[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8579]


[[Page Unknown]]

[Federal Register: April 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4861-4]

 

Texas: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Texas has applied for final authorization of a 
revision to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). The Environmental Protection Agency (EPA) 
reviewed Texas' application and has decided, subject to public review 
and comment, that Texas' hazardous waste program revision satisfies all 
of the requirements necessary to qualify for final authorization. Thus, 
EPA intends to approve Texas' hazardous waste program revision, subject 
to the authority retained by EPA in accordance with the Hazardous and 
Solid Waste Amendments of 1984. Texas' application for the program 
revision is available for public review and comment.

DATES: This final authorization for Texas shall be effective June 27, 
1994 unless EPA publishes a prior Federal Register (FR) action 
withdrawing this immediate final rule. All comments on Texas' program 
revision application must be received by the close of business May 26, 
1994.

ADDRESSES: Copies of the Texas program revision application and the 
materials which EPA used in evaluating the revision are available from 
8:30 a.m. to 4 p.m., Monday through Friday at the following addresses 
for inspection and copying: Texas Natural Resource Conservation 
Commission, 1700 N. Congress Avenue, Austin, TX 78711-3087, and U.S. 
EPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at 
Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 655-
6444. Written comments, referring to Docket Number TX-94-2, should be 
sent to Dick Thomas, Region 6 Authorization Coordinator, Grants and 
Authorization Section (6H-HS), RCRA Programs Branch, U.S. EPA Region 6, 
First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, 
Dallas, Texas 75202, (214) 655-8528.

FOR FURTHER INFORMATION CONTACT:   Dick Thomas, Region 6 Authorization 
Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs 
Branch, U.S. EPA Region 6, First Interstate Bank Tower at Fountain 
Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 655-8528.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (RCRA or ``the Act''), 42 U.S.C. 
6926(b), have a continuing obligation to maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal hazardous waste program. In addition, as an interim 
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter ``HSWA'') allows States to revise 
their programs to become substantially equivalent instead of equivalent 
to RCRA requirements promulgated under HSWA authority. States 
exercising the latter option receive interim authorization for the HSWA 
requirements under section 3006(g) of RCRA, 42 U.S.C. 6926(g), and 
later apply for final authorization for the HSWA requirements. 
Revisions to State hazardous waste programs are necessary when Federal 
or State statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, State program revisions are 
necessitated by changes to EPA's regulations in 40 CFR parts 260-266, 
268, 124, and 270.

B. Texas

    Texas received final authorization to implement its hazardous waste 
management program on December 12, 1984, effective December 26, 1984 
(see 49 FR 48300). This authorization was clarified in a notice 
published in the Federal Register on March 26, 1985 (see 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 (see 51 FR 3952), on December 18, 1986, 
effective February 17, 1987 (see 51 FR 45320), on March 1, 1990, 
effective March 15, 1990 (see 55 FR 7318), on May 24, 1990, effective 
July 23, 1990 (see 55 FR 21383), on August 22, 1991, effective October 
21, 1991 (see 56 FR 41626), and on October 5, 1992, effective December 
4, 1992 (see 57 FR 45719). On December 8, 1992, the Texas Water 
Commission (TWC) submitted a final complete program revision 
application for additional program approvals. (In 1991, Texas Senate 
Bill 2 created the Texas Natural Resources 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. Under Chapter 361 of the Texas Health and Safety 
Code, the TNRCC has sole responsibility for the administration of laws 
and regulations concerning hazardous waste). Today, Texas is seeking 
approval of its program revision in accordance with 40 CFR 
271.21(b)(3).
    EPA reviewed Texas' application, and made an immediate final 
decision that Texas' hazardous waste program revision satisfies all of 
the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant final authorization for the 
additional program modifications to Texas. The public may submit 
written comments on EPA's final decision until May 26, 1994. Copies of 
Texas' application for program revision are available for inspection 
and copying at the locations indicated in the ADDRESSES section of this 
notice.
    Approval of Texas' program revision shall become effective 75 days 
from the date this notice is published, unless an adverse written 
comment pertaining to the State's revision discussed in this notice is 
received by the end of the comment period. If an adverse written 
comment is received, EPA will publish either: (1) A withdrawal of the 
immediate final decision or (2) a notice containing a response to the 
comment that either affirms that the immediate final decision takes 
effect or reverses the decision.
    Texas' program revision application includes State regulatory 
changes that are equivalent to the rules promulgated in the Federal 
RCRA implementing regulations in 40 CFR parts 124, 260-262, 264, 265, 
and 270 that were published in the Federal Register through June 30, 
1990. This proposed approval includes the provisions that are listed in 
the chart below. This chart also lists the State analogs that are being 
recognized as equivalent to the appropriate Federal requirements. (As a 
result of the Texas reorganization presented above, TNRCC rules, once 
codified at Title 31 Texas Administrative Code, are now codified at 
Title 30 Texas Administrative Code).

------------------------------------------------------------------------
       Federal Citation                       State analog              
------------------------------------------------------------------------
1. California List Waste Land   Texas Solid Waste Disposal Act (TSWDA)  
 Disposal Restrictions, July     Secs. 361.017 and 361.024; Texas Health
 8, 1987 [52 FR 25760], as       and Safety Code Ann. (THSC) (Vernon's  
 amended on October 27, 1987     Supp. 1991), effective June 7, 1991, as
 [52 FR 41295]. (Checklists 39   amended; 30 Texas Administrative Code  
 and 39.1).                      (TAC) Sec. 305.51(c), Sec. 335.2(j),   
                                 Sec. 335.112(a)(1), Sec. 335.152(a)(1),
                                 and Sec. 335.431(c), all effective     
                                 November 23, 1993; and 31 TAC Sec.     
                                 335.77, effective September 1, 1989, as
                                 amended.                               
2. Exception Reporting for      TSWDA Secs. 361.017, and 361.024; THSC  
 Small Quantity Generators of    (Vernon's Supp. 1991), effective June  
 Hazardous Waste, September      7, 1991, as amended; 31 TAC Sec.       
 23, 1987 [52 FR 35894].         335.13(c), (d) and (g), effective March
 (Checklist 42).                 31, 1992, as amended; and 30 TAC Sec.  
                                 335.74, effective November 23, 1993.   
3. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Permit Application              (Vernon's Supp. 1991), effective June  
 Requirements Regarding          7, 1991, as amended; and 30 TAC Sec.   
 Corrective Action, December     305.50(4)(A), effective November 23,   
 1, 1987 [52 FR 45788].          1993.                                  
 (Checklist 44A).                                                       
4. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Corrective Action Beyond        (Vernon's Supp. 1991), effective June  
 Facility Boundary, December     7, 1991, as amended; 30 TAC Sec.       
 1, 1987 [52 FR 45788].          335.166(5), and 30 TAC 335.167(c),     
 (Checklist 44B).                effective November 23, 1993.           
5. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Corrective Action for           (Vernon's Supp. 1991), effective June  
 Injection Wells, December 1,    7, 1991, as amended; and 30 TAC Sec.   
 1987 [52 FR 45788].             335.121(f), and Sec. 335.121(e)(1)-(3),
 (Checklist 44C).                both effective November 23, 1993.      
6. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Permit Modification, December   (Vernon's Supp. 1991), effective June  
 1, 1987 [52 FR 45788].          7, 1991, as amended; and 31 TAC Sec.   
 (Checklist 44D).                305.62(d)(3), effective September 1,   
                                 1989, as amended.                      
7. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Permit as a Shield Provision,   (Vernon's Supp. 1991), effective June  
 December 1, 1987 [52 FR         7, 1991, as amended; and 30 TAC Sec.   
 45788]. (Checklist 44E).        305.124, effective November 23, 1993.  
8. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Permit Conditions to protect    (Vernon's Supp. 1991), effective June  
 Human Health and the            7, 1991, as amended; and 30 TAC Sec.   
 Environment, December 1, 1987   305.50(14), effective November 23,     
 [52 FR 45788]. (Checklist       1993.                                  
 44F).                                                                  
9. HSWA Codification Rule 2;    TSWDA Secs. 361.017, and 361.024, THSC  
 Post-Closure Permits,           (Vernon's Supp. 1991), effective June  
 December 1, 1987 [52 FR         7, 1991, as amended; and 30 TAC Sec.   
 45788]. (Checklist 44G).        335.2(i) effective November 23, 1993.  
10. Technical Correction to     TSWDA Secs. 361.017, and 361.024, THSC  
 Checklist 23, Small Quantity    (Vernon's Supp. 1991), effective June  
 Generators, July 19, 1988 [53   7, 1991, as amended; and 31 TAC Sec.   
 FR 27162]. (Checklist 47).      335.78(e) and Sec. 335.78(f)(2), both  
                                 effective September 1, 1989, as        
                                 amended.                               
11. Farmer Exemptions;          TSWDA Secs. 361.017, and 361.024, THSC  
 Technical Corrections, July     (Vernon's Supp. 1991), effective June  
 19, 1988 [53 FR 27164].         7, 1991, as amended; and 30 TAC Sec.   
 (Checklist 48).                 335.41(d)(4) and Sec. 335.61 (b) and   
                                 (e), all effective November 23, 1993.  
12. Land Disposal Restrictions  TSWDA Secs. 361.017, and 361.024, THSC  
 for First Third Scheduled       (Vernon's Supp. 1991), effective June  
 Wastes, August 17, 1988 [53     7, 1991, as amended; 30 TAC Sec.       
 FR 31138], as amended on        335.112 (a)(1) and (a)(4), Sec. 335.152
 February 27, 1989 [54 FR        (a)(1) and (a)(4), Sec. 335.211(b), and
 8264]. (Checklists 50 and       Sec. 335.431(c), all effective November
 50.1).                          23, 1993.                              
13. Hazardous Waste Management  TSWDA Secs. 361.017, and 361.024, THSC  
 System; Standards for           (Vernon's Supp. 1991), effective June  
 Hazardous Waste Storage and     7, 1991, as amended; 30 TAC Sec. 335.1,
 Treatment Tank Systems,         Sec. 335.112 (a)(6) and (a)(9), and    
 September 2, 1988 [53 FR        Sec. 335.152 (a)(5) and (a)(8), all    
 34079]. (Checklist 52).         effective November 23, 1993.           
14. Land Disposal Restriction   TSWDA Secs. 361.017, and 361.024, THSC  
 Amendments to First Third       (Vernon's Supp. 1991), effective June  
 Scheduled Wastes, May 2, 1989   7, 1991, as amended; and 30 TAC Sec.   
 [54 FR 18836]. (Checklist 62).  335.431(c), effective November 23,     
                                 1993.                                  
15. Land Disposal Restrictions  TSWDA Secs. 361.017, and 361.024, THSC  
 for Second Third Scheduled      (Vernon's Supp. 1991), effective June  
 Wastes, June 23, 1989 [54 FR    7, 1991, as amended; and 30 TAC Sec.   
 26594]. (Checklist 63).         335.431(c) effective November 23, 1993.
16. Land Disposal               TSWDA Secs. 361.017, and 361.024, THSC  
 Restrictions; Correction to     (Vernon's Supp. 1991), effective June  
 the First Third Scheduled       7, 1991, as amended; and 30 TAC Sec.   
 Wastes, September 6, 1989 [54   335.211(b) and Sec. 335.431(c), both   
 FR 36967, as amended on June    effective November 23, 1993.           
 13, 1990 [55 FR 23935].                                                
 (Checklists 66 and 66.1).                                              
17. Reportable Quantity         TSWDA Secs. 361.017, and 361.024, THSC  
 Adjustment Methyl Bromide       (Vernon's Supp. 1991), effective June  
 Production Wastes, October 6,   7, 1991, as amended; 30 TAC Sec. 335.1 
 1989 [54 FR 41402].             and Sec. 335.29, both effective        
 (Checklist 68).                 November 23, 1993.                     
18. Reportable Quantity         TSWDA Secs. 361.017, and 361.024, THSC  
 Adjustment (F024 & F025),       (Vernon's Supp. 1991), effective June  
 December 11, 1989 [54 FR        7, 1991, as amended; and 30 TAC Sec.   
 50968]. (Checklist 69).         335.1 and Sec. 335.29, both effective  
                                 November 23, 1993.                     
19. Listing of 1,1-Dimethyl-    TSWDA Secs. 361.017, and 361.024, THSC  
 hydrazine Production Wastes,    (Vernon's Supp. 1991), effective June  
 May 2, 1990 [55 FR 18496].      7, 1991, as amended; 30 TAC Sec. 335.1 
 (Checklist 75).                 and Sec. 335.29, both effective        
                                 November 23, 1993.                     
20. HSWA Codification Rule:     TSWDA Secs. 361.017, and 361.024, THSC  
 Double Liners; Correction,      (Vernon's Supp. 1991), effective June  
 May 9, 1990 [55 FR 19262].      7, 1991, as amended; and 30 TAC Sec.   
 (Checklist 77).                 335.168(c) and Sec. 335.173(c), both   
                                 effective November 23, 1993.           
21. Land Disposal Restrictions  TSWDA Secs. 361.017, and 361.024, THSC  
 for Third Scheduled Wastes,     (Vernon's Supp. 1991), effective June  
 June 1, 1990 [55 FR 22520].     7, 1991, as amended; and 30 TAC Sec.   
 (Checklist 78H).                305.69(i) Appendix I.B.1.b., Sec.      
                                 335.1, Sec. 335.29, Sec. 335.62(2),    
                                 Sec. 335.69(a)(4), Sec. 335.111(c),    
                                 Sec. 335.112 (a)(1) and (a)(10)-       
                                 (a)(13), Sec. 335.152(a)(9)-(a)(12),   
                                 and Sec. 335.431(c), all effective     
                                 November 23, 1993.                     
22. Organic Air Emission        TSWDA Secs. 361.017, and 361.024, THSC  
 Standards for Process Vents     (Vernon's Supp. 1991), effective June  
 and Equipment Leaks, June 21,   7, 1991, as amended; 30 TAC Sec. 335.1,
 1990 [55 FR 25454].             Sec. 305.50(4)(A), Sec. 335.2(j), Sec. 
 (Checklist 79).                 335.112 (a)(1), (a)(4), (a)(19), and   
                                 (a)(20), Sec. 335.115(4), Sec. 335.152 
                                 (a)(1), (a)(4), (a)(16) and (a)(17),   
                                 and Sec. 335.155(3), all effective     
                                 November 23, 1993.                     
23. Identification and Listing  TSWDA Secs. 361.017 and 361.024; THSC   
 of Hazardous Waste;             (Vernon 1990), effective September 1,  
 Treatability Studies Sample     1989, as amended; Texas Water Code     
 Exemption, July 19, 1988 [53    (TWC) Secs. 5.103, 5.105, and 26.011   
 FR 27290]. (Checklist 49).      (Vernon 1990), effective September 1,  
                                 1985, as amended; and 31 TAC Sec. 335.1
                                 and Sec. 335.2(g), both effective      
                                 August 1, 1990.                        
24. Hazardous Waste Management  TSWDA Secs. 361.017, and 361.024; THSC  
 System; Standards for           (Vernon 1990), effective September 1,  
 Hazardous Waste Storage and     1989, as amended; TWC Secs. 5.103,     
 Treatment Tank Systems,         5.105, and 26.011 (Vernon 1990),       
 September 2, 1988 [53 FR        effective September 1, 1985, as        
 34079]. (Checklist 52N).        amended; 31 TAC Sec. 335.1, effective  
                                 August 1, 1990; and 31 TAC Sec.        
                                 335.112(a)(6) and Sec. 335.152 (a)(5), 
                                 (a)(8) and (a)(9), all effective       
                                 December 13, 1991, as amended.         
25. Identification and Listing  TSWDA Secs. 361.017, and 361.024; THSC  
 of Hazardous Waste; and         (Vernon 1990), effective September 1,  
 Designation, Reportable         1989, as amended; TWC Secs. 5.103,     
 Quantities and Notification,    5.105, and 26.011 (Vernon 1990),       
 September 13, 1988 [53 FR       effective September 1, 1985, as        
 35412]. (Checklist 53).         amended; and 31 TAC Sec. 335.1,        
                                 effective August 1, 1990.              
26. Permit Modifications for    TSWDA Secs. 361.017, and 361.024; THSC  
 Hazardous Waste Management      (Vernon 1990), effective September 1,  
 Facilities, September 28,       1989, as amended; TWC Secs. 5.103,     
 1988 [53 FR 37912], as          5.105, and 26.011 (Vernon 1990),       
 amended on October 24, 1988     effective September 1, 1985, as        
 [53 FR 41649]. (Checklists 54   amended; Texas Open Records Act, TEX.  
 and 54.1).                      REV. CIV. STAT. ANN. art.6252-17a      
                                 (Vernon 1990); 31 TAC Sec. 305.2, Sec. 
                                 305.66, and Sec. 335.124, all effective
                                 November 23, 1993; 31 TAC Sec.         
                                 305.62(a), effective October 29, 1990; 
                                 31 TAC Sec. 335.112(a)(6), Sec. 335.152
                                 (a)(3) and (a)(5), all effective       
                                 December 13, 1991, as amended; 31 TAC  
                                 Sec. 305.64(a) and (g), and Sec.       
                                 305.144, Sec. 305.62(d)(3), Sec.       
                                 305.62(e)(2)(C)(iv)-(e)(2)(C)(xi), all 
                                 effective October 29, 1990; 31 TAC Sec.
                                 305.62(e), effective July 17, 1989; 31 
                                 TAC 305.100, effective October 8, 1990;
                                 31 TAC Sec. 305.102, Sec. 305.171, and 
                                 Sec. 305.172(10), all effective October
                                 29, 1990; 31 TAC Sec. 305.69(a), Sec.  
                                 305.69(a)(1)(A)-(a)(1)(C), Sec. 305.69 
                                 (a)(2) and (a)(3), Sec. 305.69 (b) and 
                                 (b)(1), Sec. 305.69(b)(1)(A)-(b)(1)(D),
                                 Sec. 305.69(b)(2), Sec. 305.69(b)(2)(A)-
                                 (b)(2)(G), Sec. 305.69(b)(3)-(b)(6),   
                                 Sec. 305.69(b)(6)(A)-(b)(6)(C), Sec.   
                                 305.69 (b)(6)(C)(i) and (b)(6)(C)(ii), 
                                 Sec. 305.69 (b)(6)(D) and (b)(6)(E),   
                                 Sec. 305.69(b)(7), Sec. 305.69(b)(7)(A)-
                                 (b)(7)(C), Sec. 305.69 (b)(7)(C)(i) and
                                 (b)(7)(C)(ii), Sec. 305.69(b)(7)(D),   
                                 Sec. 305.69 (b)(8) and (b)(9), Sec.    
                                 305.69 (b)(9)(A) and (b)(9)(B), Sec.   
                                 305.69(b)(10)-(b)(14), Sec.            
                                 305.69(b)(14)(A)-(b)(14)(C), Sec.      
                                 305.69(b)(15), Sec. 305.69(c), Sec.    
                                 305.69(c)(1), Sec. 305.69(c)(1)(A)-    
                                 (c)(1)(D), Sec. 305.69(c)(2), Sec.     
                                 305.69(c)(2)(A)-(c)(2)(F), Sec.        
                                 305.69(c)(3)-(c)(6), Sec. 305.69(d),   
                                 Sec. 305.69 (d)(1) and (d)(2), Sec.    
                                 305.69(d)(2)(A), Sec. 305.69           
                                 (d)(2)(B)(i) and (d)(2)(B)(ii), Sec.   
                                 305.69(d)(2)(C), Sec. 305.69(e), Sec.  
                                 305.69 (e)(1) and (e)(2), Sec. 305.69  
                                 (e)(2)(A) and (e)(2)(B), Sec.          
                                 305.69(e)(3), Sec. 305.69(e)(3)(A)-    
                                 (e)(3)(C), Sec. 305.69 (e)(4) and      
                                 (e)(5), Sec. 305.69 (e)(5)(A) and      
                                 (e)(5)(B), Sec. 305.69(e)(5)(B)(i)-    
                                 (e)(5)(B)(v), Sec. 305.69(e)(6), Sec.  
                                 305.69 (e)(6)(A) and (e)(6)(B), Sec.   
                                 305.69(f), Sec. 305.69 (f)(1) and      
                                 (f)(2), Sec. 305.69(g), Sec.           
                                 305.69(g)(1), Sec. 305.69(g)(1)(A)-    
                                 (g)(1)(E), Sec. 305.69(g)(2), and Sec. 
                                 305.184(1)-(3), all effective October  
                                 29, 1990.                              
27. Statistical Methods for     TSWDA Secs. 361.017, and 361.024; THSC  
 Evaluating Ground-Water         (Vernon 1990), effective September 1,  
 Monitoring Data from            1989, as amended; TWC Secs. 5.103,     
 Hazardous Waste Facilities,     5.105, and 26.011 (Vernon 1990),       
 October 11, 1988 [53 FR         effective September 1, 1985, as        
 39720]. (Checklist 55).         amended; 31 TAC Sec. 335.157 (a)(1) and
                                 (a)(2), Sec. 335.158, Sec.             
                                 335.163(1)(A), Sec. 335.163 (1)(A)(i)  
                                 and (1)(A)(ii), Sec. 335.163(1)(C),    
                                 Sec. 335.163(7), Sec. 335.163 (7)(A)   
                                 and (7)(B), Sec. 335.163(8), Sec.      
                                 335.163(8)(A)-(8)(E), Sec. 335.163(9), 
                                 Sec. 335.163(9)(A)-(9)(F), Sec.        
                                 335.163(10), Sec. 335.164(3)-(6), Sec. 
                                 335.164 (6)(A) and (6)(B), Sec.        
                                 335.164(7), Sec. 335.164(7)(A)-(7)(D), 
                                 Sec. 335.164(7)(D)(i)-(7)(D)(iv), Sec. 
                                 335.164(7)(E), Sec. 335.164 (7)(E)(i)  
                                 and (7)(E)(ii), Sec. 335.164           
                                 (7)(E)(ii)(I) and (7)(E)(ii)(II), Sec. 
                                 335.164(7)(F), Sec. 335.164(7)(F)(i)-  
                                 (7)(F)(iv), Sec. 335.164(8), Sec.      
                                 335.165(3), Sec. 335.165 (3)(A) and    
                                 (3)(B), Sec. 335.165(4), Sec. 335.165  
                                 (4)(A) and (4)(B), and Sec. 335.165(6)-
                                 (10), all effective October 29, 1990.  
28. Identification and Listing  TSWDA Secs. 361.003; THSC (Vernon 1990),
 of Hazardous Waste; Removal     effective September 1, 1989, as        
 of Iron Dextran from the List   amended; TWC Secs. 5.103, 5.105, and   
 of Hazardous Wastes, October    26.011 (Vernon 1990), effective        
 31, 1988 [53 FR 43878].         September 1, 1985, as amended; and 31  
 (Checklist 56).                 TAC Sec. 335.1, effective August 1,    
                                 1990.                                  
29. Identification and Listing  TSWDA Secs. 361.003(11); THSC (Vernon   
 of Hazardous Waste; Removal     1990), effective September 1, 1989, as 
 of Strontium Sulfide from the   amended; TWC Secs. 5.103, 5.105, and   
 List of Hazardous Wastes,       26.011 (Vernon 1990), effective        
 October 31, 1988 [53 FR         September 1, 1985, as amended; and 31  
 43881]. (Checklist 57).         TAC Sec. 335.1, effective August 1,    
                                 1990.                                  
30. Hazardous Waste             TSWDA Secs. 361.003, 361.024, 361.088;  
 Miscellaneous Units;            THSC (Vernon 1990), effective September
 Standards applicable to         1, 1989, as amended; TWC Secs. 5.103,  
 Owners and Operators, January   5.105, and 26.011 (Vernon 1990),       
 9, 1989 [54 FR 615].            effective September 1, 1985, as        
 (Checklist 59).                 amended; and 31 TAC Sec. 305.50(4),    
                                 effective July 17, 1989.               
31. Amendment to Requirements   TSWDA Secs. 361.003, 361.024, 361.088;  
 for Hazardous Waste             THSC (Vernon 1990), effective September
 Incinerator Permits, January    1, 1989, as amended; TWC Secs. 5.103,  
 30, 1989 [54 FR 9596].          5.105, and 26.011 (Vernon 1990),       
 (Checklist 60).                 effective September 1, 1985, as        
                                 amended; and 31 TAC Sec. 305.174,      
                                 effective October 29, 1990.            
32. Delay of Closure Period     TSWDA Secs. 361.017 and 361.024; THSC   
 for Hazardous Waste             Chapter 361 (Vernon's Supp. 1992),     
 Management Facilities, August   effective September 1, 1989, as        
 14, 1989 [54 FR 33376].         amended; TWC Secs. 5.103, 5.105, and   
 (Checklist 64).                 27.019 (Vernon 1992), effective        
                                 September 1, 1985, as amended; 31 TAC  
                                 Secs. 335.152(a), 335.152(a)(1),       
                                 335.152(a)(5), 335.152(a)(6),          
                                 335.112(a), 335.112(a)(1),             
                                 335.112(a)(6), and 335.112(a)(7), all  
                                 effective December 13, 1991; and 31 TAC
                                 305.69(h), Appendix I, D.1.f.,         
                                 effective October 29, 1990.            
33. Mining Waste Exclusion I,   TSWDA Secs. 361.003, 361.017, and       
 September 1, 1989 [54 FR        361.024; THSC Chapter 361 (Vernon's    
 36592]. (Checklist 65).         Supp. 1992), effective September 1,    
                                 1989, as amended; TWC Secs. 5.103,     
                                 5.105, and 26.011, (Vernon 1992),      
                                 effective September 1, 1985, as        
                                 amended; and 31 TAC 335.1, effective   
                                 August 4, 1989.                        
34. Testing and Monitoring      TSWDA Secs. 361.003, 361.017, and       
 Activities, September 29,       361.024, THSC Chapter 361 (Vernon's    
 1989 [54 FR 40260].             Supp. 1992), effective September 1,    
 (Checklist 67).                 1989, as amended; TWC Secs. 5.103,     
                                 5.105, and 26.011, (Vernon 1992),      
                                 effective September 1, 1985, as        
                                 amended; and 31 TAC Secs. 335.2(j) and 
                                 335.29, both effective November 23,    
                                 1993.                                  
35. Changes to Part 124 Not     TSWDA Secs. 361.017, 361.024, 361.032,  
 Accounted for by Present        361.066, and 361.068; THSC Chapter 361 
 Checklists, June 30, 1983 [48   (Vernon's Supp. 1992), effective       
 FR 30113]; July 26, 1988 [53    September 1, 1989, as amended; TWC     
 FR 28118]; September 26, 1988   Secs. 5.103, 5.105, 26.011, and 27.019 
 [53 FR 37396]; and January 4,   (Vernon 1992), effective September 1,  
 1989 [54 FR 246]. (Checklist    1985, as amended; 31 TAC 281.22,       
 70).                            effective July 14, 1987; 31 TAC Secs.  
                                 305.42, 305.44, 305.62, 305.102,       
                                 305.103, and 305.105, 305.127 (1)(B),  
                                 (2) and (3), 305.142, and 305.144, all 
                                 effective October 29, 1990; 305.143, 31
                                 TAC 305.66, effective April 21, 1989;  
                                 31 TAC Secs. 305.100, 305.101, 305.121,
                                 305.122(a), 305.125, and 305.128, all  
                                 effective October 8, 1990; 31 TAC Secs.
                                 305.123, 305.124, 305.141, 305.142,    
                                 305.143, and 305.146, all effective    
                                 June 19, 1986; and 31 TAC 305.145,     
                                 effective April 8, 1987.               
36. Mining Waste Exclusion II,  TSWDA Secs. 361.003, 361.017, and       
 January 23, 1990 [55 FR         361.024; THSC Chapter 361 (Vernon's    
 2322]. (Checklist 71).          Supp. 1992), effective September 1,    
                                 1989, as amended; TWC Secs. 5.103,     
                                 5.105, and 26.011, (Vernon 1992),      
                                 effective September 1, 1985, as        
                                 amended; 31 TAC 335.1, effective August
                                 4, 1989; and 31 TAC 335.10(a)(6),      
                                 effective November 23, 1993.           
37. Modification of F019        TSWDA Secs. 361.003, 361.017, and       
 Listing, February 14, 1990      361.024, THSC Chapter 361 (Vernon's    
 [55 FR 5340]. (Checklist 72).   Supp. 1992), effective September 1,    
                                 1989, as amended. TWC Secs. 5.103,     
                                 5.105, and 26.011, (Vernon 1992),      
                                 effective September 1, 1985, as        
                                 amended; 31 TAC 335.1, effective August
                                 4, 1989.                               
38. Testing and Monitoring      TSWDA Secs. 361.003, 361.017, and       
 Activities; Technical           361.024, THSC Chapter 361 (Vernon's    
 Corrections, March 9, 1990,     Supp. 1992), effective September 1,    
 [55 FR 8948]. (Checklist 73).   1989, as amended. TWC Secs. 5.103,     
                                 5.105, and 26.011, (Vernon 1992),      
                                 effective September 1, 1985, as        
                                 amended; and 31 TAC Secs. 335.2(j) and 
                                 335.29, effective November 23, 1993.   
39. Criteria for Listing Toxic  TSWDA Secs. 361.003, 361.017, and       
 Wastes; Technical Amendment,    361.024; THSC, Chapter 361 (Vernon's   
 May 4, 1990 [55 FR 18726].      Supp. 1992), effective September 1,    
 (Checklist 76).                 1989, as amended; TWC Secs. 5.103,     
                                 5.105, and 26.011 (Vernon 1992),       
                                 effective September 1, 1985, as        
                                 amended; and 31 TAC 335.1, effective   
                                 August 4, 1989.                        
40. Financial Responsibility;   TSWDA Secs. 361.017 and 361.024, THSC   
 Settlement Agreement            Chapter 361 (Vernon's Supp. 1992),     
 (Amendment to Checklist 24's    effective September 1, 1989, as        
 Optional Designation of         amended; TWC Secs. 5.103, 5.105, and   
 264.113 and 265.113), June      27.019 (Vernon 1992), effective        
 26, 1990 [55 FR 25976].         September 1, 1985, as amended; and 31  
 (Checklist 24A).                TAC Secs. 335.112(a)(6) and            
                                 335.152(a)(5), both effective December 
                                 13, 1991.                              
------------------------------------------------------------------------

    Texas is not authorized to operate the Federal program on Indian 
lands. This authority remains with EPA.

C. Decision

    I conclude that Texas' application for a program revision meets the 
statutory and regulatory requirements established by RCRA. Accordingly, 
Texas is granted final authorization to operate its hazardous waste 
program as revised.
    Texas now has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and for carrying out the aspects 
of the RCRA program described in its revised program application, 
subject to the limitations of the HSWA. Texas also has primary 
enforcement responsibilities, although EPA retains the right to conduct 
inspections under section 3007 of RCRA, and to take enforcement actions 
under sections 3008, 3013 and 7003 of RCRA.

D. Codification in Part 272

    EPA uses 40 CFR part 272 for codification of the decision to 
authorize Texas' program and for incorporation by reference of those 
provisions of Texas' statutes and regulations that EPA will enforce 
under section 3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving 
amendment of 40 CFR part 272, subpart E, until a later date.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Texas' program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. This authorization does not 
impose any new burdens on small entities. This rule, therefore, does 
not require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This 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: March 21, 1994.
Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-8579 Filed 4-8-94; 8:45 am]
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