[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Rules and Regulations]
[Page 64252-64260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc08-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R06-RCRA-2008-0144; FRL-8727-3]
Texas: Final Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: During a review of Texas' regulations, the EPA identified a
variety of State-initiated changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). We have determined
that these changes are minor and satisfy all requirements needed to
qualify for Final authorization and are authorizing the State-initiated
changes through this Immediate Final action. In addition, today's
document corrects technical errors made in the August 18, 1999 and June
14, 2005 Federal Register authorization documents for Texas.
The Solid Waste Disposal Act, as amended, commonly referred to as
the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of Texas' hazardous waste management
program and incorporates by reference authorized provisions of the
State's statutes and regulations.
DATES: This regulation is effective December 29, 2008, unless the EPA
receives adverse written comment on the codification of the Texas
authorized RCRA program by the close of business November 28, 2008. If
the EPA receives such comments, it will publish a timely withdrawal of
this immediate final rule in the Federal Register informing the public
that this rule will not take effect. The incorporation by reference of
authorized provisions in the Texas statutes and regulations contained
in this rule is approved by the Director of the Federal Register as of
December 29, 2008 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
RCRA-2008-0144 by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the online instructions for submitting comments.
2. E-mail: patterson.alima@epa.gov or Banks.Julia@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, or Julia Banks, Codification 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, or Julia
Banks, Codification Coordinator, State/Tribal Oversight Section (6PD-
O), Multimedia Planning and Permitting Division, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through http://www.regulations.gov, or e-mail.
The Federal http://www.regulations.gov Web site is an ``anonymous
access'' system, which means the 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 the EPA without going through
http://www.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, the 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 the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
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 the documents
that form the basis for this authorization and codification and
associated publicly available materials from 8:30 a.m. to 4 p.m. Monday
through Friday at the following location: EPA, Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, phone number (214) 665-6444.
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, or Julia Banks, Codification Coordinator,
State/Tribal Oversight Section (6PD-O), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, Phone number: (214) 665-8533, and e-mail address
patterson.alima@epa.gov or Banks.Julia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated Changes
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 hazardous waste program. As the Federal
program changes, the States must change their programs and ask the EPA
to authorize the changes. Changes to State hazardous waste 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 268,
270, 273 and 279. States can also initiate their own changes to their
hazardous waste program and these changes must then be authorized.
B. What Decisions Have We Made in This Rule?
We conclude that Texas' revisions to its authorized program meet
all of the
[[Page 64253]]
statutory and regulatory requirements established by RCRA. We found
that the State-initiated changes make Texas' rules more clear or
conform more closely to the Federal equivalents and are so minor in
nature that a formal application is unnecessary. Therefore, we grant
Texas final authorization to operate its hazardous waste program with
the changes described in the table at Section G below. Texas has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out all authorized aspects of the RCRA program, 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, the 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 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. 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;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the statutes and regulations for which
Texas is being authorized by today's action are already effective and
are not changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the Proposed Rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What Happens If EPA Receives Comments That Oppose This Action?
If the EPA receives comments that oppose this authorization or the
incorporation-by-reference of the State program, we will withdraw this
rule by publishing a timely document in the Federal Register before the
rule becomes effective. The EPA will base any further decision on the
authorization of the State program changes, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will
then address all public comments in a later final rule. If you want to
comment on this authorization and incorporation-by-reference, you must
do so at this time. If we receive comments that oppose only the
authorization of a particular change to the State hazardous waste
program or the incorporation-by-reference of the State program, we may
withdraw only that part of this rule, but the authorization of the
program changes or the incorporation-by-reference of the State program
that the comments do not oppose will become effective on the date
specified above. The Federal Register withdrawal document will specify
which part of the authorization or incorporation-by-reference of the
State program will become effective and which part is being withdrawn.
F. For What Has Texas Previously Been Authorized?
The State of Texas initially received final authorization on
December 26, 1984 (49 FR 48300), to implement its Base Hazardous Waste
Management Program. This authorization was clarified in a notice
published March 26, 1985 (50 FR 11858). Texas received authorization
for revisions to its program, effective October 4, 1985 (51 FR 3952),
February 17, 1987 (51 FR 45320), March 15, 1990 (55 FR 7318), July 23,
1990 (55 FR 21383), October 21, 1991 (56 FR 41626), December 4, 1992
(57 FR 45719), June 27, 1994 (59 FR 16987), June 27, 1994 (59 FR
17273), November 26, 1997 (62 FR 47947), December 3, 1997 (62 FR
49163), October 18, 1999 (64 FR 44836), November 15, 1999 (64 FR
49673), September 11, 2000 (65 FR 43246), and June 14, 2005 (70 FR
34371).
G. What Changes Are We Authorizing With Today's Action?
The State has made amendments to the provisions listed in the
document which follows. These amendments clarify the State's
regulations and make the State's regulations more internally
consistent. The State's laws and regulations, as amended by these
provisions, provide authority which remains equivalent to and no less
stringent than the Federal laws and regulations. These State-initiated
changes satisfy the requirements of 40 CFR 271.21(a). We are granting
Texas final authorization to carry out the following provisions of the
State's program in lieu of the Federal program. These provisions are
analogous to the indicated RCRA statutory provisions or RCRA
regulations found at 40 CFR as of July 1, 2000. The Texas provisions
are from the Texas Administrative Code (TAC), Title 30, effective
December 31, 2001.
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State requirement Analogous Federal requirement
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30 TAC 335.1(7) ``Ancillary equipment'' 40 CFR 260.10 ``Ancillary
equipment''.
30 TAC 335.1(29) ``Corrective action 40 CFR 260.10 ``Corrective
management unit'' or ``CAMU''. action management unit'' or
``CAMU''.
30 TAC 335.1(37) ``Disposal''.......... 40 CFR 260.10 ``Disposal''.
30 TAC 335.1(52) ``Facility''.......... 40 CFR 260.10 ``Facility''.
30 TAC 335.1(53) ``Final closure''..... 40 CFR 260.10 ``Final
closure''.
30 TAC 335.1(86) ``Manifest''.......... 40 CFR 260.10 ``Manifest''.
30 TAC 335.24(j)....................... 40 CFR 261.6(a)(4).
30 TAC 335.24(k)....................... 40 CFR 261.6(c)(1) related.
30 TAC 335.29(6)....................... 40 CFR 261, Appendix IX.
30 TAC 335.78(j)....................... 40 CFR 261.5(j).
30 TAC 335.504(1)...................... 40 CFR 261.4(b)(13)-(15).
30 TAC 335.69(a)(1)(D) intro........... 40 CFR 262.34(a)(1)(iv) intro.
30 TAC 335.69(b)....................... 40 CFR 262.34(b).
30 TAC 335.69(d)....................... 40 CFR 262.34(c)(1).
[[Page 64254]]
30 TAC 335.69(f), except (f)(2) & 40 CFR 262.34(d), except (d)(2)
(f)(4). & (d)(4).
30 TAC 335.69(f)(4), except (f)(4)(C).. 40 CFR 262.34(d)(2).
30 TAC 335.504(1)...................... 40 CFR 262.11(a).
30 TAC 335.11(a)(4).................... 40 CFR 263.20(a) (partial
analog).
30 TAC 335.41(e)....................... 40 CFR 264.1(g)(1).
30 TAC 335.152(c)(4), except (4)(B), 40 CFR 264 related; no direct
(C), & (F). Federal analog.
30 TAC 335.152(c)(4)(B), (C), & (F).... 40 CFR 264 related, no direct
Federal analog.
30 TAC 335.205(a) intro.--(2).......... 40 CFR 264.18 related; no
direct Federal analog.
30 TAC 335.41(e)....................... 40 CFR 265.1(c)(5).
30 TAC 335.112(b)(3)................... 40 CFR 265 related; no direct
Federal analog.
30 TAC 335.112(b)(4) intro through 40 CFR 265 related; no direct
(b)(4)(D). Federal analog.
30 TAC 335.112(b)(4)(E) through (H).... 40 CFR 265 related; no direct
Federal analog.
30 TAC 335.112(b)(4)(K) & (L).......... 40 CFR 265 related; no direct
Federal analog.
30 TAC 335.112(b)(5)................... 40 CFR 265 related; no direct
analog.
30 TAC 335.112(b)(6)................... 40 CFR 265 related; no direct
analog.
30 TAC 335.112(b)(8)-(10).............. 40 CFR 265 related; no direct
analog.
30 TAC 335.124(e)...................... 40 CFR 265.112 and 265.113
related.
30 TAC 335.221(a)(1)(A)................ 40 CFR 266.100 related.
30 TAC 335.225(b)...................... 40 CFR 266.111 related; no
direct Federal analog.
30 TAC 305.62(a)....................... 40 CFR 124.5(a).
30 TAC 305.62(b)....................... 40 CFR 270.42 related; no
direct Federal analog.
30 TAC 305.62(d) except (d)(3), (d)(5) 40 CFR 270.41(a) except
& (d)(6). 270.41(a) (3) & (a)(5).
30 TAC 305.125(1) & (3)................ 40 CFR 270.30(a) & (c).
30 TAC 305.50(4)(G).................... 40 CFR 270.10(e)(4).
30 TAC 324.2 intro..................... 40 CFR 279.1 related.
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H. Who Handles Permits After The Authorization Takes Effect?
This authorization does not affect the status of State permits and
those permits issued by the EPA because no new substantive requirements
are a part of these revisions.
I. How does Today's Action Affect Indian Country (18 U.S.C. 1151) 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.
II. Technical Corrections
A. Corrections to the August 18, 1999 (64 FR 44836) Authorization
Document
1. There are date errors in the table of program revisions
published in the above referenced authorization notice, specific to the
following entries:
(a) Throughout the table, the effective date for TWCA ( 5.103, and
THSCA Sec. Sec. 361.017 and 361.024 should be ``September 1, 1995''.
(b) For Checklist 135 (Item 1), the effective date for TWCA ( 5.102
should be ``Vernon 1988 and 1998 Supplement, effective September 1,
1985''.
(c) For Checklist 137 (Item 3), the effective date for THSCA Sec.
361.003 should be ``September 1, 1997''.
(d) For Checklist 140, the reference to ``September 18, 1998''
following the provision 30 TAC ( 335.29, is incorrect and should be
``October 19, 1998''. This correction applies to 30 TAC Sec. Sec.
335.29(4) and (5).
2. In item 12 on page 44838 of the authorization document,
``Checklist 114'' should be corrected to read ``Checklist 144''.
B. Corrections to the June 14, 2005 (70 FR 34371) Authorization
Document
1. For Checklist 159, the authorization document should include a
reference to ``335.431(c)'' effective November 15, 2001.
2. For Checklist 166, the effective date for 335.24(c)(4)(A)-(C)
should be ``April 4, 1999'' not ``April 14, 1999''.
3. For checklist 168, the reference to ``305.51(a)(8)'' is
incorrect and should be ``305.51(c)(8)''.
4. For checklist 169 the following corrections should be made:
a. The authorization document entry should include a reference to
``335.24(c)(4)(C)''effective November 15, 2001;
b. The authorization document entry should include a reference to
``335.29(4)'' effective November 15, 2001; and,
c. The authorization document entry should include a reference to
``335.221(b)(2)'' effective November 15, 2001.
5. For checklist 175 the following corrections should be made:
a. The authorization document entry should include a reference to
``305.69(k) D.3.g and M.3'' effective November 15, 2001; and,
b. The authorization document entry should include a reference to
``335.1 (definition of miscellaneous unit)'' effective November 15,
2001.
6. For checklist 181, the authorization document entry should
include a reference to ``335.1 (definition of lamp)''effective November
15, 2001.
III. Incorporation-By-Reference
A. What is Codification?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.
B. What Is the History of the Codification of Texas' Hazardous Waste
Management Program?
The EPA incorporated by reference Texas' then authorized hazardous
waste program effective December 3, 1997 (62
[[Page 64255]]
FR 49163) and November 15, 1999 (64 FR 49673). In this action, EPA is
revising subpart SS of 40 CFR part 272 to include the recent
authorization revision actions effective October 18, 1999 (64 FR
44836), September 11, 2000 (65 FR 43246), and June 14, 2005 (70 FR
34371).
C. What Codification Decisions Have We Made in This Rule?
The purpose of today's Federal Register document is to codify
Texas' base hazardous waste management program and its revisions to
that program. The EPA provided notices and opportunity for comments on
the Agency's decisions to authorize the Texas program, and the EPA is
not now reopening the decisions, nor requesting comments, on the Texas
authorizations as published in the Federal Register notices specified
in section F of this document.
This document incorporates by reference Texas' hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and federally enforceable program. By
codifying Texas' authorized program and by amending the Code of Federal
Regulations, the public will be more easily able to discern the status
of federally approved requirements of the Texas hazardous waste
management program.
The EPA is incorporating by reference the Texas authorized
hazardous waste program in subpart SS of 40 CFR part 272. Section
272.2201 incorporates by reference Texas' authorized hazardous waste
statutes and regulations. Section 272.2201 also references the
statutory provisions (including procedural and enforcement provisions)
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements and the Program Description, which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.
D. What Is the Effect of Texas' Codification on Enforcement?
The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013, and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved Texas
procedural and enforcement authorities. Section 272.2201(c)(2) of 40
CFR lists the statutory and regulatory provisions which provide the
legal basis for the State's implementation of the hazardous waste
management program, as well as those procedural and enforcement
authorities that are part of the State's approved program, but these
are not incorporated by reference.
E. What State Provisions Are Not Part of the Codification?
The public needs to be aware that some provisions of Texas
(hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which Texas is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference;
(3) Unauthorized amendments to authorized State provisions; and
(4) New unauthorized State requirements.
State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and EPA will not
enforce them. Therefore, they are not incorporated by reference in 40
CFR part 272. For reference and clarity, 40 CFR 272.2201(c)(3) lists
the Texas regulatory provisions which are ``broader in scope'' than the
Federal program and which are not part of the authorized program being
incorporated by reference. ``Broader in scope'' provisions cannot be
enforced by EPA; the State, however, may enforce such provisions under
State law.
Texas has adopted but is not authorized for the following Federal
rules published in the Federal Register on April 12, 1996 (61 FR
16290); December 5, 1997 (62 FR 64504); November 8, 2000 (65 FR 67068);
and December 26, 2000 (65 FR 81373). Therefore, these Federal
amendments included in Texas' (adoption by reference at 30 Texas
Administrative Code (TAC) sections: 335.1(123)(A)(iv), 335.112(a)(19)
and (20), 335.152(a)(17) and (18), and 335.431(c)(1), are not part of
the State's authorized program and are not part of the incorporation by
reference addressed by today's Federal Register document.
Additionally, Texas' hazardous waste regulations include amendments
which have not been authorized by the EPA. Since the EPA cannot enforce
a State's requirements which have not been reviewed and authorized in
accordance with RCRA section 3006 and 40 CFR part 271, it is important
to be precise in delineating the scope of a State's authorized
hazardous waste program. Regulatory provisions that have not been
authorized by the EPA include amendments to previously authorized State
regulations as well as new State requirements.
In those instances where Texas has made unauthorized amendments to
previously authorized sections of State code, the EPA is identifying in
40 CFR 272.2201(c)(4) any regulations which, while adopted by the State
and incorporated by reference, include language not authorized by the
EPA. Those unauthorized portions of the State regulations are not
Federally enforceable. Thus, notwithstanding the language in Texas
hazardous waste regulations incorporated by reference at 40 CFR
272.2201(c)(1), the EPA will only enforce those portions of the State
regulations that are actually authorized by the EPA. For the
convenience of the regulated community, the actual State regulatory
text authorized by the EPA for the citations listed at 272.2201(c)(4)
(i.e., without the unauthorized amendments) is compiled as a separate
document, Addendum to the EPA Approved Texas Regulatory Requirements
Applicable to the Hazardous Waste Management Program, June 2005. This
document is available from EPA Region 6, Sixth Floor, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Phone number: (214) 665-8533, EPA Resource
and Conservation Recovery Act (RCRA) Docket Information Center (5305G),
1200 Pennsylvania Avenue., NW., Washington DC 20460, National Archives
and Records Administration (NARA), for information on the availability
of this material at NARA, call 202-741-6030, and also Texas Commission
on Environmental Quality, 1700 N. Congress Avenue, Austin, Texas 78711-
3087.
State regulations that are not incorporated by reference in today's
rule at 40 CFR 272.2201(c)(1), or that are not listed in 40 CFR
272.2201(c)(3) (``broader in scope'') or 40 CFR 272.2201(c)(4)
(``unauthorized amendments to authorized State provisions''), are
considered new unauthorized State requirements. These requirements are
not Federally enforceable.
[[Page 64256]]
With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.
F. What Will Be the Effect of Federal HSWA Requirements on the
Codification?
The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.
Statutory and Executive Order Reviews
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore, this action is not subject to review by OMB. This
rule incorporated by reference Texas' authorized hazardous waste
management regulations, and imposes no additional requirements beyond
those imposed by State law. This final rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation by
reference will not impose any new burdens on small entities.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). Because this rule
merely incorporates by reference certain existing State hazardous waste
management program requirements which the EPA already approves under 40
CFR part 271, and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing State hazardous waste management program requirements without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also does not have
Tribal implications within the meaning of Executive Order 13175 (65 FR
67249, November 6, 2000).
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 action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
incorporation by reference as long as the State meets the criteria
required by RCRA. It would thus be inconsistent with applicable law for
the EPA, when it reviews a State incorporation by reference
application, to require the use of any particular voluntary consensus
standard in place of another standard that otherwise satisfies the
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) do not apply. The final rule does not include environmental
justice issues that require consideration under Executive Order 12898
(59 FR 7629, February 16, 1994). The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Parts 271 and 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
Authority: This notice is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 17, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
For the reasons set forth in the preamble, 40 CFR parts 271 and 272 are
amended as follows:
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
EPA is granting final authorization under part 271 to the State of
Texas for revisions to its hazardous waste
[[Page 64257]]
program under the Resource Conservation and Recovery Act.
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Subpart SS--[Amended]
0
2. Subpart SS is amended by revising Sec. 272.2201 to read as follows:
Sec. 272.2201 Texas State-Administered Program: Final Authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted Texas final authorization for the following elements as
submitted to EPA in Texas' Base program application for final
authorization which was approved by EPA effective on December 26, 1984.
Subsequent program revision applications were approved effective on
October 4, 1985, February 17, 1987, March 15, 1990, July 23, 1990,
October 21, 1991, December 4, 1992, June 27, 1994, November 26, 1997,
December 3, 1997, October 18, 1999, November 15, 1999, September 11,
2000, June 14, 2005, and December 29, 2008.
(b) The State of Texas has primary responsibility for enforcing its
hazardous waste management program. However, EPA retains the authority
to exercise its inspection and enforcement authorities in accordance
with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928,
6934, 6973, and any other applicable statutory and regulatory
provisions, regardless of whether the State has taken its own actions,
as well as in accordance with other statutory and regulatory
provisions.
(c) State Statutes and Regulations. (1) The Texas statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This
incorporation by reference is approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of the Texas regulations that are incorporated by reference in this
paragraph are available from West Publishing Company, 620 Opperman
Drive, P.O. Box 64526, Saint Paul, MN 55164-0526; Phone: 1-800-328-
4880; Web site: http://west.thomson.com.
(i) The Binder entitled ``EPA Approved Texas Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated June 2005
(ii) [Reserved]
(2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2001);
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.002,
361.016, 361.017, 361.018, 361.024(e), 361.032, 361.033, 361.036,
361.037(a), 361.061, 361.063, 361.064, 361.066(b), 361.067, 361.068(a),
361.069 first two sentences, 361.078, 361.079, 361.080(a), 361.082(b),
381.082(c) (except second sentence), 361.082(e), 361.083, 361.084
(except 361.084(a) and (c)), 361.084(c) (except the phrase ``, or
evidence of * * * waste management''), 361.085, 361.088(a) and (b),
361.088(c) (except the phrase ``Except as provided by Subsection (e)'',
361.089, 361.090, 361.095(b)-(f), 361.096, 361.097, 361.098(a) (except
the phrase ``Except as provided in Subsections (b) and (c),''),
361.099(a), 361.100, 361.101, 361.102(a) (except the phrase ``Except as
provided by Subsections (b) and (c)''), 361.103 through 361.108,
361.109(a), 361.301, 361.321(a) and (b), 361.321(c) (except the phrase
``Except as provided by Section 361.322(a)''), 361.321(d), and
361.321(e) (except the phrase ``Except as provided by Section
361.322(e)''); Chapter 371, Texas Oil Collection, Management, and
Recycling Act, sections 371.0025(b) and (c), 371.024(a), 371.024(c) and
(d), 371.026(a) and (b), 371.028, and 371.043(b).
(ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 2002
Supplement), effective September 1, 2001: Chapter 361, The Texas Solid
Waste Disposal Act, sections 361.082(h), 361.084(a), 361.088(g), and
361.114.
(iii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2000),
effective September 1, 1999, as amended: Chapter 5, sections 5.102
through 5.105, 5.112, 5.351, and 5.501; Chapter 7, sections 7.051(a),
7.053 through 7.062, 7.064 through 7.069, 7.075, 7.101, 7.102, 7.104,
7.107, 7.110, 7.162, 7.163, 7.176, 7.187, 7.189, 7.190, 7.252(1),
7.351, 7.353; Chapter 26, section 26.011; and Chapter 27, sections
27.018 and 27.019.
(iv) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 2002),
effective September 1, 2001, as amended: Chapter 5, section 5.177;
Chapter 7, sections 7.031, 7.052(a), and 7.102.
(v) Texas Government Code (Vernon, 1998), section 311.027,
effective May 11, 1993.
(vi) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1994, as amended, effective through January 1, 1994: Chapter
305, sections 305.91 through 305.93, 305.98, and 305.99.
(vii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1997, as amended, effective through January 1, 1997: Chapter
281, sections 281.17(d)-(f); Chapter 305, sections 305.29(b)-(d),
305.94 and 305.95, 305.97, 305.100, 305.101 (except 305.101(c)),
305.102, 305.103, and 305.105.
(viii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2002, as amended, effective through December 31, 2001: Chapter
39, sections 39.13 (except (10)), 39.413 (except (10)); Chapter 50,
sections 50.13, 50.19, 50.39, 50.113, 50.119, and 50.139; Chapter 55,
sections 55.27 (except (b)), 55.201 (except as applicable to contested
case hearings), and 55.211 (except as applicable to contested case
hearings); Chapter 70, section 70.10; Chapter 281, sections 281.1
(except the clause ``except as provided by * * * Prioritization
Process)''), 281.2 introductory paragraph, 281.2(4), 281.3(a) and (b),
281.5 (except the clause ``Except as provided by * * * Discharge
Permits)'' and the phrase ``radioactive material''), 281.18(a) (except
for the sentence ``For applications for radioactive * * * within 30
days.'', 281.19(a) (except the last sentence), 281.19(b) (except the
phrase ``Except as provided in subsection (c) of this section,''),
281.20, 281.21(a) (except the phrase ``and the Texas Radiation Control
Act * * * Chapter 401.''), 281.21(b), 281.21(c) (except the phrase
``radioactive materials,'' in 281.21(c)(2)), 281.21(d) introductory
paragraph (except the phrase ``and the Texas Radiation Control Act * *
* Chapter 401.'' and the phrase ``For applications for minor amendments
* * * summary is not necessary.''), 281.21(d)(1)-(6) (except the phrase
``and, for radioactive * * * radiation safety'' in 281.21(d)(3)),
281.22(a) (except the phrase ``For applications for radioactive * * *
to deny the license.''), 281.22(b) (except the phrase ``or an injection
well,'' in the first sentence and the phrase ``For underground
injection wells * * * the same facility or activity.''), 281.23(a),
281.24; Chapter 305, sections, 305.64(d) and (f), 305.66(c), 305.66(e)
(except for the last sentence), 305.66(f)-(l), 305.123 (except the
phrase ``and 401 * * *
[[Page 64258]]
regulation)'', 305.125(1) and (3), 305.125(20), 305.127(1)(B)(i),
305.127(4)(A) and (C), 305.127(6), 305.401(a), 305.401(b) (except the
text ``Sec. 39.3 of this title (relating to Purpose) * * * Sec. 55.21
of this title (relating to Requests for Contested Case Hearings, Public
Comment''), 305.401(d)-(h); and Chapter 335, sections 335.2(b),
335.43(b), 335.206, 335.391 through 335.393.
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) Texas Health and Safety Code (THSC) Annotated, (Vernon 2001):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.131
through 140; Chapter 371, Texas Oil Collection, Management, and
Recycling Act, sections 371.021, 371.022, 371.024(e), 371.0245,
371.0246, 371.025, and 371.026(c).
(ii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2002, as amended, effective through December 31, 2001: Chapter
305, sections 305.53, 305.64(b)(4), 305.127(1)(G); Chapter 335,
sections 335.321 through 335.332, and Appendices I and II.
(4)(i) Unauthorized State Amendments. The following authorized
provisions of the Texas regulations include amendments published in the
Texas Register that are not approved by EPA. Such unauthorized
amendments are not part of the State's authorized program and are,
therefore, not Federally enforceable. Thus, notwithstanding the
language in the Texas hazardous waste regulations incorporated by
reference at paragraph (c)(1)(i) of this section, EPA will enforce the
State provisions that are actually authorized by EPA. The effective
dates of the State's authorized provisions are listed in the following
Table.
------------------------------------------------------------------------
Effective Unauthorized State Amendments
date of ------------------------------
State provision authorized Texas register Effective
provision reference date
------------------------------------------------------------------------
335.2(c)................... 11/7/91 18 TexReg 2799. 5/12/93
18 TexReg 8218. 11/23/93
35.6(a).................... 7/29/92 18 TexReg 2799. 5/12/93
22 TexReg 12060 12/15/97
23 TexReg 10878 10/19/98
335.6(c) introductory 7/29/92 17 TexReg 8010. ...........
paragraph.
20 TexReg 2709. 11/27/92
20 TexReg 3722. 4/24/95
21 Tex Reg 1425 5/30/95
21 TexReg 2400. 3/01/96
22 TexReg 12060 3/06/96
23 TexReg 10878 12/15/97
10/19/98
335.6(g)................... 7/29/92 18 TexReg 3814. 6/28/93
22 TexReg 12060 12/15/97
23 TexReg 10878 10/19/98
335.10(b)(22).............. 7/27/88 17 TexReg 8010. 11/27/92
335.24(b) introductory 3/1/96 21 TexReg 10983 11/20/96
paragraph.
23 TexReg 10878 10/19/98
335.24(c) introductory 3/1/96 21 TexReg 10983 11/20/96
paragraph.
23 TexReg 10878 10/19/98
335.41(c).................. 9/1/86 18 TexReg 8218. 11/23/93
335.45(b).................. 9/1/86 17 TexReg 5017. 7/29/92
335.204(a)(1).............. 5/28/86 16 TexReg 6065. 11/07/91
335.204(b)(1).............. 5/28/86 16 TexReg 6065. 11/07/91
335.204(b)(6).............. 5/28/86 16 TexReg 6065. 11/07/91
335.204(c)(1).............. 5/28/86 16 TexReg 6065. 11/07/91
335.204(d)(1).............. 5/28/86 16 TexReg 6065. 11/07/91
335.204(e)(6).............. 5/28/86 16 TexReg 6065. 11/07/91
------------------------------------------------------------------------
(ii) The actual State regulatory text authorized by EPA (i.e.,
without the unauthorized amendments) is available as a separate
document, Addendum to the EPA-Approved Texas Regulatory and Statutory
Requirements Applicable to the Hazardous Waste Management Program,
June, 2005. Copies of the document can be obtained from U.S. EPA Region
6, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the State of Texas, signed by the Executive Director
of the Texas Natural Resource Conservation Commission (TNRCC) on April
26, 2000, and by the EPA Regional Administrator on June 14, 2000, is
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Texas on
May 22, 1984 and revisions, supplements, and addenda to that Statement
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11,
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8,
1993, January 7, 1994, August 9, 1996, October 16, 1996, as amended
February 7, 1997, March 11, 1997, January 5, 1999, November 2, 1999,
and March 1, 2002 are referenced as part of the authorized hazardous
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
(7) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
3. Appendix A to part 272, State Requirements, is amended by
revising
[[Page 64259]]
the listing for ``Texas'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Texas
The statutory provisions include:
Texas Health and Safety Code (THSC) Annotated, (Vernon 2001):
Chapter 361, The Texas Solid Waste Disposal Act, sections 361.003
(except (3), (4), (19), (27), (35), and (39)), 361.066(a),
361.082(a), 361.082(f), 361.086, 361.087, 361.093, 361.094,
361.095(a), 361.099(b), and 361.110; Chapter 371, The Texas Oil
Collection, Management, and Recycling Act, sections 371.003,
371.024(b), 371.026(d), and 371.041.
Copies of the Texas statutes that are incorporated by reference
are available from West Publishing Company, 620 Opperman Drive, P.
O. Box 64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-328-4880;
Web site: http://west.thomson.com.
The regulatory provisions include:
Texas Administrative Code (TAC), Title 30, Environmental
Quality, 2002, as amended, effective through December 31, 2001.
Please note that the 2002 TAC, Title 30 is the most recent version
of the Texas authorized hazardous waste regulations. For a few
provisions, the authorized version is found in the TAC, Title 30,
Environmental Quality dated January 1, 1994, January 1, 1997, or
December 31, 1999. Texas made subsequent changes to these provisions
but these changes have not been authorized by EPA. The provisions
from earlier sets of regulations are noted in the table below.
Chapter 20, Section 20.15; Chapter 35, Section 35.402(e);
Chapter 39, Sections 39.5(g), 39.11, 39.103(a)(2), (b), (d)(4), and
(g), 39.405(f)(1), 39.411 (except (b)(4)(B), (b)(10), (11), and
(13)), 39.503(d); Chapter 55, Sections 55.25(b)(1)-(3), 55.152(b),
55.154, and 55.156(b)(1); Chapter 281, Section 281.3(c);
Chapter 305--Sections 305.1(a) (except the reference to Chapter
401, relative to Radioactive Materials); 305.2 introductory
paragraph (except the references to Chapter 401, relative to
Radioactive Materials), 305.2(1), (6), (12), (13), (16), (17), (21),
(25), (27)-(29), (32), and (41)-(43); 305.29(a), (January 1, 1997);
305.30; 305.41 (except the reference to Chapter 401, relative to
Radioactive Materials); 305.42(a), (b), and (d); 305.43(b); 305.44
(except (d)); 305.45(a) (except (a)(7)(I) and the phrase ``Sec.
305.54 of this title * * * Content of Applications),'' in
305.45(a)(8)(C)); 305.45(b); 305.47; 305.50 introductory paragraph-
(3) (except the last two sentences in 305.50(2)); 305.50(4)
introductory paragraph and (A); 305.50(4)(B)-(D), (January 1, 1994);
305.50(4)(G); 305.50(5)-(8), (13) and (14); 305.51; 305.61;
305.62(a) (except the phrase in the first sentence ``Sec. 305.70 of
this title * * * Solid Waste Class I Modifications'' and the phrase
in the fifth sentence ``If the permittee requests a modification of
a municipal solid waste permit * * * Sec. 305.70 of this title.'');
305.62(b); 305.62(c), (January 1, 1997); 305.62(d) (except (d)(6));
305.62(e)-(h); 305.63(a) introductory paragraph (except first
sentence); 305.63(a)(1) and (2); 305.63(a)(3) (except last
sentence); 305.63(a)(4)-(6); 305.64(a), 305.64(b) (except (4) and
(5)); 305.64(c); 305.64(e); 305.64(g), (December 31, 1999);
305.66(a) (except (7)-(9)); 305.66(d); 305.67 (except (c));
305.69(a)-(h), (January 1, 1997); 305.69(i)-(k) (except (k) A.8-
A.10); 305.121 (except the phrase ``radioactive material
disposal''); 305.122(a)-(c); 305.124; 305.125 (except (1), (3), the
last two sentences in (5), (6), (9)(C), the phrase ``as otherwise
required by Chapter 336 of this title'' relative to Radioactive
Substances in (11)(B), (20), and (22)); 305.125(6), (January 1,
1997); 305.127 introductory paragraph; 305.127(1)(B)(iii), (E) and
(F); 305.127(2); 305.127(3)(A) (except the last two sentences);
305.127(3)(B) and (C); 305.127(4)(B) and (5)(C); 305.128; 305.141
through 305.145; 305.146 introductory paragraph and (1), (January 1,
1997); 305.150; 305.171 through 305.175; 305.181 through 305.184;
305.191 through 305.194; 305.401(c); 305.571 through 305.573;
Chapter 324--Used Oil--Sections 324.1 through 324.2(6);
324.2(7)-(9), (January 1, 1997); 324.3; 324.4, (January 1, 1997);
324.6; 324.7, (January 1, 1997); 324.11 through 324.14; 324.15,
(January 1, 1997); 324.16; 324.21, (January 1, 1997);
Chapter 335, Subchapter A--Industrial Solid Waste and Municipal
Hazardous Waste in General--Sections 335.1 introductory paragraph--
(4), (6)-(13), (17), (18), (20)-(24), (27), (29), (30), (32)-(39),
(40) (except for the phrase ``or is used for neutralizing the pH of
non-hazardous industrial solid waste''), (41)-(43), (45)-(50), (52)-
(58), (61)-(70), (72)-(79), (80)-(85) (except the phrase ``solid
waste or'' in each subsection), (86)-(89), (90) (except the phrase
``solid waste or''), (91)-(105), (107) (except the phrase ``solid
waste''), (108), (112), (113) (except the phrase ``solid waste''),
(114)-(117); 335.1(119) (December 31, 1999); 335.1(121)-(125),
(127), (128), (129)(A)-(G) (except the phrase ``Except for materials
described in subparagraph (H) of this paragraph.'', at (129)(D) and
(G) introductory paragraphs, (129)(I) and (J), (130), (132)-(141)
(except the phrase ``solid waste or'' at (134), (137) and (139)),
(142) (except the phrase ``or industrial solid''), (143), (144),
(145) (except the phrase ``or industrial solid''), (146) (except the
phrase ``or industrial solid''), (148)-(150), (151) (except the
phrase ``solid waste or''), (152)-(157), (158) (except the phrase
``or industrial solid''), (159)-(160), (161) (except the phrase
``solid waste or''); 335.2(a) and (c); 335.2(d), (January 1, 1997);
335.2(e)-(g); 335.2(i), (j) and (l); 335.4; 335.5; 335.6(a);
335.6(b), (January 1, 1997); 335.6(c); 335.6(d) and (e), (January 1,
1994); 335.6(f)-(j); 335.7, (December 31, 1999); 335.8(a)(1) and
(2); 335.9(a) (except (a)(2) and (3)); 335.9(a)(2) and (3), (January
1, 1997); 335.9(b), (January 1, 1994); 335.10(a) introductory
paragraph and (a)(1), (January 1, 1994); 335.10(a)(3) (except the
phrase, ``unless the generator is identified in paragraph (2) of
this section''); 335.10(a)(4); 335.10(a)(6); 335.10(b) (except
335.10(b)(5), (8), and (18)); 335.10(b)(5), (8), and (18), (January
1, 1994); 335.10(c) (except the phrase ``the United States customs
official,''); 335.10(d)-(f); 335.11 (except 11(d)); 335.12 (except
335.12(a)(5) and (d)); 335.13(a), (January 1, 1997); 335.13(c) and
(d), (January 1, 1994); 335.13(e) and (f), (January 1, 1997);
335.13(g), (January 1, 1994); 335.14; 335.15 introductory paragraph,
(January 1, 1994); 335.15(1); 335.17(a); 335.18 (except 335.18(b));
335.19 (except 335.19(d)); 335.20 through 335.22; 335.23 (except
335.23(2)); 335.23(2), (January 1, 1994); 335.24(a)-(f); 335.24(j)
and (k); 335.29 through 335.31;
Chapter 335, Subchapter B--Hazardous Waste Management General
Provisions--335.41(a)-(h); 335.41(j); 335.43 and 335.44, (December
31, 1999); 335.45; 335.47 (except 335.47(b) and the second sentence
in 335.47(c)(3)); 335.47(b), (December 31, 1999);
Chapter 335, Subchapter C--Standards Applicable to Generators of
Hazardous Waste--335.61 (except (f)); 335.62; 335.63; 335.65 through
335.69 (except 335.69(i)); 335.70; 335.71, (January 1, 1994);
335.73; 335.74; 335.76 (except 335.76(a), (b)(1), (f) and (h));
335.76(a), (b)(1), and (f), (January 1, 1997); 335.77; 335.78
(except (b), (d)(2), (e) introductory paragraph, (f)(2), and
(g)(2)); 335.78(b), (e) introductory paragraph, (f)(2), and (g)(2),
(January 1, 1997);
Chapter 335, Subchapter D--Standards Applicable to Transporters
of Hazardous Waste--335.91 (except 335.91(e)); 335.92; 335.93
(except 335.93(e)); 335.93(e), (December 31, 1999); 335.94 (except
the phrase ``owned or operated by a registered transporter'' in (a)
introductory paragraph);
Chapter 335, Subchapter E--Interim Standards for Owners and
Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities--335.111; 335.112 (except (a)(7), (a)(17), (b)(4)(I) and
(J), and (b)(7)); 335.112(a)(7), (January 1, 1997); 335.113;
335.114, (January 1, 1997); 335.115 introductory paragraph, (January
1, 1997); 335.115 (1)-(4); 335.116; 335.117 (except (a)(2)(B),
(a)(2)(C), and (b)(2)); 335.117(a)(2)(B), (a)(2)(C), and (b)(2)
(January 1, 1997); 335.118 through 335.127;
Chapter 335, Subchapter F--Permitting Standards for Owners and
Operators of Hazardous Waste Storage, Processing, or Disposal
Facilities--335.151; 335.152 (except (a)(4), (a)(6), and (c)(5)-
(7)); 335.152(a)(4), (a)(6), (January 1, 1997); 335.153; 335.154,
(January 1, 1997); 335.155 introductory paragraph, (January 1,
1997); 335.155 (1)-(3); 335.156 through 335.166; 335.167(a);
335.167(b) and (c), (December 31, 1999); 335.168 through 335.178;
Chapter 335, Subchapter G--Location Standards for Hazardous
Waste Storage, Processing, or Disposal--335.201 (a) (except (a)(3));
335.201(c); 335.202 introductory paragraph, (2), (4), (9)-(11),
(13), (15)-(18); 335.203; 335.204(a) introductory paragraph--(5);
335.204(b)(1)-(6); 335.204(c)(1)-(5); 335.204(d)(1)-(5); 335.204(e)
introductory paragraph; 335.204(e)(1) introductory paragraph (except
the phrase ``Except as * * * (B) of this paragraph,'' and the word
``event'' at the end of the paragraph); 335.204(e)(2)-(7);
335.204(f); 335.205(a) introductory paragraph--(2) and (e);
Chapter 335, Subchapter H--Standards for the Management of
Specific Wastes and Specific Types of Facilities--335.211; 335.212;
335.213, (January 1, 1997); 335.214; 335.221 (except (a)(1)(B));
335.222 through
[[Page 64260]]
335.225; 335.241 (except (b)(4) and (d)); 335.241(d), (January 1,
1997); 335.251; 335.261 (except (e)); 335.271; 335.272;
Chapter 335, Subchapter O--Land Disposal Restrictions--335.431;
Chapter 335, Subchapter R--Waste Classification--335.504
introductory paragraph--(2); 335.504(3) and (4), (December 31,
1999).
Copies of the Texas regulations that are incorporated by
reference are available from West Publishing Company, 620 Opperman
Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-
328-4880; Web site: http://west.thomson.com.
* * * * *
[FR Doc. E8-25589 Filed 10-28-08; 8:45 am]
BILLING CODE 6560-50-P