[Federal Register Volume 59, Number 70 (Tuesday, April 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8735]


[[Page Unknown]]

[Federal Register: April 12, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4856-2]

 

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), and the Environmental Protection Agency (EPA) 
has reviewed Texas' application and decided that its hazardous waste 
program revision satisfies all of the requirements necessary to qualify 
for final authorization. Unless adverse written comments are received 
during the review and comment period provided for public participation 
in this process, 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 27, 
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-94-4, 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 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 FR on March 26, 1985 (see 50 FR 11858). Texas received 
final authorization for revisions to its program in notices published 
in the FR 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 27, 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 FR through June 30, 1991. 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. Petroleum Refinery         Texas Solid Waste Disposal Act (TSWDA),   
 Primary and Secondary Oil/    Chapter 361, Sec. 361.003(15), Sec.      
 Water/Solids Separation       361.017 and Sec. 361.024; Texas Health   
 Sludge Listings (F037 and     and Safety Code (THSC) Ann. (Vernon      
 F038), November 2, 1990 [55   Pamphlet 1992), effective September 1,   
 FR 46354], as amended on      1991, as amended; Title 31 Texas         
 December 17, 1990 [55 FR      Administrative Code (TAC) Chapter 335,   
 51707]. (Checklists 81 and    Sec. 335.1 and Sec. 335.29, both         
 81.1).                        effective March 31, 1992, as amended.    
2. Wood Preserving Listings,  TSWDA, Chapter 361, Sec. 361.003(15), Sec.
 December 6, 1990 [55 FR       361.017 and Sec. 361.024; THSC Ann.,     
 50450]. (Checklist 82).       (Vernon Pamphlet 1992), effective        
                               September 1, 1991, as amended; Title 30  
                               TAC, Chapter 305, Sec. 305.50(4)(a),     
                               effective November 23, 1993; Title 31 TAC
                               Chapter 335, Sec. 335.1 and Sec. 335.29, 
                               both effective March 31, 1992, as        
                               amended; Title 31 TAC Chapter 335, Sec.  
                               335.1 and Sec. 335.29, both effective    
                               September 30, 1992, as amended; and Title
                               31 TAC Chapter 335, Sec. 335.1, Sec.     
                               335.69(a)(1)(iii), Sec. 335.112(a)(9),   
                               Sec. 335.112(a)(20), Sec. 335.152(a)(8), 
                               and Sec. 335.152(a)(14), all effective   
                               November 23, 1993.                       
3. Land Disposal              TSWDA, Chapter 361, Sec. 361.003(15), Sec.
 Restrictions for Third        361.017 and Sec. 361.024; THSC Ann.,     
 Third Scheduled Wastes;       (Vernon Pamphlet 1992), effective        
 Technical Amendments,         September 1, 1991, as amended; Title 31  
 January 31, 1991 [56 FR       TAC, Chapter 335, Sec. 335.1 and Sec.    
 3864]. (Checklist 83).        335.29, both effective March 31, 1992, as
                               amended; Title 31 TAC Chapter 335, Sec.  
                               335.1, effective January 31, 1992 as     
                               amended; Title 31 TAC Chapter 335, Sec.  
                               335.29, effective August 31, 1992, as    
                               amended; Title 31 TAC Chapter 335, Sec.  
                               335.504(2) and Sec. 335.69(f)(4), both   
                               effective November 23, 1993; Title 31 TAC
                               Chapter 335, Sec. 335.152(a)(9)-(a)(12), 
                               Sec. 335.111(c), Sec. 335.112(a)(1), and 
                               Sec. 335.112 (a)(10)-(a)(13), all        
                               effective March 31, 1992, as amended;    
                               Title 31 TAC Chapter 335, Sec. 335.431,  
                               and Sec. 335.431(c), both effective      
                               November 23, 1993.                       
4. Burning of Hazardous       TSWDA Chapter 361, Sec. 361.003(15), Sec. 
 Waste in Boilers and          361.017, and Sec. 361.024; THSC Ann.     
 Industrial Furnaces,          (Vernon Pamphlet 1992), effective        
 February 21, 1991 [56 FR      September 1, 1991, as amended; Title 31  
 7134]. (Checklist 85).        TAC, Chapter 335, Sec. 335.1 and Sec.    
                               335.29, both effective March 31, 1992, as
                               amended; Title 31 TAC, Chapter 335, Sec. 
                               335.221(a)(23), effective July 14 1992,  
                               as amended; Title 31 TAC, Chapter 335,   
                               Sec. 335.1, effective August 22, 1991, as
                               amended; Title 31 TAC, Chapter 305, Sec. 
                               305.50(4), Sec. 305.50(13), Sec.         
                               305.69(h), Sec. 305.571, Sec. 305.572,   
                               Sec. 305.573, Sec. 305.51(a)(5), Sec.    
                               305.51(c)(7), and Sec. 335.2(c), all     
                               effective July 29, 1992, as amended;     
                               Title 31 TAC Sec. 335.1, effective       
                               January 31, 1992, as amended; Title 31   
                               TAC Sec. 335.2(j), effective November 23,
                               1993; Title 31 TAC Sec. 335.6 and Sec.   
                               335.6 (i)(1)-(i)(3), Sec. 335.24(c), Sec.
                               335.152(a)(5), Sec. 335.152(a)(13), Sec. 
                               335.112(a)(6), Sec. 335.112(a)(14), Sec. 
                               335.221 (a)(1)-(a)(23), Sec. 335.221(b), 
                               Sec. 335.222 (a)-(c), Sec. 335.223 (a)(1)-
                               (a)(8), Sec. 335.223(b), Sec. 335.224 (1)-
                               (2), Sec. 335.224 (3)(A)-(3)(E), Sec.    
                               335.224(4), Sec. 335.224 (5)(A)-(5)(J),  
                               Sec. 335.224 (6)-(8), Sec. 335.224 (11)- 
                               (14), and Sec. 335.225(a), all effective 
                               July 29, 1992, as amended.               
5. Removal of Strontium       TSWDA, Chapter 361, Sec. 361.003(15), Sec.
 Sulfide from the List of      361.017 and Sec. 361.024; THSC Ann.,     
 Hazardous Wastes; Technical   (Vernon Pamphlet 1992), effective        
 Amendment, February 25,       September 1, 1991, as amended; Title 31  
 1991 [55 FR 7567].            TAC, Chapter 335, Sec. 335.1 and Sec.    
 (Checklist 86).               335.29, both effective March 31, 1992, as
                               amended.                                 
6. Organic Air Emission       TSWDA, Chapter 361, Sec. 361.003(15); THSC
 Standards for process Vents   Ann., (Vernon Pamphlet 1992), effective  
 and Equipment Leaks;          September 1, 1991, as amended; Title 31  
 Technical Amendment, April    TAC, Chapter 335, Sec. 335.152(a)(1),    
 26, 1991 [56 FR 19290].       Sec. 335.152(a)(4), Sec. 335.152(a)(16), 
 (Checklist 87).               and Sec. 335.152(a)(17), all effective   
                               August 31, 1992, as amended; Title 31 TAC
                               Chapter 335, Sec. 335.112(a)(1), Sec.    
                               335.112(a)(4), Sec. 335.112(a)(19), and  
                               Sec. 335.112(a)(20), all effective August
                               31,1992, as amended; Title 31 TAC Chapter
                               305, Sec. 305.50(4)(A), effective March  
                               31, 1992, as amended.                    
7. Mining Waste Exclusion     TSWDA, Chapter 361, Sec. 361.003(15), Sec.
 III June 13, 1991 [56 FR      361.017, and Sec. 361.024; THSC Ann.,    
 27300]. (Checklist 90).       (Vernon Pamphlet 1992), effective        
                               September 1, 1991, as amended; Title 31  
                               TAC, Chapter 335, Sec. 335.1 and Sec.    
                               335.29, both effective March 31, 1992, as
                               amended.                                 
------------------------------------------------------------------------

    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 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 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 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 21, 1994.
Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-8735 Filed 4-11-94; 8:45 am]
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