[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Proposed Rules]
[Page 13127-13139]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7886-2]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
[[Page 13128]]
ACTION: Proposed rule.
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SUMMARY: The State of Texas has applied for final authorization of
certain revisions, identified in Section F in the Supplementary
Information, to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
revisions satisfy all the requirements needed to qualify for final
authorization, and is proposing to authorize the State's revisions
through this action.
DATES: This proposed revision is available for public comment for April
18, 2005.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: Comments may be sent by electronic mail to
patterson.alima@epa.gov.
3. Mail: Send comments to: 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.
4. Hand Delivery or Courier. Deliver your comments to 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.
Instructions: Please refer to Docket Number TX-01-05. Do not submit
information that you consider to be confidential business information
(CBI) or otherwise protected through e-mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
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, Bruce Jones, Senior Assistant Regional Counsel, Office of
Regional Counsel (214) 665-3184 and Darrin Swartz-Larson, RCRA
Combustion Team Contact, (214) 665-7115 or submit your questions
electronically to jones.bruced@epa.gov and swartz-larson.darrin@epa.gov
for more information on the proposed rule to delegate MACT authority to
Texas.
SUPPLEMENTARY INFORMATION:
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.
This is not the first time EPA has taken action on these revisions
to Texas' program. On April 15, 2003, EPA published an immediate final
rule which covered the same revisions as this Proposal. On June 16,
2003, the revisions of that immediate final rule became effective. EPA
discovered that adverse comments were properly filed challenging
approval of the immediate final revisions for Texas. Since EPA had not
responded to the comments or properly investigated them prior to
finalization of the immediate final rule, EPA was required to withdraw
final approval of the immediate final revisions. On July 22, 2003, EPA
formally removed the immediate final rule published on April 15, 2003.
Significant time has elapsed since EPA removal of the rule, therefore,
the Agency is once again publishing these revisions to the Texas
program. However, this action is a proposal to take comment on
authorizing Texas for the revisions that were removed on July 22, 2003.
This will allow the original commenter to resubmit his comments or
submit new comments as well as allow other members of the public an
opportunity to comment.
In addition, EPA expects to receive adverse comments on these
revisions, therefore, publishing as a proposed rule rather than as an
immediate final rule conforms with EPA guidance. After the close of the
public comment period for today's proposal, EPA will timely publish a
document in the Federal Register which responds to any comments
received and either (a) finalize the proposed decision based on
comments, (b) modify the decision and finalize this action, or (c)
based on comments, EPA may decide not to finalize this proposal.
The original specific comments raised concerns about public
participation in Texas' enforcement program, limits on Federal
agencies' ability to comment on certain State actions, whether Texas'
regulation of hazardous waste combustors was protective, and whether
risk assessments are necessary to ensure protectiveness. EPA
specifically requests that any additional comments or information that
the public may have on these or other similar related issues be
submitted for our consideration on this proposal. In addition, the
commenter raised some issues about the interplay between the RCRA rules
on emissions from hazardous waste combustors and the Clean Air Act
(CAA) rules covering the same emissions. EPA directs the public to the
discussion about the interplay between the two rules in Section F of
this document. In addition and in a completely separate rulemaking, EPA
is also currently proposing to delegate to Texas the authority
implementing the CAA rules covering hazardous waste combustors known as
the Maximum Achievable Control Technology (MACT) rules. Any specific
comments or concerns regarding the delegation to Texas of the MACT
rules for combustors in the State of Texas should be
[[Page 13129]]
submitted during the public comment period for that proposal.
B. What Decisions Have We Made in This Rule?
EPA concludes that Texas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, EPA is proposing to authorize the
State's revisions to the Texas hazardous waste program as described in
this document. Texas has the responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs) 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
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 effect of this decision is 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, 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. What Happens if EPA Receives Comments That Oppose This Action?
EPA believes that, because of the adverse comments received on the
original notice in 2003, there will be comments on this proposal as
well. If EPA receives comments which oppose this authorization, it will
respond to those comments and take the appropriate final action on the
proposal in light of the comments received.
E. For What Has the State of Texas Previously Been Authorized?
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. On March 28, 2002, Texas submitted a final
complete program revision application, seeking authorization of its
program revision in accordance with 40 CFR 271.21.
In 1991, Texas Senate Bill 2 created the Texas Natural Resource
Conservation Commission (TNRCC), which combined the functions of the
former Texas Water Commission and the former Texas Air Control Board.
The transfer of functions to the TNRCC from the two agencies became
effective on September 1, 1993. House Bill 2912, Article 18, of the
77th Texas Legislature, 2001, changed the name of the TNRCC to the
Texas Commission on Environmental Quality (TCEQ) and directed the TNRCC
to adopt a timetable for phasing in the change of the agency's name.
The TNRCC decided to make the change of the agency's name to TCEQ
effective September 1, 2002. The change of name became effective
September 1, 2002, and the legislative history of the name change is
documented in the Attorney General Statement. The TCEQ may perform any
act for which it was authorized as either TNRCC or TWC. Therefore,
references to TCEQ are references to TWC and to its successor, TNRCC.
For further legislative history on the name-change (See, Act of June
15, 2001, 77th Leg. R. S., Ch 965, Section 18.01, 2001 Tex. Gen. Laws
1985).
The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste, under the Texas Solid Waste
Disposal Act (codified in Chapter 361 of the Texas Health & Safety
Code). The TCEQ is authorized to administer the RCRA program. However,
the Railroad Commission (RRC) has jurisdiction over the discharge,
storage, handling, transportation, reclamation, or disposal of waste
materials (both hazardous and non hazardous) that result from the
activities associated with the exploration, development, or production
of oil or gas or geothermal resources and other activities regulated by
the RRC. See Tex. Water Code Ann. Section 26.131 and Ch. 27 (Vernon
2000). A list of activities that generate wastes that are subject to
the jurisdiction of the RRC is found at 16 Tex. Admin. Code Section
3.8(a)(30) and at 30 Tex. Admin. Code Sec. 335.1. Such wastes are
termed ``oil and gas wastes.'' The TCEQ has responsibility to
administer the RCRA program; however, hazardous wastes generated at
natural gas or natural gas liquids processing plants or reservoir
pressure maintenance or repressurizing plants are subject to the
jurisdiction of the TCEQ until the RRC is authorized by EPA to
administer those wastes under RCRA. When the RRC is authorized by EPA
to administer the RCRA program for these wastes, jurisdiction over such
hazardous wastes will transfer from the TCEQ to the RRC. The EPA has
designated the TCEQ as the lead agency to coordinate RCRA activities
between the two agencies. The EPA is responsible for the regulation of
any hazardous waste for which TCEQ has not been previously authorized.
Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998. The MOU
clarified the jurisdictional boundaries between the agencies for the
management and regulation of waste associated with exploration,
development, production and refining of oil and gas. The MOU has been
adopted by rule, which is an adoption by reference of the RRC's rule,
and describes the division of responsibilities as well as the
procedures for coordination between the two agencies.
[[Page 13130]]
See TCEQ's rule 30 Tex. Admin. Code Section 7.117 and RRC's rule at 16
Tex. Admin. Code Section 3.30.
The TCEQ has the rules necessary to implement RCRA Clusters VII
through X revisions to the Federal Hazardous Waste Program promulgated
from July 1, 1995, to June 30, 2000. The TCEQ authority to incorporate
Federal rules by reference can be found at Texas Government Code
Annotated Section 311.027 (Vernon 1998), and adoption of the hazardous
waste rules in general are pursuant to the following statutory
provisions: (1) Tex. Water Code Ann. Section 5.103 (Vernon 2000),
effective September 1995, as amended (TCEQ's authority to adopt any
rules necessary to carry out its powers and duties); (2) Tex. Health &
Safety Code Ann. Section 361.024 (Vernon 2001), effective September 1,
1995, as amended (authority to adopt rules necessary to ``establish
minimum standards of operation for the management and control of solid
waste''); and (3) Tex. Health & Safety Code Ann.Section 361.078 (Vernon
2001), effective September 1, 1989 (specifically recognizing TCEQ's
authority to adopt hazardous waste rules and to issue and enforce
permits to the extent necessary to receive and maintain RCRA
authorization). 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 it has
in place another 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, the 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 CAR 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). Texas'
requirements are included in a chart with this document. The EPA is now
proposing certain revisions to the Texas Hazardous Waste Program. The
proposed revisions are:
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Description of Federal requirement Federal Register date and
(include checklist , if page (and/or RCRA statutory Analogous State authority
relevant) authority)
----------------------------------------------------------------------------------------------------------------
1. Criteria for Classification of Solid 61 FR 34252 July 01, 1996.... Texas Water Code Annotated Section
Waste Disposal Facilities and 5.103 (Vernon 2000), effective
Practices; Identification and Listing September 1, 1995, as amended; Texas
of Hazardous Waste; Requirements for Health & Safety Code Annotated Section
Authorization of State Hazardous Waste 361.017 (Vernon 2001), effective
Programs. (Checklist 153). 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.
[[Page 13131]]
2. Hazardous Waste Treatment; Storage 61 FR 59931 November 25, Texas Water Code Annotated Section
and Disposal Facilities and Hazardous 1996; 59 FR 62896 December 5.103 (Vernon 2000), effective
Waste Generators; Organic Air Emission 6, 1994; 60 FR 26828 May 19, September 1, 1995, as amended; Texas
Standards for Tanks, Surface 1995; 60 FR 50426 September Health & Safety Code Annotated Section
Impoundments and Containers. 29, 1995; 60 FR 56952 361.017 (Vernon 2001), effective
(Checklists 154, 154.1, 154.2, 154.3, November 13, 1995; 61 FR September 1, 1995, as amended; Texas
154.4, 154.5, and 154.6). 4903; 61 FR 28508 June 5, Health & Safety Code Annotated Section
1996. 361.024 (Vernon 2001), effective
September 1, 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 III- 62 FR 1992 January 14,1997... Texas Water Code Annotated Section
Emergency Extension of the K088 5.103 (Vernon 2000), effective
Capacity Variance. (Checklist 155). 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
335.341(c), effective April 30, 2000.
4. Military Munitions Rule; Hazardous 62 FR 6622 February 12, 1997. Texas Water Code Annotated Section
Waste Identification and Management 5.103 (Vernon 2000), effective
Explosives Emergencies; Manifest September 1, 1995, as amended; Texas
Exemptions for Transport of Hazardous Health & Safety Code Annotated Section
Waste on Right-of-Ways on Contiguous 361.017 (Vernon 2001), effective
Properties. (Checklist 156). 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 Section
361.078 (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 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.
[[Page 13132]]
5. Land Disposal Restrictions--Phase IV: 62 FR 25998 May 12, 1997..... Texas Water Code Annotated Section
Treatment Standards for Wood Preserving 5.103 (Vernon 2000), effective
Wastes, Paperwork Reduction and September 1, 1995, as amended; Texas
Streamlining, Exemptions From RCRA for Health & Safety Code Annotated Section
Certain Processed Materials; and 361.017 (Vernon 2001), effective
Miscellaneous Hazardous Waste September 1, 1995, as amended; Texas
Provisions. (Checklist 157). 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 April 30, 2000, as
amended; 30 Texas Administrative Code
Section 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.
6. Hazardous Waste Management System; 62 FR 32452 June 13, 1997.... Texas Water Code Annotated Section
Testing and Monitoring Activities. 5.103 (Vernon 2000), effective
(Checklist 158). 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
335.31, 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; 62 FR 32974 June 17, 1997.... Texas Water Code Annotated Section
Carbamate Production, Identification 5.103 (Vernon 2000), effective
and Listing of Hazardous Waste; Land September 1, 1995, as amended; Texas
Disposal Restrictions. (Checklist 159). 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, 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 III-- 62 FR 37694 July 14, 1997.... Texas Water Code Annotated Section
Emergency Extension of the K088 5.103 (Vernon 2000), effective
National Capacity Variance. (Checklist September 1, 1995, as amended; Texas
160). 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 13133]]
9. Second Emergency Revision of the Land 62 FR 45568 August 28, 1997.. Texas Water Code Annotated Section
Disposal Restrictions (LDR) Treatment 5.103 (Vernon 2000), effective
Standards for Listed Hazardous Wastes September 1, 1995, as amended; Texas
From Carbamate Production. (Checklist Health & Safety Code Annotated Section
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 62 FR 64636 December 8, 1997. Texas Water Code Annotated Section
Tanks, Surface Impoundments, and 5.103 (Vernon 2000), effective
Containers; Clarification and Technical September 1, 1995, as amended; Texas
Amendments. (Checklist 163). 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
335.152(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 Condensate 63 FR 18504 April 15, 1998... Texas Water Code Annotated Section
Exclusion. (Checklist 164). 5.103 (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 solid waste)
(A)(iv), effective November 15, 2001.
12. Recycled Used Oil Management 63 FR 24963 May 6, 1998...... Texas Water Code Annotated Section
Standards; Technical Correction and 5.103 (Vernon 2000), effective
Clarification. (Checklist 166). 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; Texas
Health & Safety Code Annotated Chapter
371, effective September 1, 1991, as
amended; 30 Texas Administrative Code
Section 355.78(j), effective October
19, 1998; Section 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 IV- 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Treatment Standards for Metal Wastes 5.103 (Vernon 2000), effective
and Mineral Processing Wastes. September 1, 1995, as amended; Texas
(Checklist 167 A). 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 (A)(iv)
(definition of solid waste), effective
May 30, 2001, as amended; Section
335.431(c), effective November 15,
2001.
[[Page 13134]]
14. Land Disposal Phase IV--Hazardous 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Soils Treatment Standards and 5.103 (Vernon 2000), effective
Exclusions. (Checklist 167 B). 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
335.69(f)(4)(C), effective March 18,
2001; Section 335.431(c), effective
November 15, 2001. State law has no
provision equivalent to 40 CFR
268.44(a), under which EPA may assure
a variance from an applicable
treatment standard.
15. Land Disposal Restrictions Phase IV-- 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Corrections. (Checklist 167 C). 5.103 (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
Material Exclusion. (Checklist 167 D). 5.103 (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, 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 Water Code Annotated Section
Clarification. (Checklist 167 E). 5.103 (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 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 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Preserving Wastewater. (Checklist 167 5.103 (Vernon 2000), effective
F). 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)
(A)(iv), effective May 30, 2001 as
amended; 335.1 (definition of a
hazardous waste, effective January 26,
1994, as amended.
[[Page 13135]]
19. Hazardous Waste Combustors Revised 63 FR 33782 June 19, 1998.... Texas Water Code Annotated Section
Standards. (Checklist 168). 5.103 (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.
20. Petroleum Refining Process 63 FR 42110 August 6, 1998; Texas Water Code Annotated Section
(Checklist 169 &169.1). 63 FR 54356 October 9, 1998. 5.103 (Vernon 2000), effective
September 1, 1995, 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
Section 335.1 (definition of hazardous
waste) effective January 26, 1994, as
amended, 335.1(129)(A)(iv) (def. of a
solid waste), effective May 30, 2001,
as amended; 335.431, effective April
30, 2000, as amended.
21. Land Disposal Restrictions Phase IV-- 63 FR 46332 August 31, 1998.. Texas Water Code Annotated Section
Zinc Micronutrient Fertilizers, 5.103 (Vernon 2000), effective
Administrative Stay. (Checklist 170). 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, effective November 15, 2001.
22. Emergency Revision of Land Disposal 63 FR 47409 September 4, 1998 Texas Water Code Annotated Section
Restrictions (LDR) Treatment Standards 5.103 (Vernon 2000), effective
for Listed Hazardous Waste from September 1, 1995, as amended; Texas
Carbamate Production. (Checklist 171). 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.
23. Land Disposal Restrictions Phase IV-- 63 FR 48124 September 9, 1998 Texas Water Code Annotated Section
Extension of Compliance Date for 5.103 (Vernon 2000), effective
Characteristic Slags. (Checklist 172). 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, effective November 15, 2001,
as amended.
[[Page 13136]]
24. Land Disposal Restrictions-- 63 FR 51254 September 24, Texas Water Code Annotated Section
Treatment Standards for Spent Potliners 1998. 5.103 (Vernon 2000), effective
from Primary Aluminum Reduction (K088). September 1, 1995, as amended; Texas
(Checklist 173). 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.
25. Hazardous Remediation Waste 63 FR 65874 November 30, 1998 Texas Water Code Annotated Section
Management Requirements (HWIR-Media). 5.103 (Vernon 2000), effective
(Checklist 175). September 1, 1995, 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 63 FR 71225 December 24, 1998 Texas Water Code Annotated Section
Amendments. (Checklist 176). 5.103 (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.
27. Organic Air Emission Standards: 64 FR 3382 January 21, 1999.. Texas Health & Safety Code Annotated
Clarification and Technical Amendments. Section 361.024 (Vernon 2001),
(Checklist 177). 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 335.69(a)(1)(A)-(B) effective
March 18, 2001; 335.152(a)(17), (19),
and (21), effective November 18, 2001.
28. Petroleum Refining Process Wastes-- 64 FR 6806 February 11, 1999. Texas Water Code Annotated Section
Leachate Exemption. (Checklist 178). 5.103 (Vernon 2000), 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),
effective January 26, 1994 as amended.
[[Page 13137]]
29. Land Disposal Restrictions Phase IV-- 64 FR 25408 May 11, 1999..... Texas Water Code Annotated Section
Technical Corrections and 5.103 (Vernon 2000), effective
Clarifications to Treatment Standards. September 1, 1995, as amended; Texas
(Checklist 179). 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; 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.
30. Guideline for Establishing Test 64 FR 26315 June 14, 1999.... Texas Water Code Annotated Section
Procedures for the Analysis of Oil and 5.103 (Vernon 2000), effective
Grease and Non-Polar Material Under the September 1, 1995, as amended; Texas
Clean Water Act and Resource Health & Safety Code Annotated Section
Conservation and Recovery Act. 361.017 (Vernon 2001), effective
(Checklist 180). 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 64 FR 36466 July 6, 1999..... Texas Water Code Annotated Section
Provisions for Hazardous Waste Lamps. 5.103 (Vernon 2000), effective
(Checklist 181). 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 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 64 FR 52827 September Texas Water Code Annotated Section
Hazardous Air Pollutants for Hazardous 30,1999; 64 FR 63209 5.103 (Vernon 2000), effective
Waste Combustors, Miscellaneous Units, November 19, 1999. September 1, 1995, as amended; Texas
and Secondary Lead Smelters; Health & Safety Code Annotated Section
Clarification of BIF Requirements 361.017 (Vernon 2001), effective
Technical Correction to Fast-track Rule September 1, 1995, as amended; Texas
(MACT Rule). (Checklists 182 & 182.1). 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 (129)(A)(iv) (def. of solid
waste), effective November 15, 2001,
335.12001(a)(13), 335.112(a)(14),
effective November 18, 2001; Section
305.50(4)(A), effective March 21,
2000; 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.
[[Page 13138]]
33. Land Disposal Restrictions Phase IV-- 64 FR 56469 October 20, 1999. Texas Water Code Annotated Section
Technical Corrections. (Checklist 183). 5.103 (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.
34. Waste Water Treatment Sludges from 65 FR 12378 March 8, 2000.... Texas Water Code Annotated Section
Metal Finishing Industry; 180-day 5.103 (Vernon 2000), effective
Accumulation time. (Checklist 184). 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
335.69(j)-(l) effective March 18,
2001.
35. Organobromine Production Waste. 65 FR 14472 March 17, 2000... Texas Water Code Annotated Section
(Checklist 185). 5.103 (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.
----------------------------------------------------------------------------------------------------------------
G. What Is the Relationship Between the Resource Conservation and
Recovery Act and the Hazardous Waste Combustor MACT?
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 of hazardous 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 the RCRA Omnibus
provision in section 3005(c)(3) of RCRA, which requires each RCRA
permit to 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 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. Also, the State law has no provision
equivalent to 40 CFR 268.44(a), under which EPA may approve a variance
from an applicable
[[Page 13139]]
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 and administer permits for all the
provisions for which it is authorized. 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. When Will This Approval Take Effect?
EPA, after the close of the public comment period, will review and
respond to comments it receives and then will subsequently publish a
final action that responds to the comments and may either finalize the
proposal without change, modify the proposal based on comments, or
announce a decision not to finalize the proposal.
K. 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.
L. 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. EPA is not codifying the State of Texas'
statutes or regulations in this program revision.
M. 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
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 section 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
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 material transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This proposed rule 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: March 10, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-5410 Filed 3-17-05; 8:45 am]
BILLING CODE 6560-50-P