[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49673-49682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22181]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-6422-1]


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). With respect to today's 
document, Texas has made conforming changes to make its regulations 
internally consistent relative to the revisions made in this document. 
Texas has also revised its regulations to make them more consistent 
with the Federal requirements. The EPA has reviewed Texas Natural 
Resource Conservation Commission's (TNRCC) revisions to its program and 
has determined that Texas' Hazardous Waste Program revision satisfies 
all of the requirements necessary to qualify for final authorization. 
Unless adverse written comments are received during the review and 
comment period, EPA's decision to approve Texas' Hazardous Waste 
Program revision will take effect as provided below. In addition, 
today's document corrects technical errors made in the table of 
authorities published in the March 1, 1990 (55 FR 7318), April 11, 1994 
(59 FR 16987), and September 12, 1997 (62 FR 47947) authorization 
documents 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 are part of the authorized State program. Thus, EPA 
intends to revise and incorporate by reference, the Texas authorized 
State program in 40 CFR part 272. The purpose of this action is to 
incorporate by reference into CFR the currently authorized State 
hazardous waste program in Texas. 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.

DATES: This rule and final authorization for Texas's program revisions 
shall be effective November 15, 1999, unless an adverse comment 
pertaining to the State's revision discussed in this document is 
received by the end of the comment period. If an adverse written 
comment is received, EPA will publish either: (1) a withdrawal of the 
immediate final rule or, (2) a document containing a response to the 
comment that either affirms that the immediate final rule takes effect 
or withdraws the rule. All comments on the program revisions must be 
received by October 14, 1999. The incorporation by reference of certain 
Texas statutes and regulations was approved by the Director of the 
Federal Register as of November 15, 1999 in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.

ADDRESSES: Written comments referring to Document number TX 99-1 should 
be sent 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, 
phone (214) 665-8533. Copies of Texas program revisions and materials 
which EPA used in evaluating the revisions are available for inspection 
and copying from 8:30 a.m. to 4 p.m. Monday through Friday at the 
following addresses: Texas Natural Resource Conservation Commission, 
1700 N. Congress Avenue, Austin, TX 78711-3087, phone (512) 239-1000 
and EPA Region 6, 1445 Ross Avenue, Dallas, Texas 65202, Phone number: 
(214) 665-6444.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multi-Media Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-8533.

SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

A. Background

    States with final authorization under section 3006(b) of the RCRA, 
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal Hazardous Waste Program. Revisions to State 
Hazardous Waste Programs are necessary when Federal or State statutory 
or regulatory authority is modified or when certain other changes 
occur. Most commonly, State program revisions are necessitated by 
changes to EPA's regulations in 40 CFR parts 124, 260-266, 268, 270, 
273, and 279.

B. Texas

    Texas initially received final authorization on December 26, 1984 
(49 FR 48300), to implement its Base Hazardous Waste Management 
Program. This authorization was clarified in a notice published March 
26, 1985 (50 FR 11858). Texas received authorization for revisions to 
its program on January 31, 1986, effective October 4, 1985 (51 FR 
3952), effective February 17, 1987 (51 FR 45320), effective March 15, 
1990 (55 FR 7318), effective July 23, 1990 (55 FR 21383), effective 
October 21, 1991 (56 FR 41626), effective December 4, 1992 (57 FR 
45719), effective June 27, 1994 (59 FR 16987), effective June 27, 1994 
(59 FR 17273), effective November 26, 1997 (62 FR 47947) and, effective 
December 3, 1997 (62 FR 49163).
    The EPA reviewed Texas's application, and today is making an 
immediate final decision, subject to public review and comment, that 
Texas's Hazardous Waste Program revisions satisfies all of the 
requirements necessary to qualify for final authorization. 
Consequently, the EPA intends to grant authorization for the additional 
program modifications to Texas. The public may submit written comments 
on EPA's final decision until October 14, 1999. Copies of Texas' 
program revisions are available for inspection and copying at the 
locations indicated in the ADDRESSES section of this document.
    Approval of TNRCC's program revision shall become effective 60 days 
from the date this document is published, unless an adverse comment 
pertaining to the State's revision discussed in this document is 
received by the end of the comment period. If an adverse written 
comment is received, EPA will publish either: (1) a withdrawal of the 
immediate final rule or, (2) a document containing a response to the 
comment that either affirms that the immediate final rule takes effect 
or withdraws the rule.
    The EPA grants Texas final authorization to carry out the following 
provisions of the State's program in lieu of the Federal program. These 
provisions are analogous to the indicated RCRA regulations found at 40 
CFR as of July 1, 1994.

[[Page 49674]]



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            State requirement                                       Federal requirement
----------------------------------------------------------------------------------------------------------------
30 Texas Administrative Code (TAC) Sec.   40 CFR 124.5(a).
 305.62(a), effective June 13, 1996
 (except the phrase ``Sec.  305.70 of
 this title * * * Solid Waste Class I
 Modifications'' and the sentence ``If
 the permittee requests a modification
 of a municipal solid waste permit * * *
 Solid Waste Class I Modifications.'').
30 TAC Sec.  305.69(d)(2), introductory   40 CFR 270.42(c)(2) (introductory paragraph).
 paragraph, effective February 26, 1996.
30 TAC Sec.  305.69(d)(2)(F), effective   40 CFR 270.42(c)(2)(v).
 February 26, 1996.
30 TAC Sec.  305.69(g), effective         40 CFR 270.42(f).
 February 26, 1996.
30 TAC Sec.  305.141(a), effective June   40 CFR 270.30 (introductory paragraph).
 13, 1996.
30 TAC Sec.  335.19(b), effective March   40 CFR 260.31(b).
 1, 1996.
30 TAC Sec.  335.22, effective November   40 CFR 260.40.
 20, 1996.
30 TAC Sec.  335.23, introductory         40 CFR 260.41 (introductory paragraph).
 paragraph, effective November 20, 1996.
30 TAC Sec.  335.23(1), effective         40 CFR 260.41(a).
 November 20, 1996.
30 TAC Sec.  335.69(a), introductory      40 CFR 262.34(a) (introductory paragraph).
 paragraph, effective February 26, 1996.
30 TAC Sec.  335.112(a)(13), effective    40 CFR 265, Subpart N (except 265.301(f)-(i), 265.314, and 265.315).
 November 20, 1996.
30 TAC Sec.  335.112(a)(22),              40 CFR 265, Appendices.
 introductory paragraph, effective
 November 20, 1996.
30 TAC Sec.  335.112(a)(22)(B)-(D),       40 CFR 265, Appendices II-V.
 effective November 20, 1996.
30 TAC Sec.  335.152(a)(5), effective     40 CFR 264.110-264.120.
 November 20, 1996.
30 TAC Sec.  335.152(a)(20),              40 CFR 264, Appendices.
 introductory paragraph, effective
 November 20, 1996.
30 TAC Sec.  335.152(a)(20)(B)-(E),       40 CFR 264, Appendices IV, V, VI and IX.
 effective November 20, 1996.
30 TAC Sec.  335.152(b), effective        40 CFR 264.18(b).
 November 20, 1996.
30 TAC Sec.  335.154(a)(3), effective     40 CFR 264.75(d).
 July 14, 1987.
30 TAC Sec.  335.164(7)(C), effective     40 CFR 264.98(g)(3).
 October 29, 1990.
30 TAC Sec.  335.504(2), effective March  40 CFR 262.11(b).
 6, 1996.
----------------------------------------------------------------------------------------------------------------

    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 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.

------------------------------------------------------------------------
                            State Requirement
-------------------------------------------------------------------------
Texas Solid Waste Disposal Act (TSWDA) Sec.  361.063(h); Texas Health
 and Safety Code Ann. (THSC) (Vernon's Supp. 1997), effective September
 1, 1996, as amended.
TSWDA Sec.  361.079; THSC (Vernon's Supp. 1997), effective September 1,
 1996, as amended.
TSWDA Sec.  361.089(d); THSC (Vernon's Supp. 1997), effective September
 1, 1996, as amended.
30 Texas Administrative Code (TAC) Sec.  281.2, introductory paragraph,
 effective November, 7, 1994.
30 TAC Sec.  281.2(4), effective November 7, 1994.
30 TAC Sec.  305.50(1), effective November 20, 1996.
30 TAC Sec.  305.69(c)(11), effective February 26, 1996.
30 TAC Sec.  305.69(d)(2)(A), effective February 26, 1996.
30 TAC Sec.  335.112(b), effective November 20, 1996.
30 TAC Sec.  335.112(c), effective February 26, 1996.
30 TAC Sec.  335.152(c), effective November 20, 1996.
------------------------------------------------------------------------

    Texas is not authorized to operate the Federal program on Indian 
lands. This authority remains with EPA.

C. Decision

    I conclude that Texas' application for 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. Upon effective final approval Texas 
will be responsible 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 March 1, 1990 (55 FR 7318) Authorization Document

    There were omissions in the table published as part of the March 1, 
1990 (55 FR 7318), authorization notice for Texas. The affected entry 
for that table is shown in the table below. The corrections have been 
bolded and italicized.

[[Page 49675]]



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            Federal citation                       State analog
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5. Financial Responsibility--Settlement  5. 31 TAC Secs.  335.1;
 Agreement--changes to 40 CFR part 260,   335.152(a)(5) and (6);
 subpart B; 264 subparts G and H; 265,    335.178; 335.112(a)(6) and
 subparts G and H; and 270, subparts B,   (7); 335.118(a) and (b);
 D, and G--as published in the Federal    335.119; 335.127; 305.50(4);
 Register on May 2, 1986..                305.51; 305.62(c)(2)(C)(x) and
                                          305.64(g), revised July 14,
                                          1987.
------------------------------------------------------------------------

B. Corrections to April 11, 1994 (59 FR 16987) Authorization Document

    There was a typographical error in the table published as part of 
the April 11, 1994 (59 FR 16987) authorization notice for Texas. The 
affected entry, No. 26, for that table regarding Checklist 54 
incorrectly cites 305.184(1)-(3). Subparagraph (3) was removed by 
Checklist 54. The correct citation is 305.184(1)-(2).

C. Corrections to the September 12, 1997 (62 FR 47947) Authorization 
Document

    There were numerous typographical and effective date errors in the 
tables published as part of the September 12, 1997 (62 FR 47947) 
authorization notice for Texas. The affected entries for that table are 
shown in the table below. The corrections have been bolded and 
italicized. In addition, entry No. 39 is added to the table.

------------------------------------------------------------------------
       Federal citation                       State analog
------------------------------------------------------------------------
2. Burning of Hazardous Waste  TSWDA, Chapter 361, Secs. 361.003(12),
 in Boilers and Industrial      361.061, 361.064 THSC Ann., (Vernon 1992
 Furnaces; Corrections and      and Supplement 1996), effective
 Technical Amendments I, July   September 1, 1995, as amended; TSWDA and
 17, 1991 (56 FR 32688).        THSC Sec. 361.032 (Vernon Supplement
 (Checklist 94).                1996), effective August 28, 1995, as
                                amended, TSWDA and THSC Secs. 361.036,
                                361.078 (Vernon 1992), effective
                                September 1, 1989, Title 30 TAC Sec.
                                305.50(4)(A), effective November 23,
                                1993, Sec. 305.69(d)(1)(D), effective
                                February 26, 1996, as amended, Title 30
                                TAC 305.69(h)(1), effective February 22,
                                1994, as amended, Sec. 335.69(h)(1)(A),
                                Title 30 TAC Sec. 305.69(h)(1)(D),
                                effective February 26, 1996, as amended,
                                Title 30 TAC 305.69(i), L.5, effective
                                July 29, 1992, as amended, Title 30 TAC
                                Secs. 305.572 (introductory paragraph),
                                305.572(1), 305.572(2), and 305.572(5),
                                effective July 29, 1992, as amended,
                                November 20, 1996, as amended, Title 30
                                TAC Sec. 305.42(b), effective October
                                29, 1990, as amended and Title 30 TAC
                                Sec. 335.43(b), effective November 7,
                                1991, as amended, Title 30 TAC Sec.
                                335.24(b), effective September 1, 1986,
                                Title 30 TAC Sec. 335.24(b)(2),
                                effective September 1, 1986, Title 30
                                TAC Sec. 335.112(a) (112)(a)(15), TAC
                                Secs. 335.221(b)(1), effective February
                                26, 1996, as amended, 335.221(b)(3),
                                effective July 29, 1992, as amended,
                                Title 30 TAC Sec. 335.221(b)(2),
                                effective March 1, 1996, and 1992, as
                                amended, Secs. 335.221(a)(3),
                                335.221(a)(5), 335.221(a)(6),
                                335.221(a)(7), 335.221(a)(10),
                                335.221(a)(11), 335.221(a)(15),
                                335.221(a)(17), 335.221(a)(13),
                                335.221(a)(18), 335.221(a)(19),
                                335.221(a)(20), 335.221(a)(21),
                                335.221(a)(23), effective March 1, 1996,
                                as amended, Title 30 TAC Sec.
                                335.224(5), effective February 26, 1996,
                                Title 30 TAC Sec. 335.24(b), effective
                                September 1, 1996, as amended, Title 30
                                Sec. 335.24(b)(2), effective September
                                1, 1986, Title 30 TAC Sec.
                                335.112(a)(15), effective November 23,
                                1993, as amended, Title 30 TAC Secs.
                                335.221(a), 335.221(a) (1) and (9)
                                effective March 1, 1996, as amended,
                                Title 30 TAC Sec. 335.112(a)(6),
                                effective February 26, 1996, as amended,
                                Title 30 TAC Secs. 335.224(5)(H),
                                335.224(5)(H)(i), and 335.224(5)(H)(ii),
                                effective February 26, 1996, as amended,
                                Title 30 TAC Sec. 335.224(7), effective
                                November 23, 1993 as amended, Title 30
                                TAC Sec. 335.224(14), effective February
                                26, 1996, as amended, Title 30 TAC Secs.
                                335.221(a)(4), and 335.221(a)(22),
                                effective March 1, 1996, as amended,
                                Title 30 TAC Sec. 335.1, effective
                                February 26, 1996, as amended, Title 30
                                TAC Sec. 20.15, effective June 6, 1996,
                                Title 30 TAC 335.41(g), effective March
                                6, 1996, as amended, Title 30 TAC Sec.
                                335.222(c)(1), effective July 29, 1992,
                                as amended, and Title 30 TAC Sec.
                                335.222(c)(2), effective February 26,
                                1996, as amended.
 
*                  *                  *                  *
                  *                  *                  *
4. Burning of Hazardous Waste  TSDWA Chapter 361, THSC Secs.
 in Boilers and Industrial      361.003(34), 361.024(Vernon 1992 & Supp.
 Furnaces; Technical            1996) effective September 1, 1995, as
 Amendments II, August 27,      amended, TSDWA, THSC Sec. 361.078
 1991 (56 FR 42504).            (Vernon 1992), effective September 1,
 (Checklist 96).                1989, Title 30 TAC Sec. 335.1, effective
                                March 1, 1996, as amended, TSWDA, THSC
                                Secs. 361.003(12), 361.024, 361.061
                                (Vernon 1992 & Supp. 1996), effective
                                September 1, 1995, as amended, TSWDA,
                                THSC Sec. 361.032 (Vernon Supp 1996),
                                effective August 28, 1995, as amended,
                                TSWDA, THSC Secs. 361.036, 361.078
                                (Vernon 1992), effective September 1,
                                1989, TAC Sec. 2001.021 Texas Government
                                Code Ann. (Vernon Supp 1996) effective
                                September 1, 1993, Title 30 TAC Secs.
                                335.24(b), 335.24(b)(2), effective
                                September 1, 1986, effective November
                                23, 1993, as amended, Sec.
                                335.221(b)(1), effective March 6, 1996,
                                as amended, Sec. 335.221(b)(3),
                                effective July 29, 1992, as amended,
                                Sec. 335.221(b)(2), effective March 1,
                                1996, 1992, as amended, Secs. 335.221(a)
                                (1), (3), (5), (6), (7), (9), (10),
                                (11), (13), (14), (15), (17), (18),
                                (19), (20), (21), (23), Sec. 335.221(a)
                                effective March 1, 1996, Sec.
                                335.224(5), effective February 26, 1996,
                                Secs. 305.572 (introductory paragraph),
                                1992, as amended, Sec. 335.112(a)(6),
                                effective February 26, 1996, Sec.
                                335.112(a) (1), (9), effective February
                                26, 1996, Secs. 335.224(5)(H), (i)-(ii),
                                effective February 26, 1996, Sec.
                                335.224(7), effective 335.223(b),
                                effective July 29, November 23, 1993,
                                Sec. 335.224(14), effective February 26,
                                1996, Sec. 335.221(a)(22), effective
                                March 1, 1996, Sec. 335.1, effective
                                February 26, 1996, Sec. 20.15, effective
                                June 6, 1996, Sec. 335.41(g), effective
                                March 6, 1996, Sec. 335.222(c)(1), July
                                29, 1992, and Sec. 335.222(c)(2),
                                effective February 26, 1996 as amended.
 

[[Page 49676]]

 
*                  *                  *                  *
                  *                  *                  *
15. Land Disposal              TSWDA, THSC, Secs. 361.003(12), 361.024,
 Restrictions for Newly         361.064, (Vernon 1992 & Supp. 1996),
 Listed Wastes and Hazardous    effective September 1, 1995, as amended,
 Debris, (57 FR 37194-37282)    TSWDA, THSC, Sec. 361.078 (Vernon 1992),
 August 18, 1992. (Checklist    effective 1992 & Supp. 1996), effective
 109).                          September 1, 1995, as amended, TSWDA,
                                THSC Sec. 361.078 (Vernon 1992),
                                effective September 1, 1989, Title 30
                                TAC Sec. 355.1, effective July 14, 1987,
                                as amended, Title 30 TAC Sec.
                                335.431(c)(1) and (c)(3), effective
                                March 22, 1995, as amended, Title 30 TAC
                                Sec. 305.50(4)(A), effective November
                                23, 1993, as amended, TSWDA, THSC, Secs.
                                361.024 (Vernon 1992 & Supp 1996),
                                effective September 1, 1995, as amended,
                                TSWDA, THSC Sec. 361.078 (Vernon 1992),
                                effective September 1, 1989, Title 30
                                TAC Sec. 335.1, effective February 26,
                                1996, as amended, Title 30 TAC Sec.
                                335.69(a)(1)(C), effective February 26,
                                1996, as amended, Title 30 TAC Sec.
                                335.69(a)(1)(D), Title 30, TAC Sec.
                                335.69(a)(1)(D)(i)-(ii), Title 30 TAC
                                Sec. 335.69(a)(2), Title 30 TAC Sec.
                                335.152(a)(5)-(6), Title 30 TAC Sec.
                                335.152(a)(19), Title 30 TAC Sec.
                                335.112(a)(6), Sec. 335.112 (a)(7),
                                Title 30 TAC Sec. 335.118(b), Title 30
                                TAC Secs. 335.112(a)(10) and (21),
                                effective February 26, 1996, as amended,
                                Title 30 TAC Sec. 305.69(f)(5)(B)(ii),
                                Title 30 TAC Sec. 305.69(i), I.6, Title
                                30 TAC Sec. 305.69(i),(N), Title 30 TAC
                                Sec. 305.51(c)(6), effective February
                                26, 1996.
 
*                  *                  *                  *
                  *                  *                  *
17. Burning of Hazardous       TSDWA Chapter 361, THSC Secs.
 Waste in Boilers and           361.003(34), 361.024 (Vernon 1992 &
 Industrial Furnaces;           Supp. 1996) effective September 1, 1995,
 Technical Amendment III, [57   as amended, TSDWA, THSC Sec. 361.078
 FR 38558-38566] August 25,     (Vernon 1992), effective September 1,
 1992. (Checklist 111).         1989, Title 30 TAC Sec. 335.1, effective
                                March 1, 1996, as amended, TSWDA, THSC
                                Secs. 361.003(12), 361.024, 361.061
                                (Vernon 1992 & Supp. 1996), effective
                                September 1, 1995, as amended, TSWDA,
                                THSC Sec. 361.032 (Vernon Supp 1996),
                                effective August 28, 1995, as amended,
                                TSWDA, THSC Secs. 361.036, 361.078
                                (Vernon 1992), effective September 1,
                                1989, TAC Sec. 2001.021 Texas Government
                                Code Ann. (Vernon Supp 1996) effective
                                September 1, 1993, Title 30 TAC Secs.
                                335.24(b), 335.24(b)(2), effective
                                September 1, 1986, Sec. 335.221(b)(2),
                                effective March 1, 1996, 1992, as
                                amended, Secs. 335.221(a)(1), (10),
                                (11), (15), (17), (18), (19), (23), Sec.
                                335.221(a) effective March 1, 1996, Sec.
                                335.224(5), effective February 26, 1996,
                                Sec. 335.223(b), effective July 29,
                                1992, as amended, Sec. 335.112(a)(1),
                                (9), effective February 26, 1996, Secs.
                                335.224(5)(H), (i)-(ii), effective
                                February 26, 1996, Sec. 335.224(7),
                                effective November 23, 1993, Sec.
                                335.224(14), effective February 26,
                                1996, Sec. 335.221(a)(22), effective
                                March 1, 1996, Sec. 335.1, effective
                                February 26, 1996, Sec. 20.15, effective
                                June 6, 1996, Sec. 335.41(g), effective
                                March 6, 1996, Sec. 335.222(c)(1), July
                                29, 1992, and Sec. 335.222(c)(2),
                                effective February 26, 1996 as amended.
 
*                  *                  *                  *
                  *                  *                  *
18. Consolidated Liability     TSWDA, THSC, Secs. 361.024, 361.085
 Requirements, (53 FR 33938-    (Vernon 1992 Supp. 1996), effective
 33960) July 1, 1991, and [57   September 1, 1995, as amended, TSWDA,
 FR 42832-42844] September      THSC, Sec. 361.078 (Vernon 1992),
 16, 1992. (Checklists 113,     effective September 1, 1989; Title 30
 113.1, & 113.2).               TAC Secs. 335.152(a)(6),
                                335.152(a)(6)(C), effective February 26,
                                1996, as amended, Title 30 TAC Secs.
                                335.112(a)(7), 335.152(a)(6), effective
                                February 26, 1996, as amended.
19. Burning of Hazardous       TSDWA Chapter 361, THSC Secs.
 Waste in Boilers and           361.003(34), 361.024 (Vernon 1992 &
 Industrial Furnaces;           Supp. 1996) effective September 1, 1995,
 Technical Amendment IV, (57    as amended, TSDWA, THSC Sec. 361.078
 FR 44999-45001) September      (Vernon 1992), effective September 1,
 30, 1992. (Checklist 114).     1989, Title 30 TAC Sec. 335.1, effective
                                March 1, 1996, as amended, TSWDA, THSC
                                Secs. 361.003(12), 361.024, 361.061
                                (Vernon 1992 & Supp. 1996), effective
                                September 1, 1995, as amended, TSWDA,
                                THSC Sec. 361.032 (Vernon Supp 1996),
                                effective August 28, 1995, as amended,
                                TSWDA, THSC Secs. 361.036, 361.078
                                (Vernon 1992), effective September 1,
                                1989, TAC Sec. 2001.021 Texas Government
                                Code Ann. (Vernon Supp 1996) effective
                                September 1, 1993, Title 30 TAC Secs.
                                335.24(b), 335.24(b)(2), effective
                                September 1, 1986, Sec. 335.221(b)(2),
                                effective March 1, 1996, 1992, as
                                amended, Secs. 335.221(a) (3), (5), (6),
                                (7), (10), (11), (13), (15), (17), (18),
                                (19), (20), (21), (23), Sec. 335.221(a)
                                effective March 1, 1996, Sec.
                                335.224(5), effective February 26, 1996,
                                Sec. 335.223(b), effective July 29,1992,
                                as amended, Sec. 335.112(a)(1), (9),
                                effective February 26, 1996, Secs.
                                335.224(5)(H), (i)-(ii), effective
                                February 26, 1996, Sec. 335.224(7),
                                effective November 23, 1993, Sec.
                                335.224(14), effective February 26,
                                1996, Sec. 335.221(a)(22), effective
                                March 1, 1996, Sec. 335.1, effective
                                February 26, 1996, Sec. 20.15, effective
                                June 6, 1996, Sec. 335.41(g), effective
                                March 6, 1996, Sec. 335.222(c)(1), July
                                29, 1992, and Sec. 335.222(c)(2),
                                effective February 26, 1996 as amended.
 
*                  *                  *                  *
                  *                  *                  *
20. Chlorinated Teluenes       TSWDA, THSC, Secs. 361.003(12), 361.024
 Production Waste Listing,      (Vernon 1992 * Supp. 1996), effective
 (57 FR 47376-47386) October    September 1, 1995, as amended, TSWDA,
 15, 1992. (Checklist 115).     THSC Sec. 361.078 (Vernon 1992),
                                effective September 1, 1989, as amended,
                                Title 30 TAC Sec. 335.1, effective July
                                14, 1987, as amended, Title 30 TAC Sec.
                                335.29(4), effective November 20, 1996,
                                as amended.
 
*                  *                  *                  *
                  *                  *                  *
26. Wood Preserving;           Safety Code (THSC) Annotated Secs.
 Revisions to Listings and      361.003(34), 361.024 (Vernon 1992 and
 Technical Requirements, (57    Supplement 1996), effective September 1,
 FR 61492-61505) December 24,   1995, as amended; TSWDA and THSC Sec.
 1992. (Checklist 120).         361.078 (Vernon 1992), Title 30 Texas
                                Administrative Code (TAC) Chapter Sec.
                                335.1, March 1, 1996, as amended, Sec.
                                335.1 effective July 14, 1987, Title 30
                                TAC Secs. 335.152(a)(15),
                                335.112(a)(18), effective November 23,
                                1993.
 

[[Page 49677]]

 
*                  *                  *                  *
                  *                  *                  *
28. Recycled Used Oil          Texas Used Oil Collection, Management,
 Management Standards, (57 FR   and Recycling Act, Chapter 371, THSC
 41566) September 10, 1992,     (Vernon Supp 1992), effective September
 (58 FR 26420) May 3, 1993,     1, 1995, as amended (H&SC); Title 30 TAC
 (58 FR 33341) June 17, 1993,   Chapter 324, Secs. 324.1 through 324.21,
 (59 FR 10550) March 4, 1994.   effective March 6, 1996, Secs. 335.6(j),
 (Checklists 112, 122, 122.1    335.41(g), 335.78(j), 335.221(b)(1),
 and 130).                      335.504(1), 335.504(4), Secs. 324.1,
                                324.2, 324.3, and 324.4, effective March
                                6, 1996. 30 TAC Secs. 335.1 definition
                                of ``used oil'', 335.24(b) & (c),
                                effective March 1, 1996. The Texas Used
                                Oil Collection, Management, and
                                Recycling Act in 30 TAC Chapter 324
                                Subchapter A are more stringent then the
                                federal program for management of used
                                oil. THSC Sec. 371.041(b)(4) expressly
                                prohibits the intentional application of
                                used oil to roads or land for dust
                                suppression without exception. The Code
                                allows Do-it-Yourself Used Oil
                                Collection center that is also a used
                                oil generator to commingle household DIY
                                oil with the used oil it generates. The
                                code also requires a DIY used oil
                                collection center to register biennially
                                and report annually the amount of
                                household used oil collected.
 
*                  *                  *                  *
                  *                  *                  *
30. Land Disposal              TSWDA, THSC, Secs. 361.024, 361.064
 Restrictions for Ignitable     (Vernon 1992 & Supp. 1996), effective
 and Corrosive Characteristic   September 1, 1995, as amended, TSWDA,
 Wastes Whose Treatment         THSC, Sec. 361.078 (Vernon 1992),
 Standards Were Vacated, (58    effective September 1, 1989; Title 30
 FR 29860-29887) May 24,        TAC Secs. 335.41(d)(1) effective March
 1993. (Checklist 124).         6, 1996, as amended, 335.431(c) (1)
                                effective March 22, 1995, and Title 30
                                TAC Sec. 305.69(i), B, effective
                                February 26, 1996, as amended.
 
*                  *                  *                  *
                  *                  *                  *
32.Testing and Monitoring      Tex. Water Code Ann. Sec. 5.103 (Vernon
 Activities, (58 FR 46040-      1988 & Supp. 1996), effective September
 46051), August 31, 1993.       1, 1995, as amended; TSWDA Chapter 361,
 (Checklist 126).               Sec. 361.024, THSC (Vernon 1992 & Supp.
                                1996), effective September 1, 1995, as
                                amended, TSWDA Chapter 361 Sec. 361.078
                                THSC (Vernon 1992), effective September
                                1, 1989; TSWDA Chapter 361, Sec.
                                361.003, THSC (Vernon 1992), effective
                                September 1, 1991, as amended; Title 30
                                TAC Sec. 335.1 effective January 26,
                                1994, as amended; Secs. 335.31,
                                335.29(2)-(3), 335.152(a)(8),
                                335.175(c), 335.112(a)(9), 335.125(d),
                                305.150, 305.172(2)(A)(iii)-(iv),
                                305.572 (introductory paragraph)
                                305.572(2), effective November 20, 1996,
                                as amended, Secs. 335.431(c)(1), (3),
                                effective March 22, 1995, and 305.50(A),
                                effective November 23, 1993.
 
*                  *                  *                  *
                  *                  *                  *
34. Wastes From the Use of     Tex. Water Code Ann. Sec. 5.103 (Vernon
 Chlorophenolic Formulations    1988 & Supp. 1996), effective September
 in Wood Surface Protection,    1, 1995, as amended; TSWDA, Chapter 361,
 (59 FR 458-469) January 4,     Sec. 361.024, THSC (Vernon 1992 & Supp.
 1994. (Checklist 128).         1996), effective September 1, 1995, as
                                amended; TSWDA, Chapter 361, Sec.
                                361.078 THSC (Vernon 1992) effective
                                September 1, 1989; Title 30 TAC Secs.
                                335.29(5) and 335.31, effective November
                                20, 1996.
 
*                  *                  *                  *
                  *                  *                  *
35. Recordkeeping              Tex. Water Code Ann. Sec. 5.103 (Vernon
 Instructions; Technical        1988 & Supp. 1996), effective September
 Amendment, (59 FR 13891-       1, 1995, as amended; TSWDA, Chapter 361,
 13893) March 24, 1994.         Sec. 361.024, THSC (Vernon 1992 &
 (Checklist 131).               Supp.1996), effective September 1, 1995,
                                as amended; TSWDA Chapter 361, Sec.
                                361.078, THSC (Vernon 1992), effective
                                September 1, 1989; Title 30 TAC Secs.
                                335.152 (20)(A), and 335.112(a)(22)(A),
                                effective November 20, 1996.
 
*                  *                  *                  *
                  *                  *                  *
36. Wood Surface Protection;   Tex. Water Code Ann. Sec. 5.103 (Vernon
 Correction, (59 FR 28484)      1988 & Supp. 1996), effective September
 June 2, 1994. (Checklist       1, 1995, as amended; TSWDA, Chapter 361,
 132).                          Sec. 361.024, THSC (Vernon 1992 & Supp.
                                1996), effective September 1, 1995, as
                                amended; TSWDA, Chapter 361, Sec.
                                361.078 THSC (Vernon 1992) effective
                                September 1, 1989; Title 30 TAC Sec.
                                335.31, effective November 20, 1996.
 
*                  *                  *                  *
                  *                  *                  *
37. Letter of Credit           Tex Water Code Ann. Sec. 5.103 (Vernon
 Revision, (59 FR 29958-        1988 & Supp. 1996), effective September
 29960) June 10, 1994.          1, 1995, as amended; TSWDA Chapter 361,
 (Checklist 133).               Sec. 361.024 THSC (Vernon 1992 & Supp.
                                1996), effective September 1, 1995, as
                                amended; TSWDA Chapter 361, Sec. 361.078
                                THSC (Vernon 1992), effective September
                                1, 1989; Title 30 TAC Sec.
                                335.152(a)(6), effective November 20,
                                1996.
 
*                  *                  *                  *
                  *                  *                  *
38. Correction of Beryllium    Tex. Water Code Ann. Sec. 5.103 (Vernon &
 Powder (P015) Listing, (59     Supp. 1996), effective September 1995,
 FR 31551-31552) June 20,       as amended; TSWDA, Chapter 361, Sec.
 1994. (Checklist 134).         361.024, THSC (Vernon 1992 & Supp.
                                1996), effective September 1995,
                                amended; TSWDA, Chapter 361, Sec. 361.0
                                THSC (Vernon 1992) effective September
                                1989; Title 30 TAC Sec. 335.1, effective
                                January 26, 1994, as amended; Sec.
                                335.29(5), effective November 20, 1996;
                                and 335.431(c)(1), effective March 22,
                                1995, as amended.
 
*                  *                  *                  *
                  *                  *                  *
39. Revision of Conditional    Title 30 Texas Administrative Code (TAC)
 Exemption for Small Scale      Chapter 335 Sec. 335.2(g) as amended
 Treatability Studies (59 FR    effective November 20, 1996.
 8362-8366), February 18,
 1994. (Checklist 129).
------------------------------------------------------------------------


[[Page 49678]]

III. Incorporation By Reference

A. Background

    Effective December 3, 1997 (62 FR 49163), EPA incorporated by 
reference Texas' then authorized hazardous waste program. Effective 
November 26, 1997 (62 FR 47947), EPA granted authorization to Texas for 
additional program revisions. In this document, EPA is incorporating 
the currently authorized State hazardous waste program in Texas RCRA 
Clusters II through IV.
    The EPA provides notice of its approval of State programs in 40 CFR 
part 272 and incorporates by reference therein the State statutes and 
regulations that are part of the authorized State program under 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 HSWA, PL 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 CFR 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 Program for which authorization approval has been 
granted by EPA.

B. Texas Authorized Hazardous Waste Program

    The EPA is revising the incorporation by reference of the Texas 
authorized hazardous waste program in subpart SS of 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 
Secs. 272.2201(b)(5), (b)(6) and (b)(7), 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 Program are not part of the federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C, 40 CFR 
271.1(i));
    (2) Unauthorized amendments to authorized State provisions.
    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.
    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 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 Sec. 272.2201(b)(4) 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 Sec. 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 Sec. 272.2201(b)(4) 
is compiled as a separate document, Addendum to the EPA-Approved Texas 
Regulatory and Statutory Requirements Applicable to the Hazardous Waste 
Management Program, December, 1997. This document is available from EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. With respect to 
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.

[[Page 49679]]

IV. Regulatory Requirements

A. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA, a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that 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 Texas program, and today's action does not impose any 
additional obligations on regulated entities. In fact, EPA's approval 
of State programs generally may reduce, 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 because 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 treatment, storage or disposal 
facilities (TSDFs), they are already subject to the regulatory 
requirements under the existing State laws that are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

B. 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 
1996), 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 the 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.

C. 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 will submit 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'' as defined by 5 U.S.C. 804(2).

D. Compliance With Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from the requirements of Executive Order 12866.

E. Compliance With E.O. 12875-Enhancing Intergovernmental 
Partnerships

    Under Executive Order 12875, EPA may not issue a 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 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.

[[Page 49680]]

F. Compliance With E.O. 13045-Protection of Children From Environmental 
Health Risk and Safety Risks

    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 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.

G. Compliance with E.O. 13084-Consultation and Coordination With Indian 
Tribal Governments

    Under E.O. 13084, EPA may not issue a regulation that is not 
required 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 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with consulting, E.O. 13084 requires EPA 
to provide to the OMB, in a separately identified section of the 
preamble to the rule, a description of the extent of 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 EPA to 
develop an effective process permitting elected officials 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 affects the communities of Indian tribal 
governments. Texas is not authorized to implement the RCRA hazardous 
waste program in Indian country. This action has no effect on the 
hazardous waste program that EPA implements in the Indian country 
within the State.

H. 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.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs 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 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, EPA 
did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, 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).

    Dated: June 24, 1999
Jerry Clifford,
Deputy Regional Administrator, Region 6.

    For the reasons set forth in the preamble, 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: Sections 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 revising 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), the EPA 
granted Texas final authorization for Base program 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, 
November 26, 1997, December 3, 1997, and November 15, 1999.
    (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) The EPA Approved Texas Statutory Requirements Applicable to the 
Hazardous Waste Management Program, December 1997.
    (ii) The EPA Approved Texas Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, December 1997.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Texas Health and Safety Code (THSC) Annotated, (Vernon, 1992), 
effective September 1, 1991: Chapter 361, The Texas Solid Waste 
Disposal Act, sections 361.002, 361.017 (except 361.017(d)&(e)), 
361.024(b)-(d), 361.033, 361.036, 361.037(a), 361.063(b), 361.063(e)-
(g), 361.063(i), 361.063(k)&(l), 361.066(b), 361.078, 361.080(a), 
361.082(b), 381.082(c) (except second sentence), 361.082(e), 361.084(c) 
(except the phrase ``, or evidence of * * * waste management''), 
361.085(a)-(d), 361.088(b), 361.089(g), 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, 361.103 
through 361.108, 361.109(a), 361.221 (except 361.221(c)&(e), 361.222 
(except 361.222(d)-(u)), 361.223(c), 361.227, 361.301, 361.303, 
361.321(b),

[[Page 49681]]

361.321(c) (except the phrase ``Except as provided by section 
361.322(a)''), and 361.321(d); Chapter 371, Texas Oil Collection, 
Management, and Recycling Act, sections 371.043(a)&(b), 371.044(b) and 
371.045.
    (ii) Texas Health and Safety Code (THSC) Annotated, (Vernon, 1997 
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid 
Waste Disposal Act, sections 361.016, 361.017(d)&(e), 361.018, 
361.024(a), 361.024(e), 361.032, 361.061, 361.063(a), 361.063(c), 
361.063(d), 361.063(j), 361.063(h), 361.064, 361.067, 361.068(a), 
361.069 (except last sentence), 361.079, 361.083, 361.084 (except 
361.084(c)), 361.085(e)-(j), 361.088(a)&(c), 361.089(a)-(f), 361.102(a) 
(except the phrase ``Except as provided by subsections (b) and (c)''), 
361.223(a)&(b), 361.224(a)&(b), 361.225, 361.226, 361.228, 361.229, 
361.301, 361.303, 361.321(a), and 361.321(e) (except the phrase 
``Except as provided by section 361.322(e)''); Chapter 371, Texas Oil 
Collection, Management, and Recycling Act, sections 371.0025(b)&(c), 
371.003 (introductory paragraph), 371.024(a), 271.024(c)&(d), 
371.026(a)&(b), 371.028, 371.041(b)-(d), 371.042, 371.043(c)&(d), and 
371.044(a).
    (iii) 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.
    (iv) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1994, as amended, effective through January 1, 1994: Chapter 
305, sections 305.98 and 305.99.
    (v) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through January 1, 1997: Chapter 
281, sections 281.1 (except the clause ``except as provided by * * * 
Prioritization Process)''), 281.2 (introductory paragraph), 281.2(4), 
281.3(a)&(b), 281.5, 281.17(d)-(f), 281.18(a), 281.19, 281.20, 281.21 
(except 281.21(e)), 281.22(a)&(b), 268.23 281.24; 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, 305.100, 305.101 (except 305.101(c)), 305.102, 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 (except 305.401(c)); Chapter 
324, sections, 324.17 through 324.20; and Chapter 335, 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) Texas Health and Safety Code (THSC) Annotated, (Vernon 1992), 
effective September 1, 1991: Chapter 361, The Texas Solid Waste 
Disposal Act, sections 361.131 through 361.140; Chapter 371, Texas Oil 
Collection, Management, and Recycling Act, sections 371.021, 371.022, 
371.024(e), 371.025, and 371.026(c).
    (ii) Texas Health and Safety Code (THSC) Annotated, (Vernon 1997 
Supplement), effective September 1, 1996: Chapter 361, The Texas Solid 
Waste Disposal Act, sections 361.131 through 361.140; Chapter 371, 
Texas Oil Collection, Management, and Recycling Act, sections 371.021, 
371.022, 371.024(e), 371.0245, 371.0246, 371.025, and 371.026(c).
    (iii) Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through January 1, 1997: Chapter 
305, sections 305.27 (as it pertains to solid waste), 305.53, 
305.64(b)(4); and Chapter 335, sections 335.321 through 335.332 and 
Appendices I and II.
    (4) Unauthorized State Amendments. The following authorized 
provisions of the Texas 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 following 
table. The actual State regulatory text authorized by EPA for the 
listed provisions is available as a separate document, Addendum to the 
EPA-Approved Texas Regulatory and Statutory Requirements Applicable to 
the Hazardous Waste Management Program, December, 1997. 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
                                Effective            amendments
       State provision           date of   -----------------------------
                                authorized   Texas Register   Effective
                                provision      reference         date
------------------------------------------------------------------------
335.2(c).....................      11/7/91  18 TexReg 2799.      5/12/93
                                            18 TexReg 8218.     11/23/93
335.6(a).....................      7/29/92  18 TexReg 2799.      5/12/93
335.6(c) introductory              7/29/92  17 TexReg 8010.     11/27/92
 paragraph.                                 20 TexReg 2709.      4/24/95
                                            20 TexReg 3722.      5/30/95
                                            21 TexReg 1425.       3/1/96
                                            21 TexReg 2400.       3/6/96
335.6(g).....................      7/29/92  18 TexReg 3814.      6/28/93
335.10(b)(22)................      7/27/88  17 TexReg 8010.     11/27/92
335.24(b) introductory              3/1/96  21 TexReg 10983     11/20/96
 paragraph.
335.24(c) introductory              3/1/96  21 TexReg 10983     11/20/96
 paragraph.
335.41(c)....................       9/1/86  18 TexReg 8218.     11/23/93
335.45(b)....................       9/1/86  17 TexReg 5017.      7/29/92
335.204(a)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(b)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(b)(6)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(c)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(d)(1)................      5/28/86  16 TexReg 6065.      11/7/91
335.204(e)(6)................      5/28/86  16 TexReg 6065.      11/7/91
------------------------------------------------------------------------


[[Page 49682]]

    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region VI and the Texas Natural Resource Conservation Commission 
(TNRCC), signed by the EPA Regional Administrator on July 24, 1997, is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) 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, January 7, 1994, August 9, 1996, October 16, 1996, as amended 
February 7, 1997, and March 11, 1997, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (7) 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, State Requirements, is amended by 
revising the listing for ``Texas'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Texas

    The statutory provisions include:
    Texas Health and Safety Code (THSC) Annotated, (Vernon 1992), 
effective September 1, 1991: Chapter 361, The Texas Solid Waste 
Disposal Act, sections 361.003 (introductory paragraph), 361.003(1), 
361.082(a), 361.082(f), 361.086, 361.087, 361.093, 361.095(a), 
361.099(b), and 361.110; Chapter 371, The Texas Oil Collection, 
Management, and Recycling Act, section 371.041(a).
    Texas Health and Safety Code (THSC) Annotated, (Vernon 1997 
Supplement), effective September 1, 1996: Chapter 361, The Texas 
Solid Waste Disposal Act, sections 361.003 except (3), (4), (19), 
(27), (35) and (39)), 361.066(a), and 361.094; Chapter 371, The 
Texas Oil Collection, Management, and Recycling Act, sections 
371.003, 371.024(b), and 371.026(d).
    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 305, section 305.50(4); Chapter 335, sections 335.6(d) 
(except last sentence), 335.6(e), 335.9(b), 335.10(a) (introductory 
paragraph), 335.10(a)(1), 335.10(b)(5)&(8), 335.13(c)&(d), 
335.13(g), 335.15 (introductory paragraph), 335.23(2), 335.24(e), 
335.71, 335.214(a).
    Texas Administrative Code (TAC), Title 30, Environmental 
Quality, 1997, as amended, effective through January 1, 1997: 
Chapter 20, section 20.15; 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,'' ``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 (introductory paragraph), 
305.50(1), 305.50(2) (except the paragraph beginning ``Also to be 
submitted are listings * * * '' to the end of the subsection), 
305.50(3), 305.50(5)-(8), 305.50(13)&(14), 305.51, 305.61, 305.62(a) 
(except the phrase ``Sec. 305.70 of this title * * * Solid Waste 
Class I Modifications'' in the first sentence and the fifth sentence 
``If the permittee requests a modification of a municipal solid 
waste permit * * * Solid Waste Class I Modifications).''), 
305.62(b)-(h), 305.63 (introductory paragraph), 305.63(1)&(2), 
305.63(3) (except the last sentence), 305.63(4)-(6), 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)), 305.67, 305.69 
(except 305.69(i) A.8-A.10), 305.121, 305.122(a)-(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), 305.150, 305.171 
through 305.174, 305.181 through 305.184, 305.191 through 305.194, 
305.401(c), 305.571, 305.572 (except the date ``September 5, 1991'' 
in the (introductory paragraph)), 305.573; Chapter 324, sections, 
324.1 through 324.4, 324.6, 324.7, 324.11 through 324.16, 324.21; 
Chapter 335, sections 335.1 (introductory paragraph), 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,'' ``commercial hazardous waste facility,'' ``contaminant,'' 
``contaminated medium/media,'' ``control,'' ``decontaminate,'' 
``essentially insoluable,'' ``hazardous industrial waste,'' 
``hazardous substance,'' ``industrial solid waste,'' ``Petroleum 
substance,'' ``remediation,'' ``remove,'' shipment,'' ``spill,'' and 
``treatment''), 335.2(a), 335.2(c)-(g), 335.2(i)&(j), 335.4, 335.5, 
335.6(a)-(c), 335.6(f)-(j), 335.7, 335.8(a)(3)&(4), 335.9 (except 
335.9(b)), 335.10(a)(3) (except the phrase ``, unless the generator 
is identified in paragraph (2) of this section''), 335.10(a)(4), 
335.10(a)(6), 335.10(b) (except 335.10(b)(5)&(8)), 335.10(c) (except 
the phrase ``the United States customs official,''), 335.10(d)-(f), 
335.11 (except 335.11(d)), 335.12 (except 335.12(a)(5)), 335.13(a), 
335.13(e)&(f), 335.14, 335.15(1), 335.17, 335.18, 335.19, 335.20 
through 335.22, 335.23 (except 335.23(2)), 335.24(a)-(d), 335.24(f), 
335.29, 335.30, 335.31, 335.41(a)-(h), 335.43 through 335.45, 335.47 
(except the second sentence in 335.47(c)(3)), 335.61(a)-(e), 335.63 
through 335.68, 335.69(a)-(h), 335.70, 335.73, 335.74, 335.76, 
335.77, 335.78 (except 335.78(d)(2)), 335.91 through 335.94, 
335.111, 335.112 (except 335.112(a)(17)), 335.113, 335.114(a), 
335.115 through 335.123, 335.124 (except second sentence in 
335.124(e)), 335.125 through 335.127, 335.151 through 335.153, 
335.154(a), 335.155 through 335.178, 335.201(a) (except 
335.201(a)(3)), 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) (introductory paragraph), 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 * * * (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), 335.205(i), 335.211 through 335.213, 
335.214(b), 335.221 through 335.226, 335.241, 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. 99-22181 Filed 9-13-99; 8:45 am]
BILLING CODE 6560-50-P