[Federal Register Volume 64, Number 159 (Wednesday, August 18, 1999)]
[Rules and Regulations]
[Pages 44836-44841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21423]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6424-1]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Texas has applied for final authorization to 
revise its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The EPA has determined that these changes satisfy 
all requirements needed to qualify for final authorization. The EPA 
reviewed Texas's application, and now makes an immediate final 
decision, subject to receipt of adverse written comment, that Texas' 
Hazardous Waste Program revision satisfies all of the requirements 
necessary to qualify for final authorization. Consequently, EPA intends 
to grant Texas final authorization for the program modifications 
contained in the revision.

DATES: This action is effective on October 18, 1999 without further 
notice, unless EPA receives relevant adverse comments by September 17, 
1999. If adverse comments are received, EPA will publish a timely 
withdrawal of the immediate final rule or identify the issues raised, 
respond to the comments, and affirm that the immediate final rule will 
take effect as scheduled.

ADDRESSES: Mail written comments to Alima Patterson, Region 6, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, at the address shown 
below. You can examine copies of the materials submitted by the State 
of Louisiana during normal business hours at the following locations: 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
6444; or Louisiana Department of Environmental Quality, H.B. Garlock 
Building, 7290 Bluebonnet, Baton Rouge, Louisiana, 70810, (504) 765-
0617.

FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.

SUPPLEMENTARY INFORMATION:

A. What is Resource Conservation and Recovery Act (RCRA) State 
Authorization?

    The RCRA, as amended by the Hazardous and Solid Waste Amendments of 
1984 (HSWA), provides for authorization of State hazardous waste 
programs under subtitle C. Under RCRA Section 3006, EPA may authorize a 
State to administer and enforce the RCRA hazardous waste program. See 
40 Code of Federal Regulations (CFR) part 271. In fact, Congress 
designed RCRA so that the entire subtitle C program would eventually be 
administered by the States in lieu of the Federal Government. This is 
because the States are closer to, and more familiar with, the regulated 
community and therefore are in a better position to administer the 
programs and respond to local needs effectively.
    After receiving authorization, the State administers the program in 
lieu of the Federal government, although EPA retains enforcement 
authority under RCRA sections 3008, 3013, and 7003. Authorized States 
are required to revise their programs when EPA promulgates Federal 
Standards that are more stringent or broader in scope than existing 
Federal standards. States are not required to modify their programs to 
address Federal changes that are less stringent than the existing 
Federal program or that reduce the scope of the existing Federal 
program. These changes are optional and are noted as such in the 
Federal Register (FR) documents. However, EPA encourages States to 
adopt optional rules because they provide benefit to environmental 
protection.

B. Why are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal Hazardous Waste Program. As the Federal program 
changes, States must change their programs and ask EPA to authorize the 
changes. Changes to State programs may be necessary when Federal or 
State statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, States must change their programs 
because of changes to EPA's regulations in 40 CFR parts 124, 260-266, 
268, 270, 273, and 279.

C. What is the Effect of This Authorization?

    This authorization should have little impact because the State's 
requirements are already effective. However, upon approval of the 
revisions, Texas will be authorized to administer federal rules 
referred by EPA as RCRA Cluster V (these rules are listed in a chart in 
this FR document). Currently, federal cluster V rules are administered 
by the EPA.

D. What is the History of Texas' Final Authorization and Its 
Revisions

    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). We 
authorized the following revisions: 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 11, 1994, effective June 27, 1994, (59 FR 16987); on April 12, 
1994, effective (59 FR 17273), September 12, 1997, effective November 
26, 1997, (62 FR 47947), and on September 19, 1997, effective December 
3, 1997, (62 FR 49163). Effective December 3, 1997 (62 FR 49163), EPA 
incorporated by reference the State of Texas Base Program into CFR. On 
February 11, 1999, Texas submitted a final complete program revision 
application, seeking authorization of its program revision in 
accordance with 40 CFR 271.21.
    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 the Texas Solid Waste Disposal Act (codified in Chapter 361 
of the Texas Health and Safety Code), the

[[Page 44837]]

TNRCC has primary responsibility for administration of laws and 
regulations concerning hazardous waste. The TNRCC is authorized to 
administer the RCRA program. However, Under the Texas Natural Resources 
Code, title 3, and Texas Water Code, Chapter 27, waste (both hazardous 
and nonhazardous) resulting from activities associated with the 
exploration, development, or production of oil, gas, or geothermal 
resources, is regulated by the Railroad Commission of Texas (RRC). A 
list of activities that generate wastes that are subject to the 
jurisdiction of the RRC is found at 16 TAC sections 3.8(a)(30) and at 
30 TAC 335.1. Such wastes are termed ``oil and gas wastes.'' The TNRCC 
has responsibility to administer the RCRA program, however, hazardous 
waste generated at natural gas or natural gas liquids processing plants 
or reservoir pressure maintenance or repressurizing plants are subject 
to the jurisdiction of the TNRCC until the RRC is authorized by EPA to 
administer RCRA. When the RRC is authorized by EPA to administer RCRA 
program for these wastes, jurisdiction over such hazardous waste will 
transfer from the TNRCC to the RRC. The EPA has designated the TNRCC to 
be the lead agency to coordinate RCRA activities between the two 
agencies. The EPA is responsible for the regulation of hazardous waste 
for which TNRCC has not been previously authorized.
    The TNRCC has rules necessary to implement EPA's RCRA Cluster V 
revisions to the Federal Hazardous Waste Program from July 1, 1994, to 
June 30, 1995. The TNRCC authority to incorporate Federal rules by 
reference can be found at Texas Government Code Annotated section 
311.027 and adoption of the hazardous waste rules in general are 
pursuant to the following statutory provisions: (1) Texas Water Code 
Annotated section 5.103 (Vernon 1988 & Supplement 1998), effective 
September 1995, as amended, (2) Texas Health and Safety Code Annotated 
section 361.024 (Vernon 1992 & supplement 1998), effective September 1, 
1995, as amended, (3) Texas Health and Safety Code Annotated section 
361.078 (Vernon 1992), effective September 1, 1989.
    In this authorization the EPA has also clarified the jurisdiction 
of the TNRCC and the RRC. Effective May 31, 1998, the TNRCC and the RRC 
signed a Memorandum of Understanding that clarified the jurisdiction 
between the agencies for waste associated with exploration, 
development, production and refining of oil and gas.

E. What Revisions are we Approving With Today's Action?

    The State of Texas submitted a final complete program revision 
application, seeking authorization of their revisions in accordance 
with 40 CFR 271.21. Texas' revisions consist of regulations which 
specifically govern Federal Hazardous Waste promulgated from July 1, 
1994 to June 30, 1995 ( RCRA Cluster V). Texas requirements are listed 
on the chart included in this document. The EPA is now making an 
immediate final decision, subject to receipt of written comments that 
oppose this action, that Texas' hazardous waste program revision 
satisfies all of the requirements necessary to qualify for final 
authorization. Therefore, we grant Texas final authorization for the 
following program revisions:

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              Federal citation                                           State analog
----------------------------------------------------------------------------------------------------------------
1. Identification and Listing of Hazardous    Texas Water Code Annotated (TWCA) Secs.  5.102, 5.103 (Vernon 1988
 Waste; Amendments to Definition of Solid      & Supplement (Supp.) 1998), effective September 1, 1995, as
 Waste; Recovered Oil Exclusion, [59 FR        amended; Sec.  5.105 (Vernon 1988) effective September 1, 1985;
 38536-38545] July 28, 1994. (Checklist 135).  Texas Health and Safety Code Annotated (THSCA) Sec.  361.003
                                               (Vernon 1992 & Supp. 1998), effective September 1, 1997, as
                                               amended, THSCA Sec.  361.017 and 361.024 (Vernon 1992 & Supp.
                                               1998), effective September 1, 1995, as amended, THSCA Sec.
                                               361.078 (Vernon 1992) effective September 1, 1989; 30 Texas
                                               Administrative Code (TAC) Secs.  335.1(56), 335.1(119), 335.24,
                                               and 335.221, effective October 19, 1998, as amended.
2. Removal of the Conditional Exemption for   TWCA Secs.  5.102 (Vernon 1988 & Supp. 1998), effective September
 Certain Slag Residues, [59 FR 43496-43500]    1, 1985, as amended; TWCA 5.103 (Vernon 1988 & 1998), effective
 August 24, 1994. (Checklist 136).             1, 1995, as amended; TWCA 5.105 (Vernon 1988) effective September
                                               1, 1985, TWCA 26.011 (Vernon 1988 & Supp. 1998), effective March
                                               28, 1991, as amended; THSCA Secs.  361.017 (Vernon 1992 & Supp.
                                               1998), effective September 1, 1995, as amended; THSCA 361.024
                                               (Vernon 1992 & Supp. 1998), effective September 1, 1995, as
                                               amended; THSCA 361.078 (Vernon 1992), effective September 1,
                                               1989; 30 TAC Secs.  335.211, and 335.431, effective October 19,
                                               1998, as amended.
3. Universal Treatment Standards and          TWCA Secs.  5.102, 5.103, (Vernon 1988 & Supp. 1998), effective
 Treatment Standards for Organic Toxicity      September 1, 1985, as amended, TWCA Sec.  5.105 (Vernon 1988),
 Characteristic Waste and Newly Listed         effective September 1, 1985; THSCA Secs.  361.003, 361.017,
 Wastes [59 FR 47982-48110] September 19,      361.024, (Vernon 1992 & Supp. 1998), effective September 1, 1995,
 1994, as amended at [60 FR 242-302],          as amended, and 361.078 (Vernon 1992), effective September 1,
 January 3, 1995. (Checklist 137).             1989; 30 TAC Secs.  335.1(119), 335.18, 335.19, as amended,
                                               effective October 19, 1998; 335.20, as amended, effective May 29,
                                               1986, 335.21, 335.41, 335.214, 335.221, and 335.431, as amended,
                                               effective October 19, 1998. At 40 CFR 268.7(a) (tolling
                                               agreements), the State regulations are more stringent than the
                                               Federal regulations because the State regulations do not contain
                                               an explicit provision analogous to 40 CFR part 268.79(a)(10).
4. Testing and Monitoring Activities          TWCA Secs.  5.102, 5.103, (Vernon 1988 & Supp. 1998), effective 1,
 Amendment I, [60 FR 3089-3095] January 13,    1985, as amended, 5.105, (Vernon 1988, effective September 1,
 1995. (Checklist 139).                        1985; THSCA Secs.  361.017, 361.024, (Vernon 1992 & Supp. 1998),
                                               effective September 1, 1995, as amended, 361.078, (Vernon 1992),
                                               effective September 1, 1989; 30 TAC Sec.  335.31, effective
                                               October 19, 1998, as amended.
5. Carbamate Production Identification and    TWCA Secs.  5.102, 5.103, (Vernon 1988 & Supp. 1998), effective
 Listing of Hazardous Waste, [60 FR 7824-      September 1, 1985, as amended, 5.105, (Vernon 1988) effective
 7859], February 9, 1995, as amended at [60    September 1, 1985; THSCA Secs.  361.003, 361.017, 361.024,
 FR 19165], April 17, 1995, and at [60 FR      361.078 (Vernon 1992 & Supp. 1998), effective September 1, 1997,
 25619], May 12, 1995. (Checklist 140).        as amended, 361.078 (Vernon 1992), effective September 1, 1989;
                                               30 TAC Secs.  335.29, and 335.1(56), effective September 19,
                                               1998, as amended. The State statutory and regulatory definitions
                                               of hazardous waste incorporate by reference the Federal
                                               definition, automatically including any changes. The State rule
                                               is broader in scope because the waste vacated by the November 1,
                                               1996, decision by United States Court of Appeals For the District
                                               of Columbia Circuit in Dithiocarbamate Task Force v. EPA.
                                               However, this has no impact on the equivalency of the definition
                                               of hazardous waste.

[[Page 44838]]

 
6. Testing and Monitoring Activities          TWCA Secs.  5.102, 5.103 (Vernon 1988 & Supp. 1998), effective
 Amendment II, [60 FR 17001-17004], April 4,   September 1, 1985, as amended, 5.105 (Vernon 1988), effective
 1995. (Checklist 141).                        September 1, 1985; 26.011 (Vernon 1988 & Supp. 1998), effective
                                               March 28, 1991, as amended, THSCA Secs.  361.017, 361.024 (Vernon
                                               1992 & Supp. 1998), as amended, 361.078 (Vernon 1992), effective
                                               September 1, 1989; 30 TAC Sec.  335.31, effective October 19,
                                               1998, as amended.
7. Universal Waste: General Provisions, [60   TWCA Secs.  5.102, 5.103 (Vernon 1988 & Supp. 1998), effective
 FR 25492-25551] May 11, 1995. (Checklist      September 1, 1985, as amended, 5.105 (Vernon 1988), effective
 142 A).                                       September 1, 1985; 26.011 (Vernon 1988 & Supp. 1998), effective
                                               March 28, 1991, as amended; THSCA Secs.  361.003 (Vernon 1992 &
                                               Supp. 1998), effective September 1, 1997, as amended, 361.017,
                                               361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
                                               as amended, 361.078I (Vernon 1992), effective September 1, 1989;
                                               30 TAC Secs.  335.1, 335.2(I), 335.41(j), 335.61(g), 335.62,
                                               335.78(c), (f), and (g), 335.261, 335.431, effective October 19,
                                               1998, as amended.
8. Universal Waste Rule: Specific Provisions  TWCA Secs.  5.102, 5.103 (Vernon 1988 & Supp. 1998), effective
 for Batteries, [60 FR 25492-2551] May 11,     September 1, 1985, as amended, 5.105 (Vernon 1988), effective
 1995. (Checklist 142 B).                      September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
                                               March 28, 1991; THSCA Secs.  361.003 (Vernon 1992 & Supp. 1998),
                                               effective September 1, 1997, as amended, 361.017, 361.024 (Vernon
                                               1992 & Supp. 1998), effective September 1, 1995, 361.078 (Vernon
                                               1992), effective September 1, 1989; 30 TAC Secs.  335.1,
                                               335.2(I), 335.24(c), 335.41(j), 335.251, 335.261, and 335.431,
                                               effective October 19, 1998.
9. Universal Waste Rule: Specific Provisions  TWCA Secs.  5.102 (Vernon 1988 & Supp. 1998), effective September
 for Pesticides, [60 FR 25492-25551] May 11,   1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
 1995. (Checklist 142 C).                      September 1, 1995, 5.105 (Vernon 1988), effective September 1,
                                               1985, 26.011 (Vernon 1988 & supp. 1998), effective March 28,
                                               1991, as amended; THSCA Secs.  361.003 (Vernon 1992 & Supp.
                                               1998), effective September 1, 1997, as amended, 361.017, 361.024,
                                               (Vernon 1992 & Supp. 1998), effective September 1, 1995 as
                                               amended, 361.078 (Vernon 1992), effective September 1, 1989; 30
                                               TAC Secs.  335.1, 335.2(I), 335.41(j) 335.261, and 335.431,
                                               effective October 19, 1998, as amended.
10. Universal Waste rule: Specific            TWCA Secs.  5.102 (Vernon 1988 & Supp. 1998), effective September
 Provisions for Thermostats, [60 FR 25492-     1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
 25551] May 11, 1995. (Checklist 142 D).       September 1, 1995, as amended, 5.105 (Vernon 1988), effective
                                               September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
                                               March 28, 1991, as amended; THSCA Secs.  361.003 (Vernon 1992 &
                                               Supp. 1998) effective September 1, 1997, as amended, 361.017,
                                               361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
                                               361.078 (Vernon 1992), effective September 1, 1989; 30 TAC 335.1,
                                               335.2(I), 335.41(j), 335.261, 335.431, effective October 19,
                                               1998.
11. Universal Waste Rule: Petition            TWCA Secs.  5.102 (Vernon 1988 & Supp. 1998), effective September
 Provisions to Add a New Universal Waste,      1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
 [60 FR 25492-25551] May 11, 1995.             September 1, 1995, as amended, 5.105 (Vernon 1988), effective
 (Checklist 142 E).                            September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
                                               March 28, 1991, as amended; THSCA Secs.  361.003 (Vernon 1992 &
                                               Supp. 1998) effective September 1, 1997, as amended, 361.017,
                                               361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
                                               361.078 (Vernon 1992), effective September 1, 1989; 30 TAC Secs.
                                               20.15, effective June 6, 1996, as amended, 335.261, effective
                                               October 19, 1998 as amended.
12. Removal of Legally Obsolete Rules, [60    TWCA Secs.  5.102 (Vernon 1988 & Supp. 1998), effective September
 FR 33912-33915 June 29, 1995. (Checklist      1, 1985, as amended, 5.103 (Vernon 1988 & Supp. 1998), effective
 114).                                         September 1, 1995, as amended, 5.105 (Vernon 1988), effective
                                               September 1, 1985, 26.011 (Vernon 1988 & Supp. 1998), effective
                                               March 28, 1991, as amended; THSCA Secs.  361.003 (Vernon 1992 &
                                               Supp. 1998) effective September 1, 1997, as amended, 361.017,
                                               361.024 (Vernon 1992 & Supp. 1998), effective September 1, 1995,
                                               361.078 (Vernon 1992), effective September 1, 1989; 30 TAC Secs.
                                               305.42, 335.1, 335.221(a)(11), 335.221(a)(15), effective October
                                               19, 1998, as amended, 305.50(4)(G), effective November 20, 1996,
                                               and 335.223(b), effective July 29, 1992.
----------------------------------------------------------------------------------------------------------------

F. What Decisions Have We Made?

    We conclude that Texas' application for program revision meets all 
of the statutory and regulatory requirements established by RCRA. 
Accordingly, Texas is granted final authorization to operate its 
hazardous waste program as revised, assuming no adverse comments are 
received as discussed above. Upon effective final approval Texas will 
be responsible for permitting treatment, storage, and disposal 
facilities within its borders and for carrying out the aspects of the 
RCRA program described in its revised program application, subject to 
the limitations of the HSWA. Texas also will have 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.

G. How Do the Revised State Rules Differ From the Federal Rules?

    EPA considers the following State requirement to be more stringent 
than the Federal: The State section 335.431(c)(2) does not contain a 
explicit provision analogous to 40 CFR 268.7(a)(10) (tolling 
agreement). These requirements are part of Texas' authorized program 
and are federally enforceable. In this authorization of the State of 
Texas' program revisions for RCRA Cluster V, the following provisions 
are broader in scope: Sections 335.29(4) and 335.29(5) which 
corresponds to 40 CFR part 261, appendix VII and VIII, and section 
20.15 which corresponds to 40 CFR 260.20(a). The Texas regulations are 
broader in scope because the waste listing vacated by the November 1, 
1996, decision by the United States Court of Appeals for the District 
of Columbia Circuit in Dithiocarbamate Task Force v. EPA, 98 F. (D.C. 
Cir. 1996), remain reflected in the State's adoption by reference of 
the February 9, 1995, version of 40 CFR part 261, appendix VII and 
VIII. However, this has no impact on the equivalency of the definition 
of hazardous waste. Broader in scope requirements are not part of the 
authorized program and EPA cannot enforce them.

H. Who Handles Permits After This Authorization Takes Effect?

    Texas will issue permits for all the provisions for which it is 
authorized and will also administer program

[[Page 44839]]

revisions for Federal rules promulgated from July 1, 1994 to June 30, 
1995 (RCRA Cluster V). EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits which it issued prior to 
the effective date of this authorization until they expire or are 
terminated. EPA will not issue any more permits or portions of permits 
for the provisions listed in the Table above after the effective date 
of this authorization. EPA will continue to implement and issue permits 
for HSWA requirements for which the State is not yet authorized. HSWA 
requirements are effective in all States and are administered by EPA 
until States are authorized to do so.

I. Why Wasn't There a Proposed Rule Before Today's Notice?

    The EPA is authorizing the State's changes through this immediate 
final action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial and 
do not expect comments that oppose this action. EPA is providing an 
opportunity for public comment now. In the proposed rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State changes. If EPA receives comments which 
oppose this authorization, that document will serve as a proposal to 
authorize the changes.

J. Where Do I Send My Comments and When Are They Due?

    You should send written comments to Alima Patterson, Region 6 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to 
Docket Number TX-99-1. We must receive your comments by September 17, 
1999. You may not have an opportunity to comment again. If you want to 
comment on this action, you must do so at this time.

K. What Happens if EPA Receives Comments Opposing This Action?

    If EPA receives comments which oppose this authorization, a second 
Federal Register notice will be published before the time the immediate 
final rule takes effect. The second notice may withdraw the immediate 
final rule or identify the issues raised, respond to the comments and 
affirm that the immediate final rule will take effect as scheduled.

L. When Will This Approval Take Effect?

    Unless EPA receives comments that oppose this action, this final 
authorization approval will become effective without further notice on 
October 18, 1999.

M. Where Can I Review the State's Application?

    You can view and copy the State of Texas' application from 8:30 
a.m. to 4:00 p.m. Monday through Friday at the following addresses: 
Texas Natural Resource Conservation Commission, 1700 N. Congress 
Avenue, Austin TX 78711-3087, (512) 239-6757 and EPA, Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further 
information contact Alima Patterson, Region 6 Authorization 
Coordinator, Grants and Authorization Section (6PD-G), Multimedia 
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, (214) 665-8533.

N. Now Does Today's Action Affect Indian Country in Texas?

    Texas is not authorized to carry out its hazardous waste program in 
Indian country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian country.

O. What is Codification?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. EPA does this by referencing the authorized State 
rules in 40 CFR part 272. EPA reserves the amendment of 40 CFR part 
272, subpart SS for this authorization of Texas' program changes until 
a later date.

Administrative Requirements

Compliance With Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from the requirements of section 3 of E.O. 12866.

Compliance Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' applies to any rule that: (1) the OMB 
determines is ``economically significant'' as defined under E.O. 12866, 
and (2) concerns an environmental health or safety risk that the EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions based on environmental health or safety 
risks.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 
note) directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs the 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This action does not involve technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 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 and 205 of the 
UMRA, the EPA 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 
EPA has determined that section 202 and 205 requirements do not apply 
to today's action because this rule does not contain a Federal mandate 
that may result in annual expenditures of $100 million or more for 
State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the State of Texas' program, and today's action does not 
impose any additional obligations on regulated entities. In fact, the 
EPA's approval of State programs generally may reduce,

[[Page 44840]]

not increase, compliance costs for the private sector. Further, as it 
applies to the State, this action does not impose a Federal 
intergovernmental mandate because UMRA does not include duties arising 
from participation in a voluntary Federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, section 203 of the UMRA requires the EPA to develop 
a small government agency plan. This rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. Although small governments may be hazardous waste 
generators, transporters, or own and/or operate hazardous waste 
treatments, storage or disposal facilities (TSDFs), they are already 
subject to the regulatory requirements under the existing State laws 
that are being authorized by the EPA, and thus, are not subject to any 
additional significant or unique requirements by virtue of this program 
approval.

Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1966), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e. small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if any agency's administrator certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    The EPA has determined that this authorization 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 regulatory 
requirements under the existing State laws that are now being 
authorized by EPA. The EPA's authorization does not impose any 
significant additional burdens on these small entities. This is because 
EPA's authorization would simply result in an administrative change, 
rather than a change in the substantive requirements imposed on these 
small entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. 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 Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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 United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' defined by 5 U.S.C. 804(2).

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.

Executive Order 12875 Enhancing Intergovernmental Partnerships

    Under E.O. 12875, the EPA may not issue regulation that is not 
required by statute and that creates a mandate upon a State, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, the EPA must provide to the 
OMB a description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires the EPA to develop an 
effective process permitting elected officials and other 
representatives of State, local and tribal governments to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.
    This rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

Executive Order 13084 Consultation and Coordination With Indian Tribal 
Governments

    Under E.O. 13084, the EPA may not issue a regulation that is not 
require by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
cost incurred by the tribal governments. If the mandate is unfunded, 
the EPA must provide to the OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of the EPA's 
prior consultation with representatives of affected tribal governments, 
a summary of the nature of their concerns, and a statement supporting 
the need to issue the regulation. In addition, E.O. 13084 requires the 
EPA to develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.
    This rule is not subject to E.O. 13084 because it does not 
significantly or uniquely affect the communities of Indian governments. 
The State of Louisiana is not authorized to implement the RCRA 
hazardous waste program in Indian country. This action has no effect on 
the hazardous waste program that the EPA implements in the Indian 
country within the State.

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 document 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).


[[Page 44841]]


    Dated: July 30, 1999.
W.B. Hathaway,
Acting Regional Administrator, Region 6.
[FR Doc. 99-21423 Filed 8-17-99; 8:45 am]
BILLING CODE 6560-50-P