[Federal Register Volume 65, Number 135 (Thursday, July 13, 2000)]
[Rules and Regulations]
[Pages 43246-43251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6730-8]


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 of the 
changes to 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, and 
is authorizing the State's changes through this immediate final action. 
The EPA is publishing this rule to authorize the changes without a 
prior proposal because we believe this action is not controversial and 
do not expect comments that oppose it. Unless we get written comments 
which oppose this authorization during the comment period, the decision 
to authorize the State of Texas's changes to their hazardous waste 
program will take effect as provided below. If we get comments that 
oppose this action, we will publish a document in the Federal Register 
withdrawing this rule before it takes effect and a separate document in 
the proposed rules section of this Federal Register will serve as a 
proposal to authorize the changes.

DATES: This final authorization will become effective on September 11, 
2000 unless EPA receives adverse written comment by August 14, 2000. If 
EPA receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Written comments, referring to Docket Number TX-00-01, 
should be sent to Alima Patterson Region 6 Regional Authorization 
Coordinator, Grants and Authorization Section (6PD-G), Multimedia 
Planning and Permitting Division, EPA Region 1145 Ross Avenue, Dallas, 
Texas 75202-2733. Copies of the Texas program revision application and 
the materials which EPA used in evaluating the revision 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, 12100 Park S. Circle, Austin TX 78753-3087, (512) 239-1121 
and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 
665-6444.

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

SUPPLEMENTARY INFORMATION:

A. 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.

B . What Is the Effect of Today's Authorization decision?

    The effect of this decision is that a facility in Texas subject to 
RCRA will now have to comply with the authorized State requirements (in 
RCRA Cluster VI listed in this document) instead of the equivalent 
Federal requirements in order to comply with RCRA. Texas has 
enforcement responsibilities under its state hazardous waste program 
for violations of such program, but EPA retains its authority under 
RCRA sections 3007, 3008, 3013, and 7003, which include, among others, 
authority to: (1) do inspections, and require monitoring, tests, 
analyses or reports; (2) enforce RCRA requirements and suspend or 
revoke permits; and (3) take enforcement actions regardless of whether 
the State has taken its own actions. This action does not impose 
additional requirements on the regulated community because the 
regulations for which Texas is being

[[Page 43247]]

authorized by today's action are already effective, and are not changed 
by today's action.

C. What Has The State Of Texas Previously Been Authorized For?

    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 
Federal Register (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); 
on April 11, 1994, effective June 27, 1994, (59 FR 16987); on April 12, 
1994, effective June 27, 1994 (59 FR 17273); September 12, 1997, 
effective November 26, 1997, (62 FR 47947); and on August 18, 1999, (64 
FR 44836) effective October 18, 1999. Effective December 3, 1997 (62 FR 
49163) and effective October 1999 (64 FR 49673), EPA incorporated by 
reference the State of Texas Base Program and additional program 
revisions in (RCRA Clusters III and IV) into the CFR.
    On November 15, 1999, Texas submitted a final complete program 
revision application, seeking authorization of its program revision in 
accordance with 40 CFR 271.21. The State of Texas has also adopted the 
regulations for Import and Export of Hazardous Waste. However, the 
requirements of the Import and Export regulations will be administered 
by the EPA and not the State because the exercise of foreign relations 
and international commerce powers is reserved to the Federal government 
under the United States Constitution.
    In 1991, Texas Senate Bill 2 created the Texas Natural Resource 
Conservation Commission (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 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 
Texas Administrative Code (TAC) Sec. 3.8(a)(30) and at 30 TAC 
Sec. 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 the RCRA. When the RRC is authorized by EPA to administer 
the 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.
    Further clarification of the jurisdiction between the TNRCC and the 
RRC can be found in a separate document. The document which is the 
Memorandum of Understanding (MOU) was signed effective May 31, 1998. 
The MOU clarified the jurisdiction between the agencies for waste 
associated with exploration, development, production and refining of 
oil and gas.
    The TNRCC has rules necessary to implement EPA's RCRA Cluster VI 
revisions to the Federal Hazardous Waste Program made from July 1, 
1995, to June 30, 1996. The TNRCC authority to incorporate Federal 
rules by reference can be found at Texas Government Code Annotated 
Sec. 311.027 and adoption of the hazardous waste rules in general are 
pursuant to the following statutory provisions: (1) Texas Water Code 
Annotated Sec. 5.103 (Vernon 1988 & Supplement 1998 and Supp. 1999), 
effective September 1995, as amended; (2) Texas Health and Safety Code 
Annotated Sec. 361.024 (Vernon 1992 & supplement 1998 & 1999), 
effective September 1, 1995, as amended; and (3) Texas Health and 
Safety Code Annotated Sec. 361.078 (Vernon 1992), effective September 
1, 1989.

D. What Changes Are We Authorizing With Today's Action?

    The State of Texas applied for final approval of its revision to 
its complete program in accordance with 40 CFR 271.21. Texas' revisions 
consist of regulations which specifically govern Federal Hazardous 
Waste promulgated from July 1, 1995, to June 30, 1996 (RCRA Cluster 
VI). Texas requirements are included in a chart with 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
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1. Liquids in Landfills III, [60 FR      Texas Water Code Annotated
 35703-35706] July 11, 1995. (Checklist   (TWCA) Sec.  5.103 (Vernon
 145).                                    1988 & Supplement (Supp.) and
                                          Supp. 1999), effective
                                          September 1, 1995, as amended;
                                          Sec.  5.105 (Vernon 1988)
                                          effective September 1, 1985;
                                          Texas Health and Safety Code
                                          Annotated (THSCA) Sec.
                                          361.017 (Vernon 1992 & Supp.
                                          1998 & Supp. 1999), effective
                                          September 1, 1995, as amended,
                                          THSCA Sec.  361.024 (Vernon
                                          1992 & Supp. 1999), effective
                                          September 1, 1995, as amended,
                                          30 TAC Secs.  335.125(e) and
                                          335.175(e), effective November
                                          20, 1996, as amended. The
                                          State law is more stringent
                                          than Federal law. Since 1985,
                                          TNRCC rules have not allowed
                                          the option of using sorbent to
                                          treat free liquids to be
                                          disposed of in landfills.
                                          Therefore the federal
                                          regulations in Checklist 145
                                          concerning the
                                          nonbiodegradability of sorbent
                                          to be used to treat free
                                          liquids to be disposed in
                                          landfills have no
                                          applicability under state
                                          rules.

[[Page 43248]]

 
2. RCRA Expanded Public Participation    TWCA 5.103 (Vernon 1988 & Supp.
 [60 FR 63417-63434] December 11, 1995.   1999), effective September 1,
 (Checklist 148).                         1995, as amended; TWCA 5.105
                                          (Vernon 1988) effective
                                          September 1, 1985, TWCA 5.501
                                          (Vernon Supp. 1999), effective
                                          September 1, 1997, as amended;
                                          26.011 (Vernon 1988 & Supp.
                                          1999), effective March 28,
                                          1991, as amended; THSCA Secs.
                                          361.017 (Vernon 1992 & Supp.
                                          1999), effective September 1,
                                          1995, as amended; THSCA
                                          361.024 (Vernon 1992 & Supp.
                                          1999), effective September 1,
                                          1995, as amended; 30 TAC Sec.
                                          39.103, effective August 8,
                                          1999, as amended; 30 TAC Sec.
                                          305.2 effective August 8, 1999
                                          as amended; 30 TAC Sec.
                                          305.30, TAC Sec.  35.402(e)
                                          effective December 10, 1998;
                                          30 TAC Sec.  305.50 (4)(A),
                                          effective November 20, 1996 as
                                          amended, TAC Sec.  305.125,
                                          TAC Sec.  305.172, TAC Sec.
                                          305.174, TAC Sec.  305.572,
                                          and TAC Sec.  305.573
                                          effective August 8, 1999 as
                                          amended.
                                         Sec.  305.2, effective August
                                          8, 1999, as amended; Sec.
                                          305.50, effective November 20,
                                          1996, as amended; Secs.
                                          305.125, 305.172, 305.174,
                                          305.572, and 305.573,
                                          effective August 8, 1999, as
                                          amended.
3. Amendments to the Definition of       TWCA 5.103 (Vernon 1988 & Supp.
 Solid Waste; Amendment II [61 FR 13103-  1999), September effective 1,
 13106] March 26, 1996. (Checklist 150).  1995, as amended; TWCA 5.105
                                          (Vernon 1988) effective
                                          September 1, 1985, as amended;
                                          THSCA Secs.  361.017 (Vernon
                                          1992 & Supp. 1999), effective
                                          September 1, 1995, as amended;
                                          THSCA 361.024 (Vernon 1992 &
                                          Supp. 1999), effective
                                          September 1, 1995, as amended;
                                          30 TAC Sec.  335.1(119),
                                          effective April 4, 1999, as
                                          amended.
4. Land Disposal Restrictions Phase      TWCA 5.103 (Vernon 1988 & Supp.
 III--Decharacterized Wastewater,         1999), effective September 1,
 Carbamate Waste, and Spent Potliners     1995, as amended; TWCA 5.105
 [61 FR 15566-15660] April 8, 1996.       (Vernon 1988) effective
 (Checklist 151).                         September 1, 1985, as amended;
                                          THSCA Secs.  361.017 (Vernon
                                          1992 & Supp. 1999), effective
                                          September 1, 1995, as amended;
                                          THSCA 361.024 (Vernon 1992 &
                                          Supp. 1999), effective
                                          September 1, 1995, as amended;
                                          30 TAC Sec.  335.431,
                                          effective April 4, 1999, as
                                          amended. State law is more
                                          stringent than Federal law.
                                          State law has no provision
                                          equivalent to 40 CFR part
                                          268.44(a), under which EPA may
                                          issue a variance from an
                                          applicable treatment standard.
------------------------------------------------------------------------

E. What Decisions Have We Made?

    We conclude that Texas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Texas final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Texas has responsible for permitting 
treatment, storage, and disposal facilities within its borders (except 
in Indian Country) and for carrying out the aspects of the RCRA program 
described in its revised program application, subject to the 
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). 
New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Texas, including issuing permits, until the State is 
granted authorization to do so.

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

    The EPA considers the following State requirement to be more 
stringent than the Federal: The State Sec. 335.175(e) and 335.125(e) 
analogous to 40 CFR 264.314(e)(2)(ii), 40 CFR 264.314(e)(2)(iii), 40 
CFR 265.314(f)(2)(ii) and 40 CFR 265.314(f)(2)(iii), since 1985, the 
TNRCC rules have not allowed the option of using sorbent to treat free 
liquids to be disposed of in landfills. Therefore, the Federal 
regulations in Checklist 145 (Liquids in Landfills III) concerning the 
nonbiodegradability of sorbent to be used to treat free liquids to be 
disposed in landfills have no applicability under State rules. Texas 
does not have provision equivalent to 40 CFR 268.44(a), under which EPA 
may issue variance from an applicable treatment standard. In this 
authorization of the State of Texas' program revisions for RCRA Cluster 
VI, there are no broader in scope provisions. Broader in scope 
requirements are not part of the authorized program and EPA cannot 
enforce them.

G. Who Handles Permits After This Authorization Takes Effect?

    The State will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. The EPA will 
continue to administer any RCRA hazardous waste permits or portions of 
permits which we issued prior to the effective date of this 
authorization. Upon authorization of the State program, EPA will 
suspend issuance of Federal permits for hazardous waste treatment, 
storage, and disposal facilities for which the State is receiving 
authorization. We will not issue any more new permits or new portions 
of permits for the provisions listed in the Table above after the 
effective date of this authorization. The EPA will continue to 
implement and issue permits for HSWA requirements for which Texas is 
not yet authorized.

H. 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 
does not expect comments that oppose this action. The EPA is providing 
an opportunity for public comment in the proposed rules section of 
today's Federal Register, where 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.

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

    You should send written comments to Alima Patterson, Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 6,

[[Page 43249]]

1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please 
refer to Docket Number TX-00-1. We must receive your comments by August 
14, 2000. You may not have an opportunity to comment again. If you want 
to comment on this action. You must do so at this time.

J. What Happens If EPA Receives Comments Opposing This Action?

    If EPA receives comments which oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. The EPA will base any further 
decision on the authorization of the State program changes on the 
proposal mentioned in the previous paragraph. We will then address all 
public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

K. 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 
September 11, 2000.

L. Where Can I Review The State's Applications?

    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, 12100 Park 3 S Circle, 
Austin TX 78753-3087, (512) 239-1121 and EPA, Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further 
information contact Alima Patterson, Regional 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.

M. How 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.

N. 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. The EPA does this by referencing the authorized 
State rules in 40 CFR part 272. The EPA reserves the amendment of 40 
CFR Part 272, subpart SS for this codification of Texas' program 
changes until a later date.

Regulatory Requirements

Compliance with Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this rule 
from the requirements of section 3 of Executive Order 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 Executive 
Order 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 Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 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), Public Law No. 104-113, Sec. 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) Public 
Law (P.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 of the UMRA, the EPA 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 
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 
objective 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 sections 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 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

[[Page 43250]]

regulatory requirements that might significantly or uniquely affect 
small governments. Although small governments may be hazardous waste 
generators, transporters, or own and/or operate of Treatment, Storage, 
Disposal, Facilities, 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.

Certification Under the Regulatory Flexibility Act (RFA), as Amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 USC 
601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organization, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate treatment, storage, disposal, facilities are already 
subject to the regulatory requirements under the State laws which EPA 
is now authorizing. This action merely authorizes for the purpose of 
RCRA 3006 those existing State requirements.

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 13084 Consultation and Coordination With Indian Tribal 
Governments

    Under Executive Order 13084, 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 EPA complies with 
consulting, Executive Order 13084 requires EPA to provide to 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, Executive Order 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 Executive Order 13084 because it does 
not significantly or uniquely affect the communities of Indian 
governments. The State of 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.

Executive Order 13132 Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999) requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that impose substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State law 
unless the Agency consults with State and local officials early in the 
process of developing the proposed regulation.
    This action does not have federalism implication. It will not have 
a substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, because it affects only one State. This 
action simply approves Texas' proposal to be authorized for updated 
requirements of the hazardous waste program that the State has 
voluntarily chosen to operate. Further, as a result of this action, 
those newly authorized provisions of the State's program now apply in 
the State of Texas in lieu of the equivalent Federal program provisions 
implemented by EPA under HSWA. Affected parties are subject only to 
those authorized State provisions, as a opposed to being subject to 
both Federal and State regulatory requirements. Thus, the requirements 
of section 6 of the Executive Order do not apply.

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, 
Water supply.


[[Page 43251]]


    Authority: This notice is issued under the authority of sections 
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 14, 2000.
Jerry Clifford,
Acting Regional Administrator.
[FR Doc. 00-17488 Filed 7-12-00; 8:45 am]
BILLING CODE 6560-50-P