[Federal Register Volume 68, Number 86 (Monday, May 5, 2003)]
[Rules and Regulations]
[Pages 23607-23613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10759]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7491-1]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule; technical corrections.

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SUMMARY: The State of Texas has applied for Final authorization to 
revise its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The EPA reviewed Texas' application and decided 
that its hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. As such, EPA 
published an immediate final rule on April 15, 2003 for a 30-day public 
review and comment period. The comment period will run until close of 
business May 15, 2003. Today's publication is a technical correction to 
the State Analog chart, listing the State regulations that are 
equivalent to the Federal rules.

DATES: This technical correction is in regard to the preamble of an 
immediate final rule which will become effective June 16, 2003.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization Coordinator, Grants and Authorization Section (6PD-G), 
Multimedia Planning and Permitting Division, EPA Region 1445 Ross 
Avenue, Dallas Texas 75202-2733, (214) 665-6444.

SUPPLEMENTARY INFORMATION:

A. Technical Corrections

    There were printing errors which inadvertently deleted some of the 
State's regulatory citations from the State of Texas Commission on 
Environmental Quality (TCEQ) Federal Register notice published on April 
15, 2003, 68 FR 18126-18133, that notice listed the State's regulations 
that are equivalent to the rules promulgated to the Federal RCRA 
implementing regulations in 40 CFR parts 124, 260-268, 270, 273 and 
279. Some of the State regulations in that chart were deleted and the 
following chart lists the correct citations of the State analogs that 
are being recognized as equivalent to the appropriate Federal 
requirements.

------------------------------------------------------------------------
            Federal citation                       State analog
------------------------------------------------------------------------
1. Criteria for Classification of Solid  Texas Water Code Annotated
 Waste Disposal Facilities and            Section 5.103 (Vernon 2000),
 Practices; Identification and Listing    effective September 1, 1995,
 of Hazardous Waste; Requirements for     as amended; Texas Health &
 Authorization of State Hazardous Waste   Safety Code Annotated Section
 Programs; [61 FR 34252] July 01, 1996.   361.017 (Vernon 2001)
 (Checklist 153).                         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.78(f)(3)(A)-(G) and
                                          (g)(3)(A)-(G), effective
                                          October 19, 1998.
2. Hazardous Waste Treatment; Storage    Texas Water Code Annotated
 and Disposal Facilities and Hazardous    Section 5.103 (Vernon 2000),
 Waste Generators; Organic Air Emission   effective September 1, 1995,
 Standards for Tanks, Surface             as amended; Texas Health &
 Impoundments and Containers; [61 FR      Safety Code Annotated Section
 59931] November 25, 1996; [59 FR         361.017 (Vernon 2001)
 62896] December 6, 1994; [60 FR 26828]   effective September 1, 1995,
 May 19, 1995; [60 FR 50426] September    as amended; Texas Health and
 29, 1995; [60 FR 56952] November 13,     Safety Code Annotated Section
 1995; [61 FR 4903]; [61 FR 28508] June   361.024 (Vernon 2001),
 5, 1996]. (Checklists 154, 154.1,        effective September 1, 1995,
 154.2, 154.3, 154.4, 154.5, and 154.6).  as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.061 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.31, effective November 15,
                                          2001, as amended; Section
                                          335.24(e), and effective April
                                          4, 1999, as amended, Sections
                                          335.69(f)(2), 335.69(a)(1)(A)-
                                          (B), effective November 15,
                                          2001, as amended; Sections
                                          335.152(a)(1), 335.152(a)(4),
                                          335.152(a)(7)-(9),
                                          335.152(a)(16)-(19), effective
                                          November 18, 2001; 335.111(a),
                                          effective November 15, 2001;
                                          335.112(a)(1), 335.112(a)(4),
                                          335.112(a)(8)-(10),
                                          335.112(a)(19)-(21),
                                          335.112(a)(24), effective
                                          November 18, 2001; 305.122(a),
                                          effective November 15, 2001,
                                          as amended and 305.50(4)(A),
                                          effective November 18, 2001,
                                          as amended.

[[Page 23608]]

 
3. Land Disposal Restrictions Phase      Texas Water Code Annotated
 III--Emergency Extension of the K088     Section 5.103 (Vernon 2000),
 Capacity Variance, [62 FR 1922]          effective September 1, 1995,
 January 14, 1997. (Checklist 155).       as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.341(c), effective April
                                          30, 2000.
4. Military Munitions Rule; Hazardous    Texas Water Code Annotated
 Waste Identification and Management      Section 5.103 (Vernon 2000),
 Explosives Emergencies; Manifest         effective September 1, 1995,
 Exemptions for Transport of Hazardous    as amended; Texas Health &
 Waste on Right-of-Ways on Contiguous     Safety Code Annotated Section
 Properties, [62 FR 6622] February 12,    361.017 (Vernon 2001)
 1997. (Checklist 156).                   effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.061 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Texas
                                          Health & Safety Code Annotated
                                          Section 361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.1 and 335.61, effective
                                          April 12, 2001, as amended;
                                          Sections 335.10(h), effective
                                          May 20, 1999, 335.91(f), and
                                          (g), 335.41(d)(2), effective
                                          April 12, 2001, as amended,
                                          335.271, 335.272, effective
                                          April 12, 2001, as amended;
                                          335.152(a)(4), 335.152(a)(20),
                                          335.112(a)(4), 335.112(a)(22),
                                          effective November 18, 2001,
                                          as amended and 305.69(j)
                                          effective April 12, 2001, as
                                          amended.
5. Land Disposal Restrictions--Phase     Texas Water Code Annotated
 IV: Treatment Standards for Wood         Section 5.103 (Vernon 2000),
 Preserving Wastes, Paperwork Reduction   effective September 1, 1995,
 and Streamlining, Exemptions From RCRA   as amended; Texas Health &
 for Certain Processed Materials; and     Safety Code Annotated Section
 Miscellaneous Hazardous Waste            361.017 (Vernon 2001)
 Provisions, [62 FR 25998] May 12,        effective September 1, 1995,
 1997. (Checklist 157).                   as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.1 (definition of solid
                                          waste), effective May 30,
                                          2001, as amended; 335.17(a)(9)-
                                          (12), and 335.24(c)(2),
                                          effective April 4, 1999 as
                                          amended. The State law is more
                                          stringent than the Federal
                                          rule because the State does
                                          not have provisions equivalent
                                          to 40 CFR 268(a)(10) regarding
                                          tolling agreements. State law
                                          has no provisions equivalent
                                          to 40 CFR 268.44(a), under
                                          which EPA may assure a
                                          variance from an applicable
                                          treatment standard.
6. Hazardous Waste Management System;    Texas Water Code Annotated
 Testing and Monitoring Activities, [62   Section 5.103 (Vernon 2000),
 FR 32452] June 13, 1997. (Checklist      effective September 1, 1995,
 158).                                    as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.31, effective October 19,
                                          1998; Sections 335.152(a)(17)-
                                          (18), 335.152(a)(22)(E),
                                          335.112(a)(19)-(20), effective
                                          April 12, 2001;
                                          335.221(a)(15), 335.221(17)-
                                          (18), effective April 4, 1999
                                          and 335.221(a), effective
                                          April 4, 1999.
7. Hazardous Waste Management System;    Texas Water Code Annotated
 Carbamate Production, Identification     Section 5.103 (Vernon 2000),
 and Listing of Hazardous Waste; Land     effective September 1, 1995,
 Disposal Restrictions, [62 FR 32974]     as amended; Texas Health &
 June 17, 1997. (Checklist 159).          Safety Code Annotated Section
                                          361.003 (Vernon 2001)
                                          effective September 1, 1991,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          30 Texas Administrative Code
                                          Section 335.1 (Definition of
                                          Hazardous waste) effective
                                          January 26, 1994, as amended;
                                          Section 335.431(a)(1),
                                          effective April 20, 2000.
8. Land Disposal Restrictions Phase      Texas Water Code Annotated
 III--Emergency Extension of the K088     Section 5.103 (Vernon 2000),
 National Capacity Variance, [62 FR       effective September 1, 1995,
 37694] July 14, 1997. (Checklist 160).   as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431(c), effective April
                                          30, 2000.

[[Page 23609]]

 
9. Second Emergency Revision of the      Texas Water Code Annotated
 Land Disposal Restrictions (LDR)         Section 5.103 (Vernon 2000),
 Treatment Standards for Listed           effective September 1, 1995,
 Hazardous Wastes From Carbamate          as amended; Texas Health &
 Production, [62 FR 45568] August 28,     Safety Code Annotated Section
 1997. (Checklist 161).                   361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431(c), effective April
                                          30, 2000.
10. Organic Air Emission Standards for   Texas Water Code Annotated
 Tanks, Surface Impoundments, and         Section 5.103 (Vernon 2000),
 Containers; Clarification and            effective September 1, 1995,
 Technical Amendments, [62 FR 64636]      as amended; Texas Health &
 December 8, 1997. (Checklist 163).       Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.152(a)(1), 335.152(a)(4),
                                          335.152(a)(17)-(19);
                                          335.112(a)(1), 335.112(a)(4),
                                          335.112(a)(19)-(21),
                                          335.112(a)(24), effective
                                          November 18, 2001, as amended;
                                          305.50(4)(A), effective March
                                          21, 2000.
11. Kraft Mill Steam Stripper            Texas Water Code Annotated
 Condensate Exclusion, [63 FR 18504]      Section 5.103 (Vernon 2000),
 April 15, 1998. (Checklist 164).         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of solid
                                          waste) (A)(iv), effective
                                          November 15, 2001.
12. Recycled Used Oil Management         Texas Water Code Annotated
 Standards; Technical Correction and      Section 5.103 (Vernon 2000),
 Clarification, [63 FR 24963] May 6,      effective September 1, 1995,
 1998. (Checklist 166 & 166.1).           as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Chapter
                                          371, effective September 1,
                                          1991, as amended; 30 Texas
                                          Administrative Code Section
                                          3355.78(j), effective October
                                          19, 1998; Sections
                                          335.24(c)(4)(A)-(C), effective
                                          April 14, 1999; Sections
                                          324.1, 324.3, 324.6, 324.11-
                                          14, effective August 8, 1999.
13. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Treatment Standards for Metal        Section 5.103 (Vernon 2000),
 Wastes and Mineral Processing Wastes,    effective September 1, 1995,
 [ 63 FR 28556] May 26, 1998.             as amended; Texas Health &
 (Checklist 167 A).                       Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          Section 335.1 (A)(iv)
                                          (definition of solid waste),
                                          effective May 30, 2001, as
                                          amended; Section 335.431(c),
                                          effective November 15, 2001.
14. Land Disposal Phase IV--Hazardous    Texas Water Code Annotated
 Soils Treatment Standards and            Section 5.103 (Vernon 2000),
 Exclusions, [63 FR 28556] May 26,        effective September 1, 1995,
 1998. (Checklist 167 B).                 as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.69(f)(4)(C), effective
                                          March 18, 2001; Section
                                          335.431(c) , effective
                                          November 15, 2001. State law
                                          has no provision equivalent to
                                          40 CFR268.44(a), under which
                                          EPA may assure a variance from
                                          an applicable treatment
                                          standard.
15. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Corrections, [63 FR 28556] May 26,   Section 5.103 (Vernon 2000),
 1998. (Checklist 167 C & 167.C.1).       effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431(c), effective November
                                          15, 2001 and Section 335.431,
                                          effective April 30, 2000, as
                                          amended. State law has no
                                          provision equivalent to 40
                                          CFR268.44(a), under which EPA
                                          may assure a variance from an
                                          applicable treatment standard.

[[Page 23610]]

 
16. Mineral Processing Secondary         Texas Water Code Annotated
 Material Exclusion, [63 FR 28556] May    Section 5.103 (Vernon 2000),
 26, 1998. (Checklist 167 D).             effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of solid
                                          waste), effective May 30,
                                          2001.
17. Bevil Exclusion Revision and         Texas Water Code Annotated
 Clarification, [63 FR 28556] May 26,     Section 5.103 (Vernon 2000),
 1998. (Checklist 167 E).                 effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.1 (definition of solid
                                          waste) (A)(iv), effective May
                                          30, 2001 as amended; 335.1
                                          (definition of a hazardous
                                          waste), effective January 26,
                                          1994, as amended.
18. Exclusion of Recycled Wood           Texas Water Code Annotated
 Preserving Wastewater, [63 FR 28556]     Section 5.103 (Vernon 2000),
 May 26, 1998. (Checklist 167 F).         effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.1 (definition of solid
                                          waste)(A)(iv), effective May
                                          30, 2001 as amended; 335.1
                                          (definition of a hazardous
                                          waste), effective January 26,
                                          1994, as amended.
19. Hazardous Waste Combustors Revised   Texas Water Code Annotated
 Standards, [63 FR 33782] June 19,        Section 5.103 (Vernon 2000),
 1998. (Checklist 168).                   effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.1 (definition of solid
                                          waste) (A)(iv), effective May
                                          30, 2001; Sections 305.69(i),
                                          305.69(k), effective April 12,
                                          2001; 305.51(a)(8), effective
                                          December 5, 1999.
20. Petroleum Refining Process, [63 FR   Texas Water Code Annotated
 42110] August 6, 1998; [63 FR 54356]     Section 5.103 (Vernon 2000),
 October 9, 1998. (Checklist 169 &        effective September 1, 1995,
 169.1).                                  as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.003; Texas Health & Safety
                                          Code Annotated Section 361.017
                                          (Vernon 2001) effective
                                          September 1, 1995, as amended;
                                          Texas Health & Safety Code
                                          Annotated Section 361.024
                                          (Vernon 2001), effective
                                          September 1, 1995, as amended;
                                          Texas Health & Safety Code
                                          Annotated Section 361.078
                                          (Vernon 2001), effective
                                          September 1, 1989, as amended;
                                          30 Texas Administrative Code
                                          Sections 335.1 (definition of
                                          hazardous waste) effective
                                          January 26, 1994, as amended;
                                          335.1(129)(A)(iv) (definition
                                          of a solid waste), effective
                                          May 30, 2001, as amended;
                                          335.431, effective April 30,
                                          2000, as amended.
21. Land Disposal Restrictions Phase IV- Texas Water Code Annotated
 Zinc Micronutrient Fertilizers,          Section 5.103 (Vernon 2000),
 Administrative Stay, [63 FR 46332]       effective September 1, 1995,
 August 31, 1998. (Checklist 170).        as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431, effective November
                                          15, 2001.
22. Emergency Revision of Land Disposal  Texas Water Code Annotated
 Restrictions (LDR) Treatment Standards   Section 5.103 (Vernon 2000),
 for Listed Hazardous Waste from          effective September 1, 1995,
 Carbamate Production, [63 FR 47409]      as amended; Texas Health &
 September 4, 1998. (Checklist 171).      Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431(c), effective November
                                          15, 2001.

[[Page 23611]]

 
23. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Extension of Compliance Date for     Section 5.103 (Vernon 2000),
 Characteristic Slags [63 FR 48124],      effective September 1, 1995,
 September 9, 1998 (Checklist 172).       as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431, effective November
                                          15, 2001, as amended.
24. Land Disposal Restrictions--         Texas Water Code Annotated
 Treatment Standards for Spent            Section 5.103 (Vernon 2000),
 Potliners from Primary Aluminum          effective September 1, 1995,
 Reduction (KO88), [63 FR 51254]          as amended; Texas Health &
 September 24, 1998. (Checklist 173).     Safety Code Annotated Section
                                          361.017 (Vernon 2001)
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.431(c), effective November
                                          15, 2001.
25. Hazardous Remediation Waste          Texas Water Code Annotated
 Management Requirements (HWIR-Media),    Section 5.103 (Vernon 2000),
 [63 FR 65874] November 30, 1998.         effective September 1, 1995,
 (Checklist 175).                         as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.003 (Vernon 2001),
                                          effective September 1, 1991,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          Sections 335.1 (definition of
                                          staging pile), and 335.111(a),
                                          effective November 15, 2001;
                                          335.431, effective November
                                          15, 2001; and 335.152(a)(14),
                                          effective November 18, 2001.
26. Universal Waste Rule--Technical      Texas Water Code Annotated
 Amendments [63 FR 71225], December 24,   Section 5.103 (Vernon 2000),
 1998. (Checklist 176).                   effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.261(b)(16)(D), effective
                                          April 30, 2000; Section
                                          335.251, effective October 19,
                                          1998.
27. Organic Air Emission Standards:      Texas Health & Safety Code
 Clarification and Technical Amendments   Annotated Section 361.024
 [64 FR 3382], January 21, 1999.          (Vernon 2001), effective
 (Checklist 177).                         September 1, 1995, as amended;
                                          Texas Health & Safety Code
                                          Annotated Section 361.078
                                          (Vernon 2001), effective
                                          September 1, 1989, as amended;
                                          30 Texas Administrative Code
                                          Sections 335.69(a)(1)(A)-(B)
                                          effective March 18, 2001;
                                          335.152(a)(17), (19), and
                                          (21), effective November 18,
                                          2001.
28. Petroleum Refining Process Wastes-   Texas Water Code Annotated
 Leachate Exemption [64 FR 6806],         Section 5.103 (Vernon 2000),
 February 11, 1999. (Checklist 178).      effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.003 (Vernon 2001),
                                          September 1, 1991, as amended;
                                          Texas Health & Safety Code
                                          Annotated Section 361.017
                                          (Vernon 2001), effective
                                          September 1, 1995, as amended;
                                          Texas Health & Safety Code
                                          Annotated Section 361.024
                                          (Vernon 2001), effective
                                          September 1, 1995, as amended;
                                          Texas Health & Safety Code
                                          Annotated Section 361.078
                                          (Vernon 2001), effective
                                          September 1, 1989, as amended;
                                          30 Texas Administrative Code
                                          Section 335.1 (definition of a
                                          hazardous waste), January 26,
                                          1994 as amended.
29. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Technical Corrections and            Section 5.103 (Vernon 2000),
 Clarifications to Treatment Standards    effective September 1, 1995,
 [64 FR 25408], May 11, 1999.             as amended; Texas Health &
 (Checklist 179).                         Safety Code Annotated Section
                                          361.003 (Vernon 2001),
                                          effective September 1, 1991,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          Section 335.1 (definition of
                                          solid waste), effective May
                                          30, 2001; Section 335.431(c),
                                          effective November 15, 2001;
                                          and Section 335.69(f)(4)(C),
                                          effective March 18, 2001.

[[Page 23612]]

 
30. Guideline for Establishing Test      Texas Water Code Annotated
 Procedures for the Analysis of Oil and   Section 5.103 (Vernon 2000),
 Grease and Non-Polar Material Under      effective September 1, 1995,
 the Clean Water Act and Resource         as amended; Texas Health &
 Conservation and Recovery Act [64 FR     Safety Code Annotated Section
 26315], June 14, 1999. (Checklist 180).  361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.31, effective November 15,
                                          2001.
31. Universal Waste Rule: Specific       Texas Water Code Annotated
 Provisions for Hazardous Waste Lamps     Section 5.103 (Vernon 2000),
 [64 FR 36466], July 6, 1999.             effective September 1, 1995,
 (Checklist 181).                         as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of universal
                                          waste), effective May 30,
                                          2001; Section 335.2(1),
                                          effective April 30, 2000;
                                          Section 335.41(j), effective
                                          April 12, 2001; Section
                                          335.151(b), effective February
                                          22, 1994; Sections 335.261(a)-
                                          (b), effective April 30, 2000;
                                          and Section 335.431(b)(3),
                                          effective November 15, 2001.
32. NESHAPS: Final Standards for         Texas Water Code Annotated
 Hazardous Air Pollutants for Hazardous   Section 5.103 (Vernon 2000),
 Waste Combustors, Miscellaneous Units,   effective September 1, 1995,
 and Secondary Lead Smelters;             as amended; Texas Health &
 Clarification of BIF Requirements        Safety Code Annotated Section
 Technical Correction to Fast-track       361.017 (Vernon 2001),
 Rule (MACT Rule), [64 FR 52827]          effective September 1, 1995,
 September 30, 1999; [64 FR 63209]        as amended; Texas Health &
 November 19, 1999. (Checklist 182 &      Safety Code Annotated Section
 182.1).                                  361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Sections
                                          335.1 (129)(A)(iv) (definition
                                          of solid waste), effective
                                          November 15, 2001,
                                          335.152(a)(13),
                                          335.112(a)(14), November 18,
                                          2001; Section 305.50(4)(A),
                                          effective March 21, 200;
                                          Section 305.175, effective
                                          November 15, 2001; Section
                                          335.152(a)(14), effective
                                          November 18, 2001; Section
                                          305.69(i), effective November
                                          15, 2001; Sections 335.1
                                          (definitions), 335.221(a),
                                          335.221(a)(1), 305.50(4)(A),
                                          305.571(b), and 335.222(a)(c),
                                          effective November 15, 2001.
33. Land Disposal Restrictions Phase     Texas Water Code Annotated
 IV--Technical Corrections [64 FR         Section 5.103 (Vernon 2000),
 56469], October 20, 1999 (Checklist      effective September 1, 1995,
 183).                                    as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          Section 335.431(c) effective
                                          November 15, 2001.
34. Waste Water Treatment Sludges from   Texas Water Code Annotated
 Metal Finishing Industry; 180-day        Section 5.103 (Vernon 2000),
 Accumulation time [65 FR 12378], March   effective September 1, 1995,
 8, 2000. (Checklist 184).                as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.69(j)-(l) effective March
                                          18, 2001.
35. Organobromine Production Waste [65   Texas Water Code Annotated
 FR 14472], March 17, 2000. (Checklist    Section 5.103 (Vernon 2000),
 185).                                    effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.017 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.024 (Vernon 2001),
                                          effective September 1, 1995,
                                          as amended; Texas Health &
                                          Safety Code Annotated Section
                                          361.078 (Vernon 2001),
                                          effective September 1, 1989,
                                          as amended; 30 Texas
                                          Administrative Code Section
                                          335.1 (definition of a
                                          hazardous waste), effective
                                          January 26, 1994, as amended;
                                          Section 335.431(c) effective
                                          November 15, 2001.
------------------------------------------------------------------------

Statutory and Executive Order Reviews

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore, this action is not subject to review by OMB. This 
rule incorporated by reference Texas' authorized hazardous waste 
management regulations, and imposes no additional requirements beyond 
those imposed by State law. This final rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Incorporation by 
reference will not impose any new burdens on small entities. 
Accordingly, I certify that this action will not have a significant 
economic impact on a

[[Page 23613]]

substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule merely incorporates by 
reference certain existing State hazardous waste management program 
requirements which EPA already approves under 40 CFR part 271, and does 
not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This action will not 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, as specified in Executive Order 13132 (64 FR 
43255 (1999)), because it merely incorporates by reference existing 
State hazardous waste management program requirements without altering 
the relationship or the distribution of power and responsibilities 
established by RCRA. This action also does not have Tribal implications 
within the meaning of Executive Order 13175 (65 FR 67249(2000)).
    This action also is not subject to Executive Order 13045 (62 FR 
19885 (1997)), because it is not economically significant and it does 
not make decisions based on environmental health or safety risks. This 
action is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply Distribution or 
Use'' (66 FR 28344 (2001)) because it is not a significant regulatory 
action under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a State's application for 
incorporation by reference as long as the State meets the criteria 
required by RCRA. It would thus be inconsistent with applicable law for 
EPA, when it reviews a State incorporation by reference application, to 
require the use of any particular voluntary consensus standard in place 
of another standard that otherwise satisfies the requirements of RCRA. 
Thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. The 
final rule does not include environmental justice issues that require 
consideration under Executive Order 12898 (59 FR 7629, February 16, 
1994). EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. As required by section 3 of Executive Order 
12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct.
    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 prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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.

    Authority: This action 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: April 21, 2003.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
[FR Doc. 03-10759 Filed 5-2-03; 8:45 am]
BILLING CODE 6560-50-P