[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)] [Rules and Regulations] [Pages 47947-47954] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-24239] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL-5892-1] Texas: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency. ACTION: Immediate final rule. SUMMARY: The State of Texas has applied for final authorization to revise to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA [[Page 47948]] reviewed Texas' application and determined 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 (HSWA). Texas' application for the program revision is available for public review and comment. DATES: This final authorization for Texas shall be effective November 26, 1997 unless EPA publishes a prior (FR) action withdrawing this immediate final rule. All comments on Texas' program revision application must be received by the close of business October 27, 1997. 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, Texas 78711-3087, and 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-97-2, should be sent to Alima Patterson, Region 6 Authorization Coordinator, Grants and Authorization Section (6PD-G), Multimedia Planning and Permitting Division, EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, Phone number: (214) 655-8533. FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Authorization Coordinator, Grants and Authorization Section (6P-G), Multimedia Planning and Permitting Division, EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, Phone number: (214) 655-8533. SUPPLEMENTARY INFORMATION: A. Background States with final authorization under section 3006(b) RCRA 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. 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 Code of Federal Regulations (CFR) 124, 260-262, 263, 265, 266, 268, 270 and 279. B. Texas Texas received final authorization to implement its hazardous waste management program on December 12, 1984, effective December 26, 1984 (49 FR 48300). This authorization was clarified in a notice published in the FR on March 26, 1985 (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 (51 FR 3952), on December 18, 1986, effective February 17, 1987 (51 FR 45320), on March 1, 1990, effective March 15, 1990 (55 FR 7318), on May 24, 1990, effective July 23, 1990 (55 FR 21383), on August 22, 1991, effective October 21, 1991 (56 FR 41626), on October 5, 1992, effective December 4, 1992 (57 FR 45719) and on April 12, 1994, effective June 27, 1994. On August 19, 1996, and March 20, 1997, the Texas Natural Resource Conservation Commission (TNRCC) submitted a final complete program revision application for additional program approvals. In 1991, Texas Senate Bill 2 created the 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). TNRCC has authority to incorporate Federal rules by reference and to adopt hazardous waste rules in general pursuant to the following statutory provisions. See Texas Water Code Annotated section 5.103 (Vernon 1988 and Supplement 1996), effective September 1, 1995, as amended, which authorizes TNRCC to adopt any rules it deems necessary to carry out its powers and duties; (2) Texas Health and Safety Code section 361.024 (Vernon 1992 and Supplement 1996), effective September 1, 1995, as amended, which authorizes TNRCC to adopt rules to establish minimum standards of operation for the management and control of solid waste; and (3) Texas Health and Safety Code section 361.078 (Vernon 1992), effective September 1, 1989, which specifically recognizes the TNRCC's authority to adopt hazardous waste rules and to issue and enforce permits to the extent necessary to receive and maintain RCRA authorization. (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). The EPA reviewed TNRCC's application, and made an immediate final decision that TNRCC's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. Consequently, the 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 October 27, 1997. 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 TNRCC's 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, 260-263, 264, 265- 266, 270 and 279 that were published in the FR from June 30, 1992 through June 30, 1994. 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. [[Page 47949]] ------------------------------------------------------------------------ Federal citation State analog ------------------------------------------------------------------------ 1. Wood Preserving Listing; Texas Solid Waste Disposal Act (TSWDA), Technical Correction, July and Texas Health and Safety Code (THSC) 1, 1991 (56 FR 30192). Annotate Secs. 361.003(34), 361.024 (Checklist 92). (Vernon 1992 and Supplement 1996), effective September 1, 1995, as amended; TSWDA and THSC Sec. 361.078 (Vernon 1992), Title 30 Texas Administrative Code (TAC) Chapter Sec. 335.1, March 1, 1996, as amended, Sec. 335.1 effective July 14, 1987, TSWDA and THSC Sec. Title 30 TAC Secs. 335.69(a)(1), 335.69(a)(1)(A), 335.69(a)(1)(B), 335.69(a)(1)(C), 335.69(a)(2), 335.69(a)(3), and 335.69(a)(4), effective February 26, 1996, Title 30 TAC Secs. 335.152(a)(15) 335.112(a)(18), and TAC Sec. 305.50(4)(A) effective November 23, 1993. 2. Burning of Hazardous Waste TSWDA, Chapter 361, Secs. 361.003(12), in Boilers and Industrial 361.061, 361.064 THSC Ann., (Vernon 1992 Furnaces; Corrections and and Supplement 1996), effective Technical Amendments I, July September 1, 1995, as amended; TSWDA and 17, 1991 (56 FR 32688). THSC Sec. 361.032 (Vernon Supplement (Checklist 94). 1996), effective August 28, 1995, as amended, TSWDA and THSC Secs. 361.036, 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 305.50(4)(A), effective November 23, 1993, Sec. 305.69(d)(1)(D), effective February 26, 1996, as amended, Title 30 TAC 305.69(h)(1), effective February 22, 1994, as amended, Sec. 335.69(h)(1)(A), Title 30 TAC Sec. 305.69(h)(1)(D), effective February 26, 1996, as amended, Title 30 TAC 305.69(i), L.5, effective July 29, 1992, as amended, Title 30 TAC Secs. 305.572(1), 305.572(2), and 305.572(5), effective July 29, 1992, as amended, November 23, 1993, as amended, Title 30 TAC Sec. 305.42(b), effective October 29, 1990, as amended and Title 30 TAC Sec. 335.43(b), effective November 7, 1991, as amended, Title 30 TAC Sec. 335.24(b), effective September 1, 1986, Title 30 TAC Sec. 335.24(b)(2), effective September 1, 1986, Title 30 TAC Sec. 335.112(a)(112)(a)(15), TAC Secs. 335.221(b)(1), effective March 6, 1996, as amended, 335.221(b)(3), effective July 29, 1992, as amended, Title 30 TAC Sec. 335.221(b)(2), effective March 1, 1996, and 1992, as amended, Secs. 335.221(a)(3), 335.221(a)(5), 335.221(a)(6), 335.221(a)(7), 335.221(a)(10), 335.221(a)(11), 335.221(a)(15), 335.221(a)(17), 335.221(a)(13), 335.221(a)(18), 335.221(a)(19), 335.221(a)(20), 335.221(a)(21), 335.221(a)(23), effective March 1, 1996, as amended, Title 30 TAC Sec. 335.224(5), effective February 26, 1996, Title 30 TAC Sec. 335.24(b), effective September 1, 1996, as amended, Title 30 Sec. 335.24(b)(2), effective September 1, 1986, Title 30 TAC Sec. 335.112(a)(15), effective November 23, 1993, as amended, Title 30 TAC Secs. 335.221(a), 335.221(a) (1) and (9) effective March 1, 1996, as amended, Title 30 TAC Sec. 335.112(a)(6), effective February 26, 1996, as amended, Title 30 TAC Secs. 335.224(5)(H), 335.224(5)(H)(i), and 335.224(5)(H)(ii), effective February 26, 1996, as amended, Title 30 TAC Sec. 335.224(7), effective November 23, 1993, as amended, Title 30 TAC Sec. 335.224(14), effective February 26, 1996, as amended, Title 30 TAC Secs. 335.221(a)(4), and 335.221(a)(22), effective March 1, 1996, as amended, Title 30 TAC Sec. 335.1, effective February 26, 1996, as amended, Title 30 TAC Sec. 20.15, effective June 6, 1996, Title 30 TAC 335.41(g), effective March 6, 1996, as amended, Title 30 TAC Sec. 335.222(c)(1), effective July 29, 1992, as amended, and Title 30 TAC Sec. 335.222(c)(2), effective February 26, 1996, as amended. 3. Land Disposal Restrictions TSWDA Chapter 361 Sec. 361.003(12), for Electric Arc Furnace 361.024 (Vernon 1992 & Supp. 1996), Dust (K061), August 19, 1991 effective September 1, 1995, as amended, (56 FR 41164). (Checklist TSWDA Chapter 361, THSC Sec. 95). 361.078(Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 335.1 effective March 1, 1996, as amended, Sec. 335.431(c)(1), effective March 22, 1995, as amended. 4. Burning of Hazardous Waste TSDWA Chapter 361, THSC Secs. in Boilers and Industrial 361.003(34), 361.024(Vernon 1992 & Supp. Furnaces; Technical 1996) effective September 1, 1995, as Amendments II, August 27, amended, TSDWA, THSC Sec. 1991 (56 FR 42504). 361.078(Vernon 1992), effective (Checklist 96). September 1, 1989, Title 30 TAC Sec. 335.1, effective March 1, 1996, as amended, TSWDA, THSC Secs. 361.003(12), 361.024, 361.061(Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA, THSC Sec. 361.032(Vernon Supp 1996), effective August 28, 1995, as amended,TSWDA, THSC Secs. 361.036, 361.078(Vernon 1992), effective September 1, 1989, TAC Sec. 2001.021 Texas Government Code Ann.(Vernon Supp 1996) effective September 1, 1993, Title 30 TAC Secs. 335.24(b), 335.24(b)(2), effective September 1, 1986, Sec. 335.112(a)(15), effective November 23, 1993, as amended, Sec. 335.221(b)(1), effective March 6, 1996, as amended, Sec. 335.221(b)(3), effective July 29, 1992, as amended, Sec. 335.221(b)(2), effective March 1, 1996, 1992, as amended, Secs. 335.221(a) (3), (5), (6), (7), (10), (11), (13), (15), (17), (18), (19), (20), (21), (23), Sec. 335.221(a) effective March 1, 1996, Sec. 335.224(5), effective February 26, 1996, Sec. 335.223(b), effective July 29, 1992, as amended, Sec. 335.112(a)(6), effective February 26, 1996, Sec. 335.112(a) (1), (9), effective March 1, 1996, Secs. 335.224(5)(H), (i)-(ii), effective February 26, 1996, Sec. 335.224(7), effective November 23, 1993, Sec. 335,224(14), effective February 26, 1996, Sec. 335.221(a)(22), effective March 1, 1996, Sec. 335.1, effective February 26, 1996, Sec. 20.15, effective June 6, 1996, Sec. 335.41(g), effective March 6, 1996, Sec. 335.222(c)(1), July 29, 1992, and Sec. 335.222(c)(2), effective February 26, 1996 as amended. 5. Exports of Hazardous TSWDA, THSC Sec. 361.024(Vernon 1992 & Waste; Technical Supp. 1996), effective September 1, Corrections, September 4, 1995, as amended, TSWDA, THSC Secs. 1991 (56 FR 43704). 361.036, 361.078(Vernon 1992), effective (Checklist 97). September 1, 1989; Title 30 TAC Sec. 335.76(b)(1), effective July 27, 1988, as amended, Sec. 335.9, effective March 1, 1996, as amended. 6. Amendments to Interim Tex. Water Code Ann. Sec. 5.103(Vernon Status Standards for 1988 & Supp. 1996), effective September Downgradient Ground-Water 1, 1995, as amended; TSWDA, THSC Secs. Monitoring Well Locations at 361.024 (Vernon 1992 & Supp.1996), Hazardous Waste Facilities, effective September 1, 1995, as amended; (56 FR 66365-66369) December TSWDA, THSC Sec. 361.078(Vernon 1992), 23, 1991. (Checklist 99). effective September 1, 1989; Title 30 TAC Sec. 335.1, effective January 26, 1994, as amended, and Sec. 335.112(a)(5), effective February 26, 1996, as amended. [[Page 47950]] 7. Liners and Leak Detection Texas Water Code Ann. Sec. 5.103 (Vernon Systems for Hazardous Waste 1988 & Supp. 1996), effective September Land Disposal Units, (57 FR 1, 1995, as amended; TSWDA Chapter 361, 3462-3497) January 29, 1992. Sec. 361.024, THSC (Vernon 1992 & Supp. (Checklist 100). 1996), effective September 1, 1995, as amended; TSWDA Chapter 361, Sec. 361.078 THSC (Vernon 1992) effective September 1, 1989; Title 30 TAC Secs. 305.122(a), 305.122(a)(1), 305.122(a)(2), Sec. 305.50(4)(A), effective November 23, 1993; Sec. 305.122(a)(3), Sec. 305.69(i), B, H, J effective February 26, 1996; Secs. 335.1, 335.152(a)(1), 335.152(a)(4), 335.168(c)-(f), 335.168(g)-(i), 335.152(a) (9), 335.169(b)(2)-(4), 335.170(c)-(d), (1)-(2), 335.170(e), 335.170(f), (1)-(2), 335.170(g)-(k), 335.152(a)(10), 335.173 (c)-(d), 335.173(d) (1)-(2), 335.173(f), (1)-(2), 335.173 (g)-(k), 335.152(a)(12), 335.174(b) (3)-(6), 335.112(a)(1), 335.112(a)(4), 335.112(a) (10)-(11), 335.112(a)(13), effective February 26, 1996; Sec. 335.124 (a)-(d), effective May 28, 1986; The State rule provisions in 30 TAC Sec. 335.124(a)-(d) are more stringent than their federal counterparts 40 CFR Secs. 265.301(f)- (i) in two parts: (1) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from a 100-year, rather, rather than a 25-year, storm; and (2) the owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 100 year storm, rather than a 24-hour, 25 year- storm. 8. Second Correction to the TSWDA, THSC Secs. 361.003(12), 361.024 Third Third Land Disposal (Vernon 1992 & Supp. 1996), effective Restrictions, March 6, 1992 September 1, 1995, as amended; TSWDA, (57 FR 8086). (Checklist THSC Sec. 361.078 (Vernon 1992), 102). effective September 1, 1989; Title 30 TAC Secs. 335.152(a)(1), and 335.112(a)(1), effective February 26, 1996, as amended, and Sec. 335.431(c)(1), effective March 22, 1995, as amended. 9. Hazardous Debris Case-by- TSWDA, THSC Sec. 361.024 (Vernon 1992 & Case Capacity Variance, (57 Supp. 1996), effective September 1, FR 20766-20770) May 15, 1995, as amended TSWDA, THSC Sec. 1992. (Checklist 103). 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 335.431(c)(1), effective March 22, 1995, as amended. 10. Used Oil Filter TSWDA, THSC Secs. 361.003(12), 361.024 Exclusion, (57 FR 21524- (Vernon 1992 & Supp. 1996), effective 21534) May 20, 1992. September 1, 1995, as amended, TSWDA, (Checklist 104). THSC Sec. 361.078 (Vernon 1992), effective September 1, 1989, THSC, Sec. 371.028 (Vernon Supp. 1996), effective September 1, 1995, as amended, Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended. 11. Recycled Coke By-Product TSWDA, THSC Secs. 361.003(34), 361.024 Exclusion, (57 FR 27880- (Vernon 1992 & Supp. 1996), effective 27888) June 22, 1992. September 1, 1995, as amended, TSWDA, (Checklist 105). THSC, Sec. 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 335.1, effective March 1, 1996, as amended, TSWDA, THSC, Sec. 361.003(12), 361.024, 361.061 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA, THSC, Sec. 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 335.221(a)(1), effective March 1, 1996, as amended. 12. Lead-bearing Hazardous SWDA, THSC, Sec. 361.024 (Vernon 1992 & Materials Case-by-Case Supp. 1996), effective September 1, Capacity Variance, (57 FR 1995, as amended, TSWDA, THSC, Sec. 28628-28632) June 26, 1992. 361.078 (Vernon 1992), effective (Checklist 106). September 1, 1989, Title 30 TAC Sec. 335.431(c)(1), effective March 22, 1995, as amended. 13. Used Oil Filter TSWDA, THSC Secs. 361.003(12), 361.024 Exclusion; Technical (Vernon 1992 & Supp. 1996), effective Corrections, (57 FR 29220) September 1, 1995, as amended,TSWDA, July 1, 1992. (Checklist THSC Sec. 361.078 (Vernon 1992), 107). effective September 1, 1989, THSC, Sec. 371.028 (Vernon Supp. 1996), effective September 1, 1995, as amended, Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended. 14. Toxicity Characteristic TSWDA, THSC Secs. 361.003(12), 361.024, Revisions; Technical 361.061, (Vernon 1992 & Supp. 1996), Corrections, (57 FR 30657- effective September 1, 1995, as amended, 30658) July 10, 1992. TSWDA, THSC Sec. 361.078 (Vernon 1992), (Checklist 108). effective September 1, 1989, THSC, Sec. 371.078 (Vernon Supp. 1992), effective September 1, 1989, as amended, Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended, Title 30 TAC Sec. 335.112(a)(13), effective February 26, 1996, as amended. 15. Land Disposal TSWDA, THSC, Secs. 361.003(12), 361.024, Restrictions for Newly 361.064, (Vernon 1992 & Supp. 1996), Listed Wastes and Hazardous effective September 1, 1995, as amended, Debris, (57 FR 37194-37282) TSWDA, THSC, Sec. 361.078 (Vernon August 18, 1992. (Checklist 1992), effective 1992 & Supp. 1996), 109). effective September 1, 1995, as amended, TSWDA, THSC Sec. 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 355.1, effective July 14, 1987, as amended, Title 30 TAC Sec. 335.431(c)(1), effective March 22, 1995, as amended, Title 30 TAC Sec. 305.50(4)(A), effective November 23, 1993, as amended, TSWDA, THSC, Secs. 361.024 (Vernon 1992 & Supp 1996), effective September 1, 1995, as amended, TSWDA, THSC Sec. 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 335.1, effective February 26, 1996, as amended, Title 30 TAC Sec. 335.69(a)(1)(C), effective February 26, 1996, as amended, Title 30 TAC Sec. 335.69(a)(1)(D), Title 30, TAC Sec. 335.69(a)(1)(D)(i)-(ii), Title 30 TAC Sec. 335.69(a)(2), Title 30 TAC Sec. 335.152(a)(5)-(6), Title 30 TAC Sec. 335.152(a)(19), Title 30 TAC Sec. 335.112(a)(6), Title 30 TAC Sec. 335.118(b), Title 30 TAC Secs. 335.112(a)(10) and (21), effective February 26, 1996, as amended, Title 30 TAC Sec. 335.431(c)(1), effective March 22, 1995, as amended, Title 30 TAC Sec. 305.69(f)(5)(B)(ii), Title 30 TAC Sec. 305.69(i), I.6, Title 30 TAC Sec. 305.69(i),(N), Title 30 TAC Sec. 305.51(c)(6), effective February 26, 1996. 16. Coke By-Products TSWDA, THSC, Secs. 361.003(12), 361.024 Listings, (57 FR 37284- (Vernon 1992 * Supp. 1996), effective 37306) August 18, 1992. September 1, 1995, as amende, TSWDA, (Checklist 110). THSC Sec. 361.078 (Vernon 1992), effective September 1, 1989, as amended, Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended, Title 30 TAC Sec. 335.29(4), effective February 26, 1996, as amended. [[Page 47951]] 17. Burning of Hazardous TSDWA Chapter 361, THSC Secs. Waste in Boilers and 361.003(34), 361.024(Vernon 1992 & Supp. Industrial Furnaces; 1996) effective September 1, 1995, as Technical Amendment III, [57 amended, TSDWA, THSC Sec. FR 38558-38566] August 25, 361.078(Vernon 1992), effective 1992. (Checklist 111). September 1, 1989, Title 30 TAC Sec. 335.1, effective March 1, 1996, as amended, TSWDA, THSC Secs. 361.003(12), 361.024, 361.061(Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA, THSC Sec. 361.032(Vernon Supp 1996), effective August 28, 1995, as amended,TSWDA, THSC Secs. 361.036, 361.078(Vernon 1992), effective September 1, 1989, TAC Sec. 2001.021 Texas Government Code Ann.(Vernon Supp 1996) effective September 1, 1993, Title 30 TAC Secs. 335.24(b), 335.24(b)(2), effective September 1, 1986, Sec. 335.112(a)(15), Sec. 335.221(b)(2), effective March 1, 1996, 1992, as amended, Secs. 335.221(a)(3), (5), (6), (7), (10), (11), (13), (15), (17), (18), (19), (20), (21), (23), Sec. 335.221(a) effective March 1, 1996, Sec. 335.224(5), effective February 26,1996, Sec. 335.223(b), effective July 29, 1992, as amended, Sec. 335.112(a)(6), effective February 26, 1996, Sec. 335.112(a)(1), (9), effective March 1, 1996, Secs. 335.224(5)(H), (i)-(ii), effective February 26, 1996, Sec. 335.224(7), effective November 23, 1993, Sec. 335,224(14), effective February 26, 1996, Sec. 335.221(a)(22), effective March 1, 1996, Sec. 335.1, effective February 26, 1996, Sec. 20.15, effective June 6, 1996, Sec. 335.41(g), effective March 6,1996, Sec. 335.222(c)(1), July 29, 1992, and Sec. 335.222(c)(2), effective February 26, 1996 as amended. 18. Consolidated Liability TSWDA, THSC, Secs. 361.024, 361.085 Requirements, (53 FR 33938- (Vernon 1992 Supp. 1996), effective 33960) July 1, 1991, and [57 September 1, 1995, as amended, TSWDA, FR 42832-42844] September THSC Sec. 361.078(Vernon 1992), 16, 1992. (Checklists 113, effective September 1, 1989; Title 30 113.1, & 113.2). TAC Secs. 335.1(a)(7), 335.152(a)(6), 335.152(a)(6)(C), effective February 26, 1996, as amended, Title 30 TAC Secs. 335.112(a)(7), 335.152(a)(6), effective February 26, 1996, as amended, Title 30 TAC Secs. 335.112(a)(7), 335.152(a)(6), effective February 26, 1996, as amended. 19. Burning of Hazardous TSDWA Chapter 361, THSC Secs. Waste in Boilers and 361.003(34), 361.024(Vernon 1992 & Supp. Industrial Furnaces; 1996) effective September 1, 1995, as Technical Amendment IV, (57 amended, TSDWA, THSC Sec. FR 44999-45001) September 361.078(Vernon 1992), effective 30, 1992. (Checklist 114). September 1, 1989, Title 30 TAC Sec. 335.1, effective March 1, 1996, as amended, TSWDA, THSC Secs. 361.003(12), 361.024, 361.061(Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA, THSC Sec. 361.032(Vernon Supp 1996), effective August 28, 1995, as amended,TSWDA, THSC Secs. 361.036, 361.078(Vernon 1992), effective September 1, 1989, TAC Sec. 2001.021 Texas Government Code Ann.(Vernon Supp 1996) effective September 1, 1993, Title 30 TAC Secs. 335.24(b), 335.24(b)(2), effective September 1, 1986, Sec. 335.112(a)(15), Sec. 335.221(b)(2), effective March 1, 1996, 1992, as amended, Secs. 335.221(a) (3), (5), (6), (7), (10), (11), (13), (15), (17), (18), (19), (20), (21), (23), Sec. 335.221(a) effective March 1, 1996, Sec. 335.224(5), effective February 26,1996, Sec. 335.223(b), effective July 29, 1992, as amended, Sec. 335.112(a)(6), effective February 26, 1996, Sec. 335.112(a)(1), (9), effective March 1, 1996, Secs. 335.224(5)(H), (i)-(ii), effective February 26, 1996, Sec. 335.224(7), effective November 23, 1993, Sec. 335,224(14), effective February 26, 1996,Sec. 335.221(a)(22), effective March 1, 1996, Sec. 335.1, effective February 26, 1996, Sec. 20.15, effective June 6, 1996, Sec. 335.41(g), effective March 6,1996, Sec. 335.222(c)(1), July 29, 1992, and Sec. 335.222(c)(2), effective February 26, 1996 as amended. 20. Chlorinated Teluenes TSWDA, THSC, Secs. 361.003(12), 361.024 Production Waste Listing, (Vernon 1992 * Supp. 1996), effective (57 FR 47376-47386) October September 1, 1995, as amende, TSWDA, 15, 1992. (Checklist 115). THSC Sec. 361.078 (Vernon 1992), effective September 1, 1989, as amended, Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended, Title 30 TAC Sec. 335.29(4), effective February 26, 1996, as amended. 21. Hazardous Soil Case-By- TSWDA, THSC Sec. 361.024 (Vernon 1992 & Case Capacity Variance, (57 Supp. 1996), effective September 1, FR 47772-47776) October 20, 1995, as amended TSWDA, THSC Sec. 1992. (Checklist 116). 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC Sec. 335.431(c)(1), effective March 22, 1995, as amended. 22. ``Mixture'' and ``Derived- TSWDA, THSC Secs. 361.003(12), 361.024, From'' Rules; Response to 361.061 (Vernon 1992 & Supp. 1996), court Remand, (57 FR 7628- effective September 1, 1995, as amended, 7633) March 3, 1992. TSWDA, THSC, Sec. 361.078 (Vernon (Checklist 117A, 117A.1, 1992), effective September 1, 1989; 117A.2). Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended. 23. Toxicity Characteristic TSWDA, THSC, Secs. 361.003(12), 361.024, Amendment, (57 FR 23062- 361.061 (Vernon 1992 & Supp. 1996), 23063) June 1, 1992. effective September 1, 1995, as amended, (Checklist 117B). TSWDA, THSC, Sec. 361.078 (Vernon 1992), effective September 1, 1989; Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended. 24. Liquids in Landfills II, TSWDA, THSC, Sec. 361.078 (Vernon 1992), (57 FR 54452-54461) November effective September 1, 1989; Title 30 18, 1992. (Checklist 118). TAC Secs. 335.1, 335.152(a)(1), 335.175 (a)-(b), 335.175, 335.175(d), 335.175(d)(1)-(2), 335.152(a)(12), 335.112(a)(1),335.125 (a)-(b), 335.125, effective February 26, 1996, as amended, 335.125(f), 335.125(f)(1)-(2), effective May 28, 1986, and 335.112(a)(13), effective February 26, 1996, as amended. The State law is more stringent than federal law in that state regulations do not permit disposal in landfills of free liquids even if a sorbent has been applied to the liquids. 25. Toxicity Characteristic TSDWA, THSC, Secs. 361.003(12), 361.024 Revision; TCLP Correction, (Vernon 1992 & Supp. 1996), effective (57 FR 55114-55117) November September 1, 1995, as amended, TSWDA, 24, 1992. (Checklist 119 & THSC, Sec. 361.078 (Vernon 1992), 119.1)). effective September 1, 1989; Title 30 TAC Sec. 335.29(2), effective February 26, 1996, as amended. 26. Wood Preserving; TSWDA, THSC, Secs. 361.003(12), 361.024 Revisions to Listings and (Vernon 1992 * Supp. 1996), effective Technical Requirements, (57 September 1, 1995, as amended, TSWDA, FR 61492-61505) December 24, THSC Sec. 361.078 (Vernon 1992), 1992. (Checklist 120). effective September 1, 1989, as amended, Title 30 TAC Sec. 335.1, effective July 14, 1987, as amended, Title 30 TAC Sec. 335.29(4), effective February 26, 1996, as amended. Texas Solid Waste Disposal Act (TSWDA), and Texas Health and Safety Code (THSC) Annotated Secs. 361.003(34), 361.024 (Vernon 1992 and Supplement 1996), effective September 1, 1995, as amended; TSWDA and THSC Sec. 361.078 (Vernon 1992), Title 30 Texas Administrative Code (TAC) Chapter Sec. 335.1, March 1, 1996, as amended, Sec. 335.1 effective July 14, 1987, Title 30 TAC Secs. 335.152(a)(15) 335.112(a)(18), effective November 23, 1993. [[Page 47952]] 27. Corrective Action TSWDA, THSC Secs. 361.024, 361.061 Management Units and (Vernon 1992 & Supp. 1996), effective Temporary Units, (58 FR 8658- September 1, 1995, as amended, TSWDA, 8685) February 16, 1993. THSC Sec. 361.032 (Vernon Supp. 1996), (Checklist 121). effective August 28, 1995, as amended, Title 30 TAC Secs. 335.1, 335.151(c), 335.167(b), 335.152(a)(14), 335.111(a), 305.2, 305.69(i), effective February 22, 1994, and Sec. 335.431(c)(1), effective March 22, 1995. 28. Recycled Used Oil Texas Used Oil Collection, Management, Management Standards, (57 FR and Recycling Act, Chapter 371, THSC 41566) September 10, 1992, (Vernon Supp 1992), effective September (58 FR 26420) May 3, 1993, 1, 1995, as amended (H&SC); Title 30 TAC (58 FR 33341) June 17, 1993, Chapter 324, Secs. 324.1, effective (59 FR 10550) March 4, 1994. March 6, 1996, Secs. 335.6(j), (Checklists 112, 122, 122.1 335.24(b), 335.24(c), 335.41(g), and 130). 335.78(j), 335.221(b)(1), 335.504(1), 335.504(4), Secs. 324.1, 324.2, 324.3, and 324.4, effective March 6, 1996. The Texas Used Oil Collection, Management, and Recycling Act in 30 TAC Chapter 324 Subchapter A are more stringent then the federal program for management of used oil. THSC Sec. 371.041(b)(4) expressly prohibits the intentional application of used oil to roads or land for dust suppression without exception. The Code allows Do-it-Yourself Used Oil Collection center that is also a used oil generator to commingle household DIY oil with the used oil it generates. The code also requires a DIY used oil collection center to register biennially and report annually the amount of household used oil collected. 29. Land Disposal TSWDA, THSC Sec. 361.024 (Vernon 1992 & Restrictions; Renewal of the Supp. 1996), effective September 1, Hazardous Waste Debris Case- 1995, as amended TSWDA, THSC Sec. by-Case Capacity Variance, 361.078 (Vernon 1992), effective (58 FR 28506-28511) May 14, September 1, 1989, Title 30 TAC Sec. 1993. (Checklist 123). 335.431(c)(1), effective March 22, 1995, as amended. 30. Land Disposal TSWDA, THSC, Secs. 361.024, 361.064 Restrictions for Ignitable (Vernon 1992 & Supp. 1996), effective and Corrosive Characteristic September 1, 1995, as amended, TSWDA, Wastes Whose Treatment THSC, Sec. 361.078 (Vernon 1992), Standards Were Vacated, (58 effective September 1, 1989; Title 30 FR 29860-29887) May 24, TAC Secs. 335.41(d)(1), 335.431(c)(1) 1993. (Checklist 124). effective March 22, 1995, as amended, and Title 30 TAC Sec. 305.69(i), B, effective February 26, 1996, as amended. 31. Requirements for Tex. Water Code Ann. Sec. 5.103 (Vernon Preparation, Adoption, and 1988 & Supp. 1996), effective September Submittal of Implementation 1, 1995, as amended; TSWDA Chapter 361, Plans, (58 FR 38816-38884) Sec. 361.024, THSC (Vernon 1992) & July 20, 1993. (Checklist Supp. 1996) effective September 1, 1989; 125). Title 30 TAC Secs. 335.31, 335.221(a)(15), 335.221(17), and 335.221(a), effective November 20, 1996, as amended. 32. Testing and Monitoring Tex. Water Code Ann. Sec. 5.103 (Vernon Activities, (58 FR 46040- 1988 & Supp. 1996), effective September 46051), August 31, 1993. 1, 1995, as amended; TSWDA Chapter 361, (Checklist 126). Sec. 361.024, THSC (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA Chapter 361 Sec. 361.078 THSC (Vernon 1992), effective September 1, 1989; TSWDA Chapter 361, Sec. 361.003, THSC (Vernon 1992), effective September 1, 1991, as amended; Title 30 TAC Sec. 335.1 effective January 26, 1994, as amended; Secs. 335.30, 335.29 (2)-(3), 335.152(a)(8), 335.175(c), 335.112(a)(9), 335.125(d), 335.431(c) (1),(3), 305.150, 305.172(2)(A) (iii)- (iv), 305.572(2), effective November 20, 1996, as amended, and 305.50(A), effective November 23, 1993. 33. Boilers and Industrial Tex. Water Code Ann. Sec. 5.103 (Vernon Furnaces; Administrative 1988 & Supp. 1996), effective September Stay and Interim Standards 1, 1995, as amended; TSWDA Chapter 361, for Bevill Residues, (58 FR Sec. 361.024, THSC (Vernon 1992 & Supp. 59598-59603) November 9, 1996), effective September 1, 1995, as 1993. (Checklist 127). amended TSWDA Chapter 361, Sec. 361.078 THSC (Vernon 1992), effective September 1, 1989; Title 30 TAC Secs. 335.221(a)(23), and 335.221(a) effective November 20, 1996, as amended. 34. Wastes From the Use of Tex. Water Code Ann. Sec. 5.103 (Vernon Chlorophenolic Formulations 1988 & Supp. 1996), effective September in Wood Surface Protection, 1, 1995, as amended; TSWDA, Chapter 361, (59 FR 458-469) January 4, Sec. 361.024, THSC (Vernon 1992 & Supp. 1994. (Checklist 128). 1996), effective September 1, 1995, as amended; TSWDA, Chapter 361, Sec. 361.078 THSC (Vernon 1992) effective September 1, 1989; Title 30 TAC Secs. 335.29(5) and 335.30, effective November 20, 1996. 35. Recordkeeping Tex. Water Code Ann. Sec. 5.103 (Vernon Instructions; Technical 1988 & Supp. 1996), effective September Amendment, (59 FR 13891- 1, 1995, as amended; TSWDA, Chapter 361, 13893) March 24, 1994. Sec. 361.024, THSC (Vernon 1992 & Supp. (Checklist 131). 1996), effective September 1, 1995, as amended; TSWDA Chapter 361, Sec. 361.078, THSC (Vernon 1992), effective September 1, 1989; Title 30 TAC Secs. 335.152(a)(19)(A), and 335.112(a)(21)(A), effective November 20, 1996. 36. Wood Surface Protection; Tex. Water Code Ann. Sec. 5.103 (Vernon Correction, (59 FR 28484) 1988 & Supp. 1996), effective September June 2, 1994. (Checklist 1, 1995, as amended; TSWDA, Chapter 361, 132). Sec. 361.024, THSC (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended; TSWDA, Chapter 361, Sec. 361.078 THSC (Vernon 1992) effective September 1, 1989; Title 30 TAC Secs. 335.29(5) and 335.30, effective November 20, 1996. 37. Letter of Credit Tex Water Code Ann. Sec. 5.103 (Vernon Revision, (59 FR 29958- 1988 & Supp. 1996), effective September 29960) June 10, 1994. 1, 1995, as amended; TSWDA Chapter 361, (Checklist 133). Sec. 361.024 THSC (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended; TSWDA Chapter 361, Sec. 361.078 THSC (Vernon 1992), effective September 1, 1989. 38. Correction of Beryllium Tex. Water Code Ann. Sec. 5.103 (Vernon Powder (P015) Listing, (59 & Supp. 1996), effective September 1995, FR 31551-31552) June 20, as amended; TSWDA, Chapter 36, Sec. 1994. (Checklist 134). 361.024, THSC (Vernon 1992 & Supp. 1996), effective September 1995, amended; TSWDA, Chapter 361, Sec. 361.0 THSC (Vernon 1992) effective September 1989; Title 30 TAC Sec. 335.1, effective January 26, 1994, as amended; 335.431(c)(1), effective November 2, 1996, 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 [[Page 47953]] 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 sections 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 3 of Executive Order 12866. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the EPA generally must prepare a written statement, including a cost- benefit analysis, for proposed and final rules with ``Federal mandates'' that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires the EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost- effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the EPA to adopt an alternative other than the least costly, most cost- effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before the EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of the EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. The EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. The EPA does not anticipate that the approval of Texas's hazardous waste program referenced in today's notice will result in annual costs of $100 million or more. Today's rule contains no Federal mandates for State, local or tribal governments or the private sector. The Act excludes from the definition of a ``Federal mandate'' duties that arise from participation in a voluntary Federal program, except in certain cases where a ``Federal intergovernmental mandate'' affects an annual federal entitlement program of $500 million or more that are not applicable here. Texas's request for approval of a hazardous waste program is voluntary; if a state chooses not to seek authorization for administration of a hazardous waste program under RCRA subtitle C, RCRA regulation is left to the EPA. The EPA has determined that this rule does not contain a Federal mandate that may result in expenditures of $100 million or more for state, local, and tribal governments in the aggregate, or the private sector in any one year. The EPA does not anticipate that the approval of Texas' hazardous waste program referenced in today's document will result in annual costs of $100 million or more. The EPA's approval of state programs generally may reduce, not increase, compliance costs for the private sector since the State, by virtue of the approval, may now administer the program in lieu of the EPA and exercise primary enforcement. Hence, owners and operators of treatment, storage, or disposal facilities (TSDFs) generally no longer face dual federal and state compliance requirements, thereby reducing overall compliance costs. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the UMRA. The EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments. The Agency recognizes that small governments may own and/ or operate TSDFs that will become subject to the requirements of an approved state hazardous waste program. However, such small governments which own and/or operate TSDFs are already subject to the requirements in 40 CFR parts 264, 265, and 270 and are not subject to any additional significant or unique requirements by virtue of this program approval. Once EPA authorizes a State to administer its own hazardous waste program and any revisions to that program, these same small governments will be able to own and operate their TSDFs and underground storage tanks under the approved State program, in lieu of the Federal program. Certification Under the Regulatory Flexibility Act The EPA has determined that this authorization will not have a significant economic impact on a substantial number of small entities. The EPA recognizes that small entities may own and/or operate TSDFs that will become subject to the requirements of an approved state hazardous waste program. However, since such small entities which own and/or operate TSDFs are already subject to the requirements in 40 CFR parts 264, 265 and 270, this authorization does not impose any additional burdens on these small entities. This is because EPA's authorization would result in an administrative change (i.e., whether the EPA or the state administers the RCRA subtitle C program in that state), rather than result in a change in the substantive requirements imposed on small entities. Once EPA authorizes a state to administer its own hazardous waste program and any revisions to that program, these same small entities will be able to own and operate their TSDFs under the approved state program, in lieu of the federal program. Moreover, this authorization, in approving a state program to operate in lieu of the federal program, eliminates duplicative requirements for owners and operators of TSDFs in that particular state. Therefore, EPA provides the following certification under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act. Pursuant to the provisions of 5 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's program, thereby eliminating duplicative requirements for handlers of hazardous [[Page 47954]] waste in the State. It does not impose any new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis. Submission to Congress and the General Accounting Office Under section 801(a)(1)(A) of the Administrative Procedures Act (APA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the General Accounting Office prior to publication of the rule in today's Federal Register. This rule is not a ``major rule'' as defined by section 804(2) of the APA as amended. 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, and 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: July 24, 1997. Lynda F. Carroll, Acting Regional Administrator. [FR Doc. 97-24239 Filed 9-11-97; 8:45 am] BILLING CODE 6560-50-P