990 (55 FR 21383); on August 22, 1991, effective October 21, 1991
(56 FR 41626); on October 5, 1992, effective December 4, 1992 (57 FR
45719); on April 11, 1994, effective June 27, 1994, (59 FR 16987); on
April 12, 1994, effective June 27, 1994 (59 FR 17273); On September 12,
1997, effective November 26, 1997 (62 FR 47947); and on August 18, 1999
effective October 18, 1999 (64 FR 44836) and July 13, 2000; effective
September 11, 2000 (65 FR 43246). EPA incorporated by reference the
State of Texas Base Program and additional program revisions in RCRA
Clusters III and IV into the CFR on September 14, 1999 (64 FR 49673);
effective November 15, 1999. The TCEQ partially adopted the Hazardous
Remediation Waste Management Requirements (HWIR-Media). The following
are the Federal rules: 40 CFR 260.10, 261.4(g) through 261.4(g)(2)(ii),
264.1(j)(3)(i) through 264.1(j)(3), 264.554 through 264.554(m),
265.1(b), 268.2(c), 268.50(g) and 270.42 Appendix I . The HWIR-Media
rule is an optional rule; states can partially adopt the rule if the
State has in place other mechanism to address those hazardous wastes.
The TCEQ did not adopt 40 CFR 270.11(d)(1)-(3), 270.68, 270.73(a),
270.79, 270.80(a)-(f), 270.85(a)-(c), 270.95, 270.100, 270.105, 270.110
introduction through 270.110(i), 270.115, 270.120, 270.125, 270.130(a)-
(b), 270.135 introduction through 270.135(c), 270.140 introduction
through 270.140(c), 270.145(a) introduction through 270.145(d)(3),
270.150(a)-(g), 270.155(a) introduction through 270.155(b), 270.160
introduction through 270.160(c), 270.165, 270.170, 270.175(a)
introduction through 270.175(c), 270.180(a)-(b), 270.185, 270.190(a)-
(d), 270.195, 270.200, 270.205, 270.210 introduction through
270.210(b), 270.215(a), 270.215(a)-(d), 270.220(a)-(b), 270.225, and
270.230(a) through 270.230(e)(2). Therefore, these Federal rules listed
in this document that the State did not adopt are not part of the
authorized program. However, the TCEQ has an Office of Remediation
which is responsible for the cleanup of releases of hazardous waste and
pollutants so that threats to human health and the environment are
controlled or eliminated. The TCEQ rules which address the Remedial
Action Plan requirement of the HWIR-media rule are covered in the Texas
Risk Reduction Program rules at 30 Tex. Admin. Code Ch. 350 and 30 Tex.
Admin. Code Section 350.75. The Texas Risk Reduction Rules are not part
of Texas' authorized Federal RCRA program.
F. What Changes Are We Authorizing With Today's Action?
On March 28, 2002, the State of Texas submitted a final complete
program revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. Texas' revisions consist of regulations
which specifically govern Federal Hazardous Waste promulgated from July
1, 1995, to June 30, 2000 ( RCRA Clusters VII through X). We now make a
final decision, that Texas' hazardous waste program revision satisfies
all of the requirements necessary to qualify for Final authorization.
Therefore, we propose to grant Texas Final authorization for the
following program changes:
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Description of Federal requirement Federal Register date and
(include checklist No., if page (and/or RCRA Analogous state authority
relevant) statutory authority)
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1. Criteria for Classification of 61 FR 34252 July 01, 1996.. Texas Water Code Annotated Section 5.103
Solid Waste Disposal Facilities (Vernon 2000), effective September 1, 1995,
and Practices; Identification and as amended; Texas Health & Safety Code
Listing of Hazardous Waste; Annotated Section 361.017 (Vernon 2001)
Requirements for Authorization of effective September 1, 1995, as amended;
State Hazardous Waste Programs. Texas Health & Safety Code Annotated Section
(Checklist 153). 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.
[[Page 34373]]
2. Hazardous Waste Treatment; 61 FR 59931 November 25, Texas Water Code Annotated Section 5.103
Storage and Disposal Facilities 1996; 59 FR 62896 December (Vernon 2000), effective September 1, 1995,
and Hazardous Waste Generators; 6, 1994; 60 FR 26828 May as amended; Texas Health & Safety Code
Organic Air Emission Standards for 19, 1995; 60 FR 50426 Annotated Section 361.017 (Vernon 2001),
Tanks, Surface Impoundments and September 29, 1995; 60 FR effective September 1, 1995, as amended;
Containers. (Checklists 154, 56952 November 13, 1995; Texas Health & Safety Code Annotated Section
154.1, 154.2, 154.3, 154.4, 154.5, 61 FR 4903; 61 FR 28508 361.024 (Vernon 2001), effective September 1,
and 154.6). June 5, 1996. 1995, 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; and
305.50(4)(A), effective November 18, 2001,
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.
3. Land Disposal Restrictions Phase 62 FR 1992 January 14, 1997 Texas Water Code Annotated Section 5.103
III-Emergency Extension of the (Vernon 2000), effective September 1, 1995,
K088 Capacity Variance. (Checklist as amended; Texas Health & Safety Code
155). 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; 62 FR 6622 February 12, Texas Water Code Annotated Section 5.103
Hazardous Waste Identification and 1997. (Vernon 2000), effective September 1, 1995,
Management Explosives Emergencies; as amended; Texas Health & Safety Code
Manifest Exemptions for Transport Annotated Section 361.017 (Vernon 2001)
of Hazardous Waste on Right-of- effective September 1, 1995, as amended;
Ways on Contiguous Properties. Texas Health & Safety Code Annotated Section
(Checklist 156). 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-- 62 FR 25998 May 12, 1997... Texas Water Code Annotated Section 5.103
Phase IV: Treatment Standards for (Vernon 2000), effective September 1, 1995,
Wood Preserving Wastes, Paperwork as amended; Texas Health & Safety Code
Reduction and Streamlining, Annotated Section 361.017 (Vernon 2001)
Exemptions From RCRA for Certain effective September 1, 1995, as amended;
Processed Materials; and Texas Health & Safety Code Annotated Section
Miscellaneous Hazardous Waste 361.024 (Vernon 2001), effective September 1,
Provisions. (Checklist 157). 1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Sections 335.431,
effective April 30, 2000, 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 provision equivalent to 40 CFR
268.44(a), under which EPA may assure a
variance from an applicable treatment
standard.
[[Page 34374]]
6. Hazardous Waste Management 62 FR 32452 June 13, 1997.. Texas Water Code Annotated Section 5.103
System; Testing and Monitoring (Vernon 2000), effective September 1, 1995,
Activities. (Checklist 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 62 FR 32974 June 17, 1997.. Texas Water Code Annotated Section 5.103
System; Carbamate Production, (Vernon 2000), effective September 1, 1995,
Identification and Listing of as amended; Texas Health & Safety Code
Hazardous Waste; Land Disposal Annotated Section 361.003 (Vernon 2001),
Restrictions. (Checklist 159). 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 (def of Hazardous waste) effective
January 26, 1994, as amended and Section
335.29, effective April 4, 1999.
8. Land Disposal Restrictions Phase 62 FR 37694 July 14, 1997.. Texas Water Code Annotated Section 5.103
III-Emergency Extension of the (Vernon 2000), effective September 1, 1995,
K088 National Capacity Variance. as amended; Texas Health & Safety Code
(Checklist 160). 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.
9. Second Emergency Revision of the 62 FR 45568 August 28, 1997 Texas Water Code Annotated Section 5.103
Land Disposal Restrictions (LDR) (Vernon 2000), effective September 1, 1995,
Treatment Standards for Listed as amended; Texas Health & Safety Code
Hazardous Wastes From Carbamate Annotated Section 361.017 (Vernon 2001),
Production. (Checklist 161). 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 62 FR 64636 December 8, Texas Water Code Annotated Section 5.103
for Tanks, Surface Impoundments, 1997. (Vernon 2000), effective September 1, 1995,
and Containers; Clarification and as amended; Texas Health & Safety Code
Technical Amendments. (Checklist Annotated Section 361.017 (Vernon 2001),
163). 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 63 FR 18504 April 15, 1998. Texas Water Code Annotated Section 5.103
Condensate Exclusion. (Checklist (Vernon 2000), effective September 1, 1995,
164). 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.
[[Page 34375]]
12. Recycled Used Oil Management 63 FR 24963 May 6, 1998.... Texas Water Code Annotated Section 5.103
Standards; Technical Correction (Vernon 2000), effective September 1, 1995,
and Clarification. (Checklist 166). 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 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Phase IV--Treatment Standards for (Vernon 2000), effective September 1, 1995,
Metal Wastes and Mineral as amended; Texas Health & Safety Code
Processing Wastes. (Checklist 167 Annotated Sec. 361.017 (Vernon 2001),
A). 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 hazardous waste),
effective January 26, 1994, as amended;
Section 335.1(A)(iv) (definition of solid
waste) Section 335.431(c), effective November
15, 2001.
14. Land Disposal Phase IV-- 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Hazardous Soils Treatment (Vernon 2000), effective September 1, 1995,
Standards and Exclusions. as amended; Texas Health & Safety Code
(Checklist 167 B). 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 hazardous waste),
effective January 26, 1994, as amended.
15. Land Disposal Phase IV-- 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Corrections. (Checklist 167 C). (Vernon 2000), 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 CFR 268.44(a), under which
EPA may assure a variance from an applicable
treatment standard.
16. Mineral Processing Secondary 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Material Exclusion. (Checklist (Vernon 2000), effective September 1, 1995,
167D). 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 63 FR 28556 May 26, 1998... Texas Waster Code Annotated Section 5.103
Clarification. (Checklist 167E). (Vernon 2000), 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;
335.1(definition of solid waste), effective
May 30, 2001.
[[Page 34376]]
18. Exclusion of Recycled Wood 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Preserving Wastewater. (Checklist (Vernon 2000), effective September 1, 1995,
167F). 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. Petroleum Refining Process. 63 FR 42110 August 6, 1998; Texas Water Code Annotated Section 5.103
(Checklist 169 & 169.1). 63 FR 54356 October 9, (Vernon 2000), effective September 1, 1995,
1998. 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.
20. Land Disposal Restrictions 63 FR 46332 August 31, 1998 Texas Water Code Annotated Section 5.103
Phase IV--Zinc Micronutrient (Vernon 2000), effective September 1, 1995,
Fertilizers, Administrative Stay. as amended; Texas Health & Safety Code
(Checklist 170). Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended;
Texas 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 April 30, 2000.
21. Emergency Revision of Land 63 FR 47409 September 4, Texas Water Code Annotated Section 5.103
Disposal Restrictions (LDR) 1998. (Vernon 2000), effective September 1, 1995,
Treatment Standards for Listed as amended; Texas Health & Safety Code
Hazardous Waste from Carbamate Annotated Section 361.017 (Vernon 2001),
Production. (Checklist 171). effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), 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.
22. Land Disposal Restrictions 63 FR 48124 September 9, Texas Water Code Annotated Section 5.103
Phase IV--Extension of Compliance 1998. (Vernon 2000), effective September 1, 1995,
Date for Characteristic Slags. as amended; Texas Health & Safety Code
(Checklist 172). 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.
23. Land Disposal Restrictions-- 63 FR 51254 September 24, Texas Water Code Annotated Section 5.103
Treatment Standards for Spent 1998. (Vernon 2000), effective September 1, 1995,
Potliners from Primary Aluminum as amended; Texas Health & Safety Code
Reduction (K088). (Checklist 173). 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 34377]]
24. Hazardous Remediation Waste 63 FR 65874 November 30, Texas Water Code Annotated Section 5.103
Management Requirements (HWIR- 1998. (Vernon 2000), effective September 1, 1995,
Media). (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.
25. Universal Waste Rule--Technical 63 FR 71225 December 24, Texas Water Code Annotated Section 5.103
Amendments. (Checklist 176). 1998. (Vernon 2000), 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.
26. Organic Air Emission Standards: 64 FR 3382 January 21, 1999 Texas Health & Safety Code Annotated Section
Clarification and Technical 361.024 (Vernon 2001), effective September 1,
Amendments. (Checklist 177). 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.
27. Petroleum Refining Process 64 FR 6806 February 11, Texas Water Code Annotated Section 5.103
Wastes--Leachate Exemption. 1999. (Vernon 2000), effective September 1, 1995,
(Checklist 178). 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),
effective January 26, 1994 as amended.
28. Land Disposal Restrictions 64 FR 25408 May 11, 1999... Texas Water Code Annotated Section 5.103
Phase IV--Technical Corrections (Vernon 2000), effective September 1, 1995,
and Clarifications to Treatment as amended; Texas Health & Safety Code
Standards. (Checklist 179). 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 a
hazardous waste), effective January 26, 1994,
(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.
29. Guideline for Establishing Test 64 FR 26315 June 14, 1999.. Texas Water Code Annotated Section 5.103
Procedures for the Analysis of Oil (Vernon 2000), effective September 1, 1995,
and Grease and Non-Polar Material as amended; Texas Health & Safety Code
Under the Clean Water Act and Annotated Section 361.017 (Vernon 2001),
Resource Conservation and Recovery effective September 1, 1995, as amended;
Act. (Checklist 180). 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.
[[Page 34378]]
30. Universal Waste Rule: Specific 64 FR 36466 July 6, 1999... Texas Water Code Annotated Section 5.103
Provisions for Hazardous Waste (Vernon 2000), effective September 1, 1995,
Lamps. (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.
31. NESHAPS: Final Standards for 64 FR 52827 September 30, Texas Water Code Annotated Section 5.103
Hazardous Air Pollutants for 1999; 64 FR 63209 November (Vernon 2000), effective September 1, 1995,
Hazardous Waste Combustors, 19, 1999. as amended; Texas Health & Safety Code
Miscellaneous Units, and Secondary Annotated Section 361.017 (Vernon 2001),
Lead Smelters; Clarification of effective September 1, 1995, as amended;
BIF Requirements Technical Texas Health & Safety Code Annotated Section
Correction to Fast-track Rule 361.024 (Vernon 2001), effective September 1,
(MACT Rule). (Checklists 182 & 1995, as amended; Texas Health & Safety Code
182.1). 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), effective
November 18, 2001; November 19, Section
305.50(4)(A), effective March 21, 2001;
Section 305.175, effective November 15, 2001;
Section 335.152(a)(14), effective November
18, 2001; Sections 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.
32. Land Disposal Restrictions 64 FR 56469 October 20, Texas Water Code Annotated Section 5.103
Phase IV--Technical Corrections. 1999. (Vernon 2000), effective September 1, 1995,
(Checklist 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.
33. Waste Water Treatment Sludges 65 FR 12378 March 8, 2000.. Texas Water Code Annotated Section 5.103
from Metal Finishing Industry; 180- (Vernon 2000), effective September 1, 1995,
day Accumulation time. (Checklist as amended; Texas Health & Safety Code
184). Annotated Section 3610.017 (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.
34. Organobromine Production Waste. 65 FR 14472 March 17, 2000. Texas Water Code Annotated Section 5.103
(Checklist 185). (Vernon 2000), 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.
35. Hazardous Waste Combustors 63 FR 33782 June 19, 1998.. Texas Water Code Annotated Section 5.103
Revised Standards. (Checklist 168). (Vernon 2000), 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.
----------------------------------------------------------------------------------------------------------------
[[Page 34379]]
G. What Is the Relationship Between the Resource Conservation and
Recovery Act and the Hazardous Waste Combustor MACT? How Does This
Affect Delegation of This Standard to TCEQ's Authorization?
In this authorization document, the State of Texas is also seeking
authorization for the Hazardous Waste Combustors Revised Standards
(Checklist 168). On September 30, 1999, EPA finalized the National
Emission Standards for Hazardous Air Pollutants (NESHAP) for three
categories waste combustors (HWCs): incinerators, cement kilns, and
light-weight aggregate kilns (64 FR 52828). The EPA promulgated this
rule under joint authority of the Clean Air Act (CAA) and (RCRA).
Before this rule went into effect, the air emissions from these three
types of HWCs were primarily regulated under the authority of RCRA (see
40 CFR parts 264, 265, 266, and 270). However, with the release of the
final HWC NESHAP (see 40 CFR part 63, subpart EEE), the air emissions
from these sources are now regulated under RCRA and CAA. Even though
both statutes, give EPA the authority to regulate these emissions, EPA
has determined that having emissions standards and permitting
requirements in both sets of implementing regulations would be
duplicative. For this reason, using the authority provided by section
1006(b) of RCRA, EPA deferred the RCRA requirements for HWC emission
controls to the CAA requirements of 40 CFR part 63, subpart EEE.
Therefore, with today's authorization of the State of Texas for the
RCRA provisions of the September 30, 1999, HWC NESHAP rule, the RCRA
waste management standards for air emissions from these units will no
longer apply after the facility has demonstrated compliance with 40 CFR
part 63, subpart EEE. One notable exception concerns section 3005(c)(3)
of RCRA, which requires that each RCRA permit contain terms and
conditions necessary to protect human health and the environment. Under
this provision of RCRA, if a regulatory authority determines that more
stringent conditions than the HWC NESHAP are necessary to protect human
health and the environment for a particular facility, then the
regulatory authority may impose those conditions in the facility's RCRA
permit. (See the HWC MACT rule preamble discussion on the
interrelationship of the MACT rule with the RCRA Omnibus provision and
site specific risk assessment at 64 FR 52828, pages 52839-52843,
September 30, 1999, and the RCRA Site-Specific Risk Assessment Policy
for Hazardous Waste Combustion Facilities, dated June, 2000, for more
information.
H. Where Are the Revised State Rules Different From the Federal Rules?
The EPA considers the following State requirements to be more
stringent than the Federal rules: The State law is more stringent than
the Federal rule because the State does not have provisions equivalent
to 40 CFR 268.44(a)(10) regarding tolling agreements. The State law has
no provision equivalent to 40 CFR 268.44(a), under which EPA may
approve a variance from an applicable treatment standard. In this
authorization, there are no broader in scope provisions. Broader-in-
scope requirements are not part of the authorized program and EPA
cannot enforce them.
I. Who Handles Permits After the Authorization Takes Effect?
The State of Texas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. Upon authorization of the State program, EPA will
suspend issuance of Federal permits for hazardous waste treatment,
storage, and disposal facilities for which the State is receiving
authorization. EPA will not issue any more new permits or new portions
of permits for the provisions listed in the Table above after the
effective date of this authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which State of
Texas is not yet authorized.
J. How Does Today's Action Affect Indian Country in Texas?
Texas is not authorized to carry out its Hazardous Waste Program in
Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect in Indian Country.
K. What Is Codification and Is EPA Codifying Texas' Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart SS for this authorization of Texas' program
changes until a later date.
M. Administrative Requirements
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
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law 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 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). 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, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization 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 authorization 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
[[Page 34380]]
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 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. 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.
This proposed 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.).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
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: May 25, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-11663 Filed 6-13-05; 8:45 am]
BILLING CODE 6560-50-P