[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Rules and Regulations]
[Pages 49163-49171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24841]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[FRL-5871-3]
Texas:Final Authorization and Incorporation by Reference of State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA)
ACTION: Immediate final rule.
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SUMMARY: Texas has revised its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The EPA has reviewed
Texas' changes to its program and has made a decision, subject to
public review and comment, that Texas' hazardous waste program
revisions satisfy 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
revisions. Texas' program revisions are available for public review and
comment. In addition, today's document corrects technical errors made
in the table of authorities published in the May 24, 1990, April 11,
1994 and April 12, 1994 authorization notices for Texas.
The EPA uses part 272 of Title 40 Code of Federal Regulations (CFR)
to provide notice of the authorization status of State programs, and to
incorporate by reference those provisions of the State statutes and
regulations that EPA will enforce under RCRA Sections 3008, 3013 and
7003. Thus, EPA intends to codify the Texas authorized State program in
40 CFR part 272. The purpose of this action is to incorporate by
reference EPA's approval of Texas' base hazardous waste program and its
revisions to that program.
DATES: Final authorization for Texas' program revisions shall be
effective December 3, 1997 unless EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Texas' program revisions must be received by the close of business
November 3, 1997. The corrections to the May 24, 1990, April 11, 1994,
and April 12, 1994 authorization notices go into effect immediately.
The incorporation by reference of certain Texas statutes and
regulations was approved by the Director of the Federal Register as of
December 3, 1997 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
[[Page 49164]]
ADDRESSES: Copies of Texas' program revisions and materials EPA used in
evaluating the revisions are available during 8:30 a.m. to 4 p.m.
Monday through Friday at the following addresses for inspection and
copying: Texas Natural Resource Conservation Commission, 1700 N.
Congress Avenue, Austin, TX 78711-3087; EPA Region 6 Library, First
Interstate Bank Tower at Fountain Place, 1445 Rose Avenue, Dallas,
Texas 65202, phone (214) 655-6444. Written comments referring to Docket
Number TX96-1 should be sent to Alima Patterson, Region 6 Authorization
Coordinator, Multi-Media Planning and Permitting Division, (6PD-G), EPA
Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross
Avenue, Dallas, Texas 75202, (214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Multi-Media Planning and Permitting Division
(6PD-G), EPA Region 6, First Interstate Bank Tower at Fountain Place,
1445 Ross Avenue, Dallas, Texas 75202, (214)-665-8533.
SUPPLEMENTARY INFORMATION:
I. Authorization of State Initiated Changes
A. Background
States with final authorization under section 3006(b) of 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. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub.
L. 98-616, November 8, 1984, hereinafter HSWA) allow States to revise
their programs to become substantially equivalent instead of equivalent
to RCRA requirements promulgated under HSWA authority. States
exercising the latter option receive interim authorization for the HSWA
requirements under section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 124, 260
through 266, 268, 270, 273, and 279.
B. Texas
Texas initially received final authorization to implement its
hazardous waste program on December 12, 1984, effective December 26,
1984 (49 FR 48300). This authorization was clarified in a notice
published on March 26, 1985 (50 FR 11858). Texas received final
authorization for revisions to its program in notices published in the
Federal Register on January 31, 1986, effective October 4, 1985 (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); on April 11, 1994, effective June 27,
1994 (59 FR 16987); and on April 12, 1994, effective June 27, 1994 (59
FR 17273). Regarding today's document, Texas has made conforming
changes to make its regulations internally consistent relative to the
revisions made for the above listed authorizations. Texas has also
changed its regulations to make them more consistent with the Federal
requirements.
The EPA has reviewed these changes and has made an immediate final
decision, in accordance with 40 CFR 271.21(b)(3), that Texas' hazardous
waste program revisions satisfy all of the requirements necessary to
qualify for final authorization. Consequently, EPA intends to grant
final authorization for the additional program modifications to Texas'
hazardous waste program. The public may submit written comments on
EPA's immediate final decision until November 3, 1997. Copies of Texas'
program revisions are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document.
Approval of Texas' program revision shall become effective in 75
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received EPA will publish either: (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
Texas will be authorized to carry out, in lieu of the Federal
program, the following State-initiated changes to provisions of the
State's program, which are analogous to the indicated RCRA provisions
found at Title 40 CFR.
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State requirement Federal requirement
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31 Texas Administrative Code (TAC) Sec. 40 CFR 270.10(h).
305.63, introductory paragraph, effective
October 29, 1990.
30 TAC Sec. 335.1 definitions of ``Closure'' 40 CFR 270.2 definitions
and ``Hazardous waste management facility'', of ``Closure'' and
effective November 23, 1993. ``Hazardous waste
management facility''.
30 TAC Sec. 335.1 definition of ``PCB's or 40 CFR 268.2(e).
polychlorinated biphenyl compounds'',
effective November 23, 1993.
30 TAC Sec. 335.10(a)(1), effective November 40 CFR 262.20(a).
23, 1993.
30 TAC Sec. 335.10(a)(3), effective November 40 CFR 262.21 (a)-(c).
23, 1993.
31 TAC Sec. 335.11, effective July 27, 1988. 40 CFR 263.20, 263.22.
31 TAC Sec. 335.15(1), effective July 27, 40 CFR 264.71(a)(5).
1988.
30 TAC Sec. 335.41(e), effective November 40 CFR 264.1(g)(1) and
23, 1993. 265.1(c)(5).
31 TAC Sec. 335.43(b)(1), effective November 40 CFR 270.10(e)(1)(i).
7, 1991.
31 TAC Sec. 335.43(b)(2), effective November 40 CFR 279.10(e)(1)(ii).
7, 1991.
31 TAC Sec. 335.114(a) introductory 40 CFR 265.75
paragraph, effective July 27, 1988. introductory paragraph.
31 TAC Sec. 335.114(a) (1)-(6), effective 40 CFR 265.75 (a), (b) &
July 27, 1988. (d)-(g).
31 TAC Sec. 335.154(a) (2) & (5), effective 40 CFR 264.75 (b) & (g).
July 27, 1988.
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In addition to the above listed changes, EPA is authorizing changes
to the following State provisions. These provisions do not have a
direct analog in the Federal RCRA regulations. However, none of these
provisions are considered broader in scope than the Federal program.
This is so because these provisions were either previously authorized
as part of Texas' base authorization or have been added to make the
State's regulations internally
[[Page 49165]]
consistent with changes made for the other authorizations listed in the
first paragraph of this section. The EPA has reviewed these provisions
and has determined that they are consistent with and no less stringent
than the Federal requirements. Additionally, this authorization does
not affect the status of State permits and those permits issued by EPA
because no new substantive requirements are a part of these revisions.
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State requirement
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Texas Solid Waste Disposal Act (TSWDA) Sec. 361.003 (14), (16)-(18),
and (25); Texas Health and Safety Code Ann. (THSC) (Vernon's Supp.
1992), effective September 1, 1991, as amended.
TSWDA Sec. 361.082(f); THSC (Vernon's Supp. 1992), effective September
1, 1991, as amended.
TSWDA Sec. 361.089 (e)-(g); THSC (Vernon's Supp. 1992), effective
September 1, 1991, as amended.
30 Texas Administrative Code (TAC) Sec. 305.50(4)(E), effective
November 23, 1993.
30 TAC Sec. 305.61, effective October 29, 1990.
30 TAC Sec. 335.2 (d)-(f), effective November 23, 1993.
30 TAC Sec. 335.2(j), effective November 23, 1993.
30 TAC Sec. 335.13(f), effective November 23, 1993.
31 TAC Sec. 335.43(e), effective November 7, 1991.
30 TAC Sec. 335.112(b), effective November 23, 1993.
30 TAC Sec. 335.152(b), effective November 23, 1993.
30 TAC Sec. 335.152(c), effective November 23, 1993.
30 TAC Sec. 335.224 (3)(F), (9), (10), and (15), effective November 23,
1993.
31 TAC Sec. 335.225(b), effective July 29, 1992.
30 TAC Sec. 335.226, effective July 29, 1992.
30 TAC Subchapter L (335.361 through 335.367), effective June 21, 1988.
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Texas is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that Texas' program revisions meet all of 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 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.
II. Corrections
A. Corrections to the May 24, 1990 (55 FR 21383) Authorization Notice
There was an error in the table of authorities published as part of
the May 24, 1990 (55 FR 21383) authorization notice for Texas. Section
335.46 was erroneously cited on this table as one of the State's
analogs to the Land Disposal Restriction Rule (November 7, 1986, 51 FR
40572). Today's notice corrects this error by removing Section 335.46
from the table for that rule.
B. Corrections to April 11, 1994 (59 FR 16987) Authorization Notice
There were numerous typographical and effective date errors in the
table published as part of the April 11, 1994 (59 FR 16987)
authorization notice for Texas. The affected entries for that table are
shown in the table below. The corrections have been italicized. In
addition, in the April 11, 1994 notice, the authorization for Revision
Checklist 61 was inadvertently omitted. This has been added as Entry
41.
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Federal citation State analog
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1. California List Waste Land Texas Solid Waste Disposal Act (TSWDA)
Disposal Restrictions, July Secs. 361.017 and 361.024; Texas Health
8, 1987 (52 FR 25760), as and Safety Code Ann. (THSC) (Vernon's
amended on October 27, 1987 Supp. 1991), effective June 7, 1991, as
(52 FR 41295). (Checklists amended; 31 Texas Administrative Code
39 and 39.1). (TAC) Sec. 305.51(c), effective July
29, 1992; 30 TAC Sec. 335.2(j), Sec.
335.112(a)(1), Sec. 335.152(a)(1), and
Sec. 335.431(c), all effective November
23, 1993; and 31 TAC Sec. 335.77,
effective July 14, 1987.
2. Exception Reporting for TSWDA Secs. 361.017, and 361.024; THSC
Small Quantity Generators of (Vernon's Supp. 1991), effective June 7,
Hazardous Waste, September 1991, as amended; 30 TAC Sec.
23, 1987 (52 FR 35894). 335.13(c), (d) and (g), effective
(Checklist 42). November 23, 1993 as amended; and 30 TAC
Sec. 335.74, effective November 23,
1993.
5. HSWA Codification Rule 2; TSWDA Secs. 361.017, and 361.024, THSC
Corrective Action for (Vernon's Supp. 1991), effective June 7,
Injection Wells, December 1, 1991, as amended; and 30 TAC Sec.
1987 (52 FR 45788). 331.121(f), and Sec. 331.121(e)(1)-(3),
(Checklist 44C). both effective November 23, 1993.
10. Technical Correction to TSWDA Secs. 361.017, and 361.024, THSC
Checklist 23, Small Quantity (Vernon's Supp. 1991), effective June 7,
Generators, July 19, 1988 1991, as amended; and 31 TAC Sec.
(53 FR 27162). (Checklist 335.78(e) and Sec. 335.78(f)(2), both
47). effective February 1, 1989, as amended.
21. Land Disposal TSWDA Secs. 361.017 and 361.024, THSC
Restrictions for Third (Vernon's Supp. 1991), effective June 7,
Scheduled Wastes, June 1, 1991, as amended; and 30 TAC Sec.
1990 (55 FR 22520) 305.69(i) Appendix I.B.1.b., Sec.
(Checklists 78H and 78N). 335.1, Sec. 335.29, Sec. 335.69(a)(4),
Sec. 335.111(c), Sec. 335.112(a)(1)
and (a)(10)-(a)(13), Sec. 335.152(a)(9)-
(a)(12), Sec. 335.431(c) and Sec.
335.504(2), all effective November 23,
1993.
[[Page 49166]]
26. Permit Modifications for TSWDA Secs. 361.017, and 361.024; THSC
Hazardous Waste Management (Vernon 1990), effective September 1,
Facilities, September 28, 1989, as amended; TWC Secs. 5.103,
1988 (53 FR 37912), as 5.105, and 26.011 (Vernon 1990),
amended on October 24, 1988 effective September 1, 1985, as amended;
(53 FR 41649. (Checklists 54 Texas Open Records Act, TEX. REV. CIV.
and 54.1). STAT. ANN. art.6252-17a (Vernon 1990);
31 TAC Sec. 305.66, effective November
7, 1991; 31 TAC Sec. 305.62(a),
effective October 29, 1990; 31 TAC Sec.
335.112(a)(6), Sec. 335.152(a)(3) and
(a)(5), all effective December 13, 1991,
as amended; 31 TAC Sec. 305.64(a) and
(g), and Sec. 305.144, Sec.
305.62(d)(3), Sec. 305.62(e)(2)(C)(iv)-
(e)(2)(C)(xi), all effective October 29,
1990; 31 TAC Sec. 305.62(e), effective
July 17, 1989; 31 TAC 305.100, effective
October 8, 1990; 31 TAC Sec. 305.102,
Sec. 305.171, Sec. 305.172(10), all
effective October 29, 1990; 31 TAC Sec.
305.69(a), Sec. 305.69(a)(1)(A)-
(a)(1)(C), Sec. 305.69(a)(2) and
(a)(3), Sec. 305.69(b) and (b)(1), Sec.
305.69(b)(1)(A)-(b)(1)(D), Sec.
305.69(b)(2), Sec. 305.69(b)(2)(A)-
(b)(2)(G), Sec. 305.69(b)(3)-(b)(6),
Sec. 305.69(b)(6)(A)-(b)(6)(C), Sec.
305.69 (b)(6)(C)(i) and (b)(6)(C)(ii),
Sec. 305.69 (b)(6)(D) and (b)(6)(E),
Sec. 305.69(b)(7), Sec.
305.69(b)(7)(A)-(b)(7)(C), Sec. 305.69
(b)(7)(C)(i) and (b)(7)(C)(ii), Sec.
305.69(b)(7)(D), Sec. 305.69(b)(8) and
(b)(9), Sec. 305.69(b)(9)(A) and
(b)(9)(B), Sec. 305.69(b)(10)-(b)(14),
Sec. 305.69(b)(14)(A)-(b)(14)(C), Sec.
305.69(b)(15), Sec. 305.69(c), Sec.
305.69(c)(1), Sec. 305.69(c)(1)(A)-
(c)(1)(D), Sec. 305.69(c)(2), Sec.
305.69(c)(2)(A)-(c)(2)(F), Sec.
305.69(c)(3)-(c)(6),Sec. 305.69(d),
Sec. 305.69(d)(1) and (d)(2), Sec.
305.69(d)(2)(A), Sec.
305.69(d)(2)(B)(i) and (d)(2)(B)(ii),
Sec. 305.69(d)(2)(C), Sec. 305.69(e),
Sec. 305.69(e)(1) and (e)(2), Sec.
305.69(e)(2)(A) and (e)(2)(B), Sec.
305.69(e)(3), Sec. 305.69(e)(3)(A)-
(e)(3)(C), Sec. 305.69(e)(4) and
(e)(5), Sec. 305.69(e)(5)(A) and
(e)(5)(B), Sec. 305.69(e)(5)(B)(i)-
(e)(5)(B)(v), Sec. 305.69(e)(6), Sec.
305.69(e)(6)(A) and (e)(6)(B), Sec.
305.69(f), Sec. 305.69(f)(1) and
(f)(2), Sec. 305.69(g), Sec.
305.69(g)(1), Sec. 305.69(g)(1)(A)-
(g)(1)(E), Sec. 305.69(g)(2), and Sec.
305.180(1)-(3), all effective October
29, 1990.
30. Hazardous Waste TSWDA Secs. 361.003, 361.024, 361.088;
Miscellaneous Units; THSC (Vernon 1990), effective September
Standards Applicable to 1, 1989, as amended; TWC Secs. 5.103,
Owners and Operators, 5.105, and 26.011 (Vernon 1990),
January 9, 1989 (54 FR 615). effective September 1, 1985, as amended;
(Checklist 59). and 30 TAC Sec. 305.50(4), effective
July 29, 1992, as amended.
31. Amendment to Requirements TSWDA Secs. 361.003, 361.024, 361.088;
for Hazardous Waste THSC (Vernon 1990), effective September
Incinerator Permits, January 1, 1989, as amended; TWC Secs. 5.103,
30, 1989 (54 FR 4286), 5.105 and 26.011 (Vernon 1990),
(Checklist 60). effective September 1, 1985, as amended;
and 31 TAC Sec. 305.174, effective
October 29, 1990.
35. Changes to Part 124 Not TSWDA Secs. 361.017, 361.024, 361.032,
Accounted for by Present 361.066, and 361.068; THSC Chapter 361
Checklists, June 30, 1983 (Vernon's Supp. 1992), effective
(48 FR 30113); April 1, 1983 September 1, 1989, as amended; TWC Secs.
(48 FR 14146); July 26, 1988 5.103, 5.105, 26.011, and 27.019 (Vernon
(53 FR 28118); September 26, 1992), effective September 1, 1985, as
1988 (53 FR 37396); and amended; 31 TAC 281.22, effective July
January 4, 1989 (54 FR 246). 14, 1987; 31 TAC Secs. 305.42, 305.44,
(Checklist 70). 305.62, 305.102, 305.103, and 305.105,
305.127 (1)(B), (2) and (3), and
305.144, all effective October 29, 1990;
31 TAC 305.66, effective November 7,
1991; 31 TAC Secs. 305.100, 305.101,
305.121, 305.122(a), 305.125, and
305.128, all effective October 8, 1990;
31 TAC Secs. 305.123, 305.124, 305.141,
305.142, 305.143, and 305.146, all
effective June 19, 1986; and 31 TAC
305.145, effective April 8, 1987.
41. Changes to Interim Status TSWDA Secs. 361.017, 361.024, 361.088;
Facilities for Hazardous THSC (Vernon 1990), effective September
Waste Management Permits; 1, 1989, as amended; TWC Secs. 5.103,
Modification of Hazardous 5.105 and 26.011 (Vernon 1990),
Waste Management Permits; effective September 1, 1985, as amended;
Procedures for Post-Closure 31 TAC 305.69(h), effective October 29,
Permitting, March 7, 1989 1990.
(54 FR 9596), (Checklist 61).
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C. Corrections to the April 12, 1994 (59 FR 17273) Authorization Notice
There were numerous typographical and effective date errors in the
tables published as part of the April 12, 1994 (59 FR 17273)
authorization notice for Texas. The affected entries for that table are
shown in the table below. The corrections have been italicized.
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Federal citation State analog
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1. Petroleum Refinery Primary Texas Solid Waste Disposal Act (TSWDA),
and Secondary Oil/Water/ Chapter 361, Sec. 361.003(15), Sec.
Solids Separation Sludge 361.017 and Sec. 361.024; Texas Health
Listing (F037 and F038), and Safety Code (THSC) Ann. (Vernon
November 2, 1990 (55 FR Pamphlet 1992), effective September 1,
46354), as amended on 1991, as amended; Title 31 Texas
December 17, 1990 (55 FR Administrative Code (TAC) Chapter 335,
51707). (Checklists 81 and Sec. 335.1, effective March 31, 1992,
81.1). as amended; and Title 30 TAC Sec.
335.29, effective November 23, 1993.
2. Wood Preserving Listings, TSWDA Chapter 361, Sec. 361.003(15),
December 6, 1990 (55 FR Sec. 361.017 and Sec. 361.024; THSC
50450). (Checklist 82). Ann. (Vernon Pamphlet 1992), effective
September 1, 1991, as amended; Title 30
TAC, Chapter 305, Sec. 305.50(4)(A),
effective November 23, 1993; Title 31
TAC Chapter 335, Sec. 335.1, effective
March 31, 1992, as amended; Title 30 TAC
Chapter 335, Sec. 335.29, effective
November 23, 1993; Title 31 TAC Chapter
335, Sec. 335.1 and 335.29, both
effective September 30, 1992, as
amended; and Title 30 TAC Chapter 335,
Sec. 335.1, Sec. 335.69(a)(1)(C), Sec.
335.112(a)(9), Sec. 335.112(a)(18),
Sec. 335.152(a)(8), and Sec.
335.152(a)(14) all effective November
23, 1993.
[[Page 49167]]
3. Land Disposal Restrictions TSWDA, Chapter 361, Sec. 361.003(15),
for Third Third Scheduled Sec. 361.017 and Sec. 361.024; THSC
Wastes; Technical Ann. (Vernon Pamphlet 1992), effective
Amendments, January 31, 1991 September 1, 1991, as amended; Title 31
(56 FR 3864). (Checklist TAC, Chapter 335, Sec. 335.1, effective
83).. March 31, 1992, as amended; Title 31 TAC
Chapter 335, Sec. 335.1, effective
January 31, 1992 as amended; Title 30
TAC Chapter 335, Sec. 335.29, effective
November 23, 1993; Title 30 TAC Chapter
335, Sec. 335.504(2) and Sec.
335.69(f)(4), both effective November
23, 1993; Title 31 TAC Chapter 335, Sec.
335.152(a)(9)-(a)(12), Sec.
335.112(a)(1), and Sec. 335.112(a)(10)-
(a)(13), all effective March 31, 1992,
as amended; Title 30 TAC Chapter 335,
Sec. 335.431, and Sec. 335.431(c),
both effective November 23, 1993.
4. Burning of Hazardous Waste TSWDA Chapter 361, Sec. 361.003(15),
in Boilers and Industrial Sec. 361.017, and Sec. 361.024; THSC
Furnaces, February 21, 1991 Ann. (Vernon Pamphlet 1992), effective
(56 FR 7134). (Checklist 85). September 1, 1991, as amended; Title 31
TAC, Chapter 335, Sec. 335.1, effective
March 31, 1992 as amended; Title 30 TAC
Chapter 335, Sec. 335.29, effective
November 23,1993; Title 31 TAC, Chapter
335, Sec. 335.221(a)(23), effective
July 14, 1992, as amended; Title 31 TAC,
Chapter 335, Sec. 335.1, effective
August 22, 1991, as amended; Title 31
TAC, Chapter 305, Sec. 305.50(4), Sec.
305.50(13), Sec. 305.69(h), Sec.
305.571, Sec. 305.572, Sec. 305.573,
Sec. 305.51(a)(5), Sec. 305.51(c)(7),
all effective July 29, 1992, as amended;
Title 31 TAC Chapter 335, Sec.
335.2(c), effective November 7, 1991;
Title 31 TAC Sec. 335.1, effective
January 31, 1992, as amended; Title 30
TAC Sec. 335.2(k), effective November
23, 1993; Title 31 TAC Sec. 335.6 and
Sec. 335.6(i)(1)-(i)(3), Sec.
335.24(c), Sec. 335.152(a)(5), Sec.
335.152(a)(13), Sec. 335.112(a)(6),
Sec. 335.221(a), (a)(1)-(a)(23), Sec.
335.221(b), Sec. 335.222(a)-(c), Sec.
335.223(a), (a)(1)-(a)(8), Sec.
335.223(b), Sec. 335.224 introductory
paragraph, Sec. 335.224(1)-(2), Sec.
335.224(3)(A)-(3)(E), Sec. 335.224(4),
Sec. 335.224(5)(A)-(5)(J), Sec.
335.224(6)-(8), Sec. 335.224(11)-(14),
and Sec. 335.225(a), all effective July
29, 1992, as amended; and Title 30 TAC
Chapter 335, Sec. 335.112(a)(14),
effective November 23, 1993.
5. Removal of Strontium TSWDA, Chapter 361, Sec. 361.003(15),
Sulfide from the List of Sec. 361.017 and Sec. 361.024; THSC
Hazardous Wastes; Technical Ann., (Vernon Pamphlet 1992), effective
Amendment, February 25, 1991 September 1, 1991, as amended; Title 31
(55 FR 7567). (Checklist 86). TAC, Chapter 335, Sec. 335.1, effective
March 31, 1992, as amended; and Title 30
TAC Chapter 335, Sec. 335.29, effective
November 23, 1993.
6. Organic Air Emission TSWDA, Chapter 361, Sec. 361.003(15);
Standards for Process Vents THSC Ann., (Vernon Pamphlet 1992),
and Equipment Leaks; effective September 1, 1991, as amended;
Technical Amendment, April Title 31 TAC, Chapter 335, Sec.
26, 1991 (56 FR 19290). 335.152(a)(1), Sec. 335.152(a)(4), Sec.
(Checklist 87). 335.152(a)(16), and Sec.
335.152(a)(17), all effective August 31,
1992, as amended; Title 31 TAC Chapter
335, Sec. 335.112(a)(1), Sec.
335.112(a)(4), Sec. 335.112(a)(19), and
Sec. 335.112(a)(20), all effective
August 31, 1992, as amended; Title 30
TAC Chapter 305, Sec. 305.50(4)(A),
effective July 29, 1992, as amended.
7. Mining Waste Exclusion III TSWDA, Chapter 361, Sec. 361.003(15),
June 13, 1991 (56 FR 27300). Sec. 361.017, and Sec. 361.024; THSC
(Checklist 90). Ann., (Vernon Pamphlet 1992), effective
September 1, 1991, as amended; Title 31
TAC, Chapter 335, Sec. 335.1, effective
March 31, 1992, as amended; and Title 30
TAC Chapter 335, Sec. 335.29, effective
November 23, 1993.
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III. Incorporation by Reference
A. Background
EPA provides both notice of its approval of State programs in 40
CFR part 272 and incorporates by reference therein the State statutes
and regulations that EPA will enforce under Sections 3008, 3013 and
7003 of RCRA. This effort will provide clearer notice to the public of
the scope of the authorized program in Texas. Such notice is
particularly important in light of the Hazardous and Solid Waste Act
Amendments of 1984 (HSWA), Public Law 98-616. Revisions to State
hazardous waste programs are necessary when Federal statutory or
regulatory authority is modified. Because HSWA extensively amended
RCRA, State programs must be modified to reflect those amendments. By
incorporating by reference the authorized Texas program and by amending
the Code of Federal Regulations whenever a new or different set of
requirements is authorized in Texas, the status of Federally approved
requirements of the Texas program will be readily discernible.
The Agency will only enforce those provisions of the Texas
hazardous waste management program for which authorization approval has
been granted by EPA. This document incorporates by reference provisions
of State hazardous waste statutes and regulations and clarifies which
of these provisions are included in the authorized and Federally
enforceable program. Concerning HSWA, some State requirements may be
similar to HSWA requirements that are in effect under Federal statutory
authority in that State. However, a State's HSWA-type requirements are
not authorized and will not be codified into the CFR until the Regional
Administrator publishes his final decision to authorize the State for
specific HSWA requirements. Until such time, EPA will enforce the HSWA
requirements and not the State analogues.
B. Texas Authorized Hazardous Waste Program
To incorporate by reference the Texas authorized hazardous waste
program, EPA intends to add subpart SS to 40 CFR part 272. The State
statutes and regulations are incorporated by reference at 40 CFR
272.2201(b)(1) and the Memorandum of Agreement, the Attorney General's
Statement and the Program Description are referenced at 40 CFR
272.2201(b)(6), (b)(7) and (b)(8), respectively.
The Agency retains the authority under Sections 3007, 3008, 3013
and 7003 of RCRA to undertake enforcement actions in authorized States.
With respect to such an enforcement action, the Agency will rely on
Federal sanctions, Federal inspection authorities, and the Federal
Administrative Procedure Act rather than the authorized State analogues
to these requirements. Therefore, the Agency does not intend to
incorporate by reference for purposes of enforcement such particular,
authorized Texas enforcement authorities. Section 272.2201(b)(2) of 40
CFR lists those authorized Texas authorities that are part of the
authorized program but are not incorporated by reference.
The public also needs to be aware that some provisions of the
State's hazardous waste management program are not part of the
Federally authorized State program. These nonauthorized provisions
include:
(1) Provisions that are not part of the RCRA subtitle C program
because they
[[Page 49168]]
are ``broader in scope'' than RCRA subtitle C (see 40 CFR 271.1(i));
(2) Federal rules for which Texas is not authorized, but which have
been incorporated into the State regulations because of the way the
State adopted Federal regulations by reference;
(3) Unauthorized amendments to State provisions previously reviewed
and approved by EPA.
State provisions which are ``broader in scope'' than the Federal
program are not incorporated by reference for purposes of enforcement
in 40 CFR part 272. Section 272.2201(b)(3) of 40 CFR lists for
reference and clarity the Texas statutory and regulatory provisions
which are ``broader in scope'' than the Federal program and which are
not, therefore, part of the authorized program being incorporated by
reference. ``Broader in scope'' provisions will not be enforced by EPA;
the State, however, will continue to enforce such provisions.
At 335.112(a) and 335.152(a), Title 30 of the Texas Administrative
Code (TAC), as amended through November 23, 1993, Texas has adopted by
reference the Code of Federal Regulations through June 1, 1990.
However, the State is not authorized for the Federal rule addressing
liability coverage published on September 1, 1988 (53 FR 33938). In
addition, Texas' hazardous waste regulations include State amendments
which have not been approved by EPA. Since EPA cannot enforce a State's
requirements which have not been reviewed and approved according to the
Agency's authorization standards, it is important that EPA clarify any
limitations on the scope of a State's approved hazardous waste program.
Thus, in those instances where a State's method of adopting Federal law
by reference has the effect of including unauthorized requirements, or
where a State has made unauthorized amendments to previously authorized
sections of State code, EPA will provide this clarification by: (1)
incorporating by reference the relevant State legal authorities
according to the requirements of the Office of Federal Register; and
(2) subsequently identifying in 272.2201(b)(4) and 272.2201(b)(5) any
requirements which while adopted and incorporated by reference, are not
authorized by EPA, and therefore are not Federally enforceable. Thus,
notwithstanding the language in the Texas hazardous waste regulations
incorporated by reference at 272.2201(b)(1), EPA would only enforce the
State provisions that are actually authorized by EPA. For the
convenience of the regulated community, the actual State regulatory
text authorized by EPA for the citations listed at 272.2201(b)(5) are
compiled as a separate document, Addendum to the EPA-Approved Texas
Regulatory and Statutory Requirements Applicable to the Hazardous Waste
Management Program, December 1996. This document is available from the
Grants and Authorization Section, 6PD-G, Multimedia Planning and
Permitting Division, EPA Region 6, First Interstate Tower at Fountain
Place, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202. Regarding
HSWA requirements for which the State has not yet been authorized, EPA
will continue to enforce the Federal HSWA standards until the State
receives specific HSWA authorization from EPA.
C. HSWA Provisions
As noted above, the Agency is not amending 40 CFR part 272 to
include HSWA requirements and prohibitions that are immediately
effective in Texas and other States. Section 3006(g) of RCRA provides
that any requirement or prohibition of HSWA (including implementing
regulations) takes effect in authorized States at the same time that it
takes effect in non-authorized States. Thus, EPA has immediate
authority to implement a HSWA requirement or prohibition once it is
effective. A HSWA requirement or prohibition supercedes any less
stringent or inconsistent State provision which may have been
previously authorized by EPA (50 FR 28702, July 15, 1985).
Because of the vast number of HSWA statutory and regulatory
requirements taking effect over the next few years, EPA expects that
many previously authorized and incorporated by reference State
provisions will be affected. The States are required to revise their
programs to adopt the HSWA requirements and prohibitions by the
deadlines set forth in 40 CFR 271.21, and then to seek authorization
for those revisions pursuant to 40 CFR part 271. The EPA expects that
the States will be modifying their programs substantially and
repeatedly. Instead of amending the 40 CFR part 272 every time a new
HSWA provision takes effect under the authority of RCRA section
3006(g), EPA will wait until the State receives authorization for its
analog to the new HSWA provision before amending the State's 40 CFR
part 272 incorporation by reference. In the interim, persons wanting to
know whether a HSWA requirement or prohibition is in effect should
refer to 40 CFR 271.1(j), as amended, which lists each such provision.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and clarify the extent
of Federal enforcement authority. This will be particularly true as
more State program revisions to adopt HSWA provisions are authorized.
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 certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, 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. The
section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because it
merely makes federally enforceable existing requirements with which
regulated entities must already comply under State law. Second, the Act
also generally excludes from the definition of a ``Federal mandate''
duties that arise from participation in a voluntary Federal program.
The requirements being authorized and codified today are the result of
Texas' voluntary participation in accordance with RCRA Subtitle C.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector because today's action merely codifies an existing State program
that EPA previously authorized. Thus, today's rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of UMRA requires EPA to develop a small
[[Page 49169]]
government agency plan. This rule contains no regulatory requirements
that might significantly or uniquely affect small governments. The
Agency recognizes that although small governments may be hazardous
waste generators, transporters, or own and/or operate treatment,
storage, or disposal facilities (TSDFs), this codification incorporates
into the CFR Texas' requirements which have already been authorized by
EPA under 40 CFR part 271 and, thus, small governments are not subject
to any additional significant or unique requirements by virtue of this
authorization and codification.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization and codification
will not have a significant economic impact on a substantial number of
small entities. Such small entities which are hazardous waste
generators, transporters, or which own and/or operate TSDFs are already
subject to the State requirements authorized by EPA under 40 CFR part
271. The EPA's authorization and codification does not impose any
additional burdens on these small entities. This is because EPA's
codification would simply result in an administrative change, rather
than a change in the substantive requirements imposed on small
entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this codification will not have a significant
economic impact on a substantial number of small entities. This
codification incorporates Texas' requirements which have been
authorized by EPA under 40 CFR part 271 into the Code of Federal
Regulations. 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 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, 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 5
U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste transportation,
Hazardous waste, Indian lands, Incorporation by reference,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.
Authority: This rule is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 21, 1997.
W.B. Hathaway,
Acting Regional Administrator.
40 CFR part 272 is amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
1. The authority citation for part 272 continues to read as
follows:
Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
2. Subpart SS is amended by adding Sec. 272.2201 to read as
follows:
Sec. 272.2201 Texas State-Administered Program: Final Authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Texas
has final authorization for the following elements as submitted to EPA
in Texas' base program application for final authorizations which was
approved by EPA effective on December 26, 1984. Subsequent program
revision applications were approved effective on October 4, 1985,
February 17, 1987, March 15, 1990, July 23, 1990, October 21, 1991,
December 4, 1992, June 27, 1994 and December 3, 1997.
(b) State Statutes and Regulations. (1) The Texas statutes and
regulations cited in this paragraph are incorporated by reference as
part of the hazardous waste management program under Subtitle C of
RCRA, 42 U.S.C. 6921 et seq.
(i) EPA Approved Texas Statutory Requirements Applicable to the
Hazardous Waste Management Program, December 1996.
(ii) EPA Approved Texas Regulatory Requirements Applicable to the
Hazardous Waste Management Program, December 1996.
(2) The following statutes and regulations concerning State
enforcement, although not incorporated by reference, are part of the
authorized State program:
(i) The Texas Solid Waste Disposal Act, Texas Health and Safety
Code (THSC) Annotated, (Vernon, 1992), effective September 1, 1991:
Chapter 361, sections 361.002, 361.016 through 361.018, 361.024,
361.032, 361.033, 361.036, 361.037(a), 361.061, 361.063, 361.064,
361.066(b), 361.067 through 361.076, 361.078, 361.079, 361.080(a),
361.082(b), 361.082(c) (first sentence only), 361.082(e), 361.083,
361.084 (except the phrase ``, or evidence of * * * waste
management''), 361.085 (c)-(j), 361.088 (a)-(c), 361.089, 361.090,
361.095 (b)-(f), 361.096, 361.097, 361.098(a) (except the phrase
``Except as provided in Subsections (b) and (c),''), 361.099(a),
361.100, 361.101, 361.102(a) (except the phrases ``Except as provided
by Subsections (b) and (c)'' and ``and the Texas Air Control Board''),
361.103 through 361.108, 361.109(a), 361.221 (except 361.221 (c) &
(e)), 361.222 (except 361.222 (d)-(u)), 361.223 (a)-(c), 361.224 (a) &
(b), 361.225 through 361.229, 361.301, 361.303, 361.321 (a) & (b),
361.321(c) (except the phrase ``Except as provided by Section
361.222(a)''), 361.321(d), 361.321(e) (except the phrase ``Except as
provided by Section 361.222(e)'').
(ii) Texas Water Code (TWC), Texas Codes Annotated (Vernon, 1992),
effective September 1, 1985, as amended: Chapter 5, sections 5.103,
5.104, 5.105; Chapter 26, section 26.011; and Chapter 27, section
27.019.
(iii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1994, as amended, effective through January 1, 1994: Chapter
281, sections 281.1, 281.2 (except 281.2(10)), 281.3 (a) & (b), 281.5,
281.17 (d)-(f), 281.18(a), 281.19, 281.20, 281.21 (a)-(d), 281.22
through 281.24; Chapter 305, sections 305.29 (b) & (c), 305.64 (d) &
(f), 305.66(c), 305.66 (e)-(l), 305.91 through 305.95, 305.97 through
305.103, 305.105, 305.123, 305.125 (1) & (3), 305.125(20),
305.127(1)(B)(i), 305.127(4) (A) & (C), 305.127(6), 305.401 (a) & (b),
305.401 (d)-(h); and Chapter 335,
[[Page 49170]]
sections 335.2(b), 335.206, 335.391 through 335.393.
(3) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) The Texas Solid Waste Disposal Act, Texas Health and Safety
Code (THSC) Annotated, (Vernon, 1992), effective September 1, 1991:
Chapter 361, sections 361.131 through 361.140.
(ii) Texas Administrative Code (TAC), Title 30, Environmental
Quality, 1994, as amended, effective through January 1, 1994: Chapter
305, sections 305.27, 305.53, 305.64(b)(4); and Chapter 335, sections
335.321 through 335.332 Appendices I and II.
(4) Unauthorized State Provisions: The State's adoption of the
Federal rule addressing liability coverage (September 1, 1988), while
adopted at 335.112(a) and 335.152(a) and incorporated by reference at
Sec. 272.2201(b)(1), is not approved by EPA and is, therefore, not
enforceable.
(5) Unauthorized State Amendments. The following authorized
provisions of the State regulations include amendments published in the
Texas Register that are not approved by EPA. Such unauthorized
amendments are not part of the State's authorized program and are,
therefore, not Federally enforceable. Thus, notwithstanding the
language in the Texas hazardous waste regulations incorporated by
reference at Sec. 272.2201(b)(1), EPA will only enforce the authorized
State provisions with the effective dates indicated in the table below.
The actual State regulatory text authorized by EPA for the listed
provisions are available as a separate document, Addendum to the EPA-
Approved Texas Regulatory and Statutory Requirements Applicable to the
Hazardous Waste Management Program, December 1996. Copies of the
document can be obtained from U.S. EPA Region 6, Grants and
Authorization Section, RCRA Programs Branch, U.S. EPA Region 6, First
Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Suite 1200,
Dallas, TX 75202.
----------------------------------------------------------------------------------------------------------------
Unauthorized state amendments
State provision Effective date of -----------------------------------------------------
authorized provision Texas register reference Effective date
----------------------------------------------------------------------------------------------------------------
335.2(c)..................... Nov. 7, 1991............... 18 TexReg 2799............. 05/12/93
18 TexReg 8218............. 11/23/93
335.6(a)..................... July 29, 1992.............. 18 TexReg 2799............. 5/12/93
335.6(c) introductory July 29, 1992.............. 17 TexReg 8010............. 11/27/92
paragraph.
335.6(g)..................... July 29, 1992.............. 18 TexReg 3814............. 6/28/93
335.10(b)(22)................ July 27, 1988.............. 17 TexReg 8010............. 11/27/92
335.41(c).................... May 28, 1986............... 18 TexReg 8218............. 11/23/93
335.43(b) introductory July 14, 1987.............. 17 TexReg 6065............. 11/7/91
paragraph.
335.45(b).................... Sept. 1, 1986.............. 17 TexReg 5017............. 7/29/92
335.111(a)................... July 14, 1987.............. 18 TexReg 8218............. 11/23/93
335.204(a)(1)................ May 28, 1986............... 16 TexReg 6065............. 11/7/91
335.204(b)(1)................ May 28, 1986............... 16 TexReg 6065............. 11/7/91
335.204(b)(6)................ May 28, 1986............... 16 TexReg 6065............. 11/7/91
335.204(c)(1)................ May 28, 1986............... 16 TexReg 6065............. 11/7/91
335.204(d)(1)................ May 28, 1986............... 16 TexReg 6065............. 11/7/91
335.204(e)(6)................ May 28, 1986............... 16 TexReg 6065............. 11/7/91
----------------------------------------------------------------------------------------------------------------
(6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VI and the Texas Natural Resources Conservation Commission
(TNRCC) signed by the EPA Regional Administrator on September 24, 1992,
is referenced as part of the authorized hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Texas on
May 22, 1984 and revisions, supplements and addenda to that Statement
dated November 21, 1986, July 21, 1988, December 4, 1989, April 11,
1990, July 31, 1991, February 25, 1992, November 30, 1992, March 8,
1993, and January 7, 1994 are referenced as part of the authorized
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(8) Program Description. The Program Description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
3. Appendix A to Part 272 is amended by adding in alphabetical
order, ``Texas'' and its listing to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Texas
The statutory provisions include:
The Texas Solid Waste Disposal Act, Texas Health and Safety Code
(THSC) Annotated, (Vernon, 1992), effective September 1, 1991: Chapter
361, sections 361.001, 361.003 (except 361.003(4), (5), (22), (30),
(38), and (44)), 361.066(a), 361.077, 361.082(a), 361.082(f), 361.086,
361.087, 361.093, 361.094, 361.095(a), 361.099(b), and 361.110.
Copies of the Texas statutes that are incorporated by reference are
available from West Publishing Company, 610 Opperman Drive, P. O. Box
64526, St. Paul, Minnesota 55164-0526.
The regulatory provisions include:
Texas Administrative Code (TAC), Title 30, Environmental Quality,
1994, as amended, effective through January 1, 1994: Chapter 281,
section 281.3(c); Chapter 305, 305.1(a), 305.2 (except the definitions
for ``by-pass'', ``Class I sludge management facility'', ``component'',
``continuous discharge'', ``CWA'', ``daily average concentration'',
``daily average flow'', ``direct discharge'', ``discharge monitoring
report'', ``effluent limitation'', ``Environmental Protection Agency'',
``facility mailing list'', ``functionally equivalent component'',
``indirect discharger'', ``injection well permit'', ``National
Pollution Discharge Elimination System'', ``new discharger'', ``new
source'', ``outfall'', ``primary industry category'', ``process
wastewater'', ``publicly owned treatment works'', ``recommencing
discharger'', ``regional administrator'', ``schedule of compliance'',
``severe property damage'', ``sewage sludge'',
[[Page 49171]]
``Texas pollution discharge elimination system'', ``toxic pollutant'',
``treatment works treating domestic sewage'', ``variance'', and
``wetlands''), 305.29 (a) & (d), 305.41, 305.42, 305.43(b), 305.44,
305.45, 305.47, 305.50(1), 305.50(2) (except the last two sentences),
305.50 (3)-(8), 305.50 (13) & (14), 305.51, 305.61, 305.62, 305.63
(except the last sentence of 305.63(3) and 306.63(7)), 305.64(a),
305.64(b) (except 305.64(b) (4) & (5)), 305.64(c), 305.64(e),
305.64(g), 305.66(a) (except 305.66(a) (7) & (8)), 305.66(d), 305.67,
305.69, 305.121, 305.122 (b) & (c), 305.124, 305.125 (except 305.125
(1), (3), and (20)), 305.127 introductory paragraph,
305.127(1)(B)(iii), 305.127(1) (E) & (F), 305.127 (2) & (3),
305.127(4)(B), 305.127(5)(C), 305.128, 305.141 through 305.145, 305.146
introductory paragraph, 305.146(1), 305.171 through 305.174, 305.181
through 305.184, 305.191 through 305.194, 305.401(c), 305.571 through
305.573; Chapter 335, sections 335.1 (except the definitions for
``activities associated with the exploration, development, and
protection of oil or gas, or geothermal resources'', ``class 1
wastes'', ``class 2 wastes'', ``class 3 wastes'', ``contaminant'',
``contaminated medium/media'', ``control'', ``decontaminate'',
``essentially insoluable'', ``hazardous industrial waste'', ``hazardous
substance'', ``industrial solid waste'', ``remediation'', ``remove'',
``shipment'', ``spill'', and ``treatment''), 335.2(a), 335.2 (c)-(g),
335.2 (i)-(k), 335.4, 335.5, 335.6 (except the last sentence of
335.6(d)), 335.7, 335.8(a) (3) & (4), 335.10(a) (except 335.10(a) (2) &
(5)), 335.10(b), 335.10(c) (except ``the United States customs
official,''), 335.10 (d)-(f), 335.11, 335.12 (except 335.12(a)(5)),
335.13(a) (except for ``or until the generator * * * by the initial
transporter''), 335.13 (c)-(g), 335.14, 335.15 introductory paragraph,
335.15(1), 335.17 through 335.23, 335.24 (a)-(f), 335.29, 335.30,
335.41 (a)-(h), 335.43 through 335.45, 335.47 (except for the second
sentence in 335.47(c)(3)), 335.61 (a)-(e), 335.63 through 335.68,
335.69 (a)-(h), 335.70 through 335.74, 335.76, 335.77, 335.78 (except
335.78(d)(2)), 335.91 through 335.94, 335.111, 335.112(a) introductory
paragraph, 335.112(a) (1)-(6), 335.112(a)(7) (except the phrase ``(as
amended through July 1, 1991);''), 335.112(a) (8)-(14), 335.112(a)(15)
(except the phrase ``(as amended through July 17, 1991)''),
335.112(a)(16), 335.112(a) (18)-(20), 335.112(b), 335.113, 335.114(a),
335.115 through 335.127, 335.151 through 335.153, 335.154(a) (except
the phrase ``TWC hazardous waste code and'' in 335.154(a)(3)), 335.155
through 335.178, 335.201(a) introductory paragraph, 335.201(a) (1) &
(2), 335.201(c), 335.202 (except the definitions for ``active geologic
processes'', ``area subject to active shoreline erosion'', ``areas of
direct drainage'', ``commercial hazardous waste management facility'',
``critical habitat of an endangered species'', ``erosion'', ``public
water system'', and ``residence''), 335.203, 335.204(a) (1)-(5),
335.204(b) (1)-(6), 335.204(c) (1)-(5), 335.204(d) (1)-(5), 335.204(e)
introductory paragraph, 335.204(e)(1) introductory paragraph (except
the phrase ``Except as provided in subparagraphs (A) and (B) of this
paragraph,'' and the word ``event'' at the end of the paragraph),
335.204(e) (2)-(7), 335.204(f), 335.205 (a), (b), and (i), 335.211
through 335.223, 335.224 introductory paragraph, 335.224 (1)-(6),
335.224(7) first sentence, 335.224 (8)-(15), 335.225 through 335.251,
335.361 through 335.367, 335.431, and 335.504.
Copies of the Texas regulations that are incorporated by reference
are available from West Publishing Company, 610 Opperman Drive, P. O.
Box 64526, St. Paul, Minnesota 55164-0526.
[FR Doc. 97-24841 Filed 9-18-97; 8:45 am]
BILLING CODE 6560-50-P