[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