[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Pages 13127-13139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5410]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7886-2]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

[[Page 13128]]


ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The State of Texas has applied for final authorization of 
certain revisions, identified in Section F in the Supplementary 
Information, to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The EPA has determined that these 
revisions satisfy all the requirements needed to qualify for final 
authorization, and is proposing to authorize the State's revisions 
through this action.

DATES: This proposed revision is available for public comment for April 
18, 2005.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. E-mail: Comments may be sent by electronic mail to 
[email protected].
    3. Mail: Send comments to: Alima Patterson, Region 6, Regional 
Authorization Coordinator, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas Texas 75202-2733.
    4. Hand Delivery or Courier. Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733.
    Instructions: Please refer to Docket Number TX-01-05. Do not submit 
information that you consider to be confidential business information 
(CBI) or otherwise protected through e-mail. The Federal 
regulations.gov Web site is an ``anonymous access'' system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    You can view and copy Texas's application and associated publicly 
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at 
the following locations: Texas Commission on Environmental Quality 
(TCEQ), 12100 Park 35, Circle, Austin TX 78753-3087, (512) 239-1121 and 
EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533. Interested persons wanting to examine these documents should make 
an appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional 
Authorization Coordinator, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, [email protected], (214) 665-
8533, Bruce Jones, Senior Assistant Regional Counsel, Office of 
Regional Counsel (214) 665-3184 and Darrin Swartz-Larson, RCRA 
Combustion Team Contact, (214) 665-7115 or submit your questions 
electronically to [email protected] and [email protected] 
for more information on the proposed rule to delegate MACT authority to 
Texas.

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from the 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 program. As the Federal program changes, 
States must change their programs and ask the 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 the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
    This is not the first time EPA has taken action on these revisions 
to Texas' program. On April 15, 2003, EPA published an immediate final 
rule which covered the same revisions as this Proposal. On June 16, 
2003, the revisions of that immediate final rule became effective. EPA 
discovered that adverse comments were properly filed challenging 
approval of the immediate final revisions for Texas. Since EPA had not 
responded to the comments or properly investigated them prior to 
finalization of the immediate final rule, EPA was required to withdraw 
final approval of the immediate final revisions. On July 22, 2003, EPA 
formally removed the immediate final rule published on April 15, 2003. 
Significant time has elapsed since EPA removal of the rule, therefore, 
the Agency is once again publishing these revisions to the Texas 
program. However, this action is a proposal to take comment on 
authorizing Texas for the revisions that were removed on July 22, 2003. 
This will allow the original commenter to resubmit his comments or 
submit new comments as well as allow other members of the public an 
opportunity to comment.
    In addition, EPA expects to receive adverse comments on these 
revisions, therefore, publishing as a proposed rule rather than as an 
immediate final rule conforms with EPA guidance. After the close of the 
public comment period for today's proposal, EPA will timely publish a 
document in the Federal Register which responds to any comments 
received and either (a) finalize the proposed decision based on 
comments, (b) modify the decision and finalize this action, or (c) 
based on comments, EPA may decide not to finalize this proposal.
    The original specific comments raised concerns about public 
participation in Texas' enforcement program, limits on Federal 
agencies' ability to comment on certain State actions, whether Texas' 
regulation of hazardous waste combustors was protective, and whether 
risk assessments are necessary to ensure protectiveness. EPA 
specifically requests that any additional comments or information that 
the public may have on these or other similar related issues be 
submitted for our consideration on this proposal. In addition, the 
commenter raised some issues about the interplay between the RCRA rules 
on emissions from hazardous waste combustors and the Clean Air Act 
(CAA) rules covering the same emissions. EPA directs the public to the 
discussion about the interplay between the two rules in Section F of 
this document. In addition and in a completely separate rulemaking, EPA 
is also currently proposing to delegate to Texas the authority 
implementing the CAA rules covering hazardous waste combustors known as 
the Maximum Achievable Control Technology (MACT) rules. Any specific 
comments or concerns regarding the delegation to Texas of the MACT 
rules for combustors in the State of Texas should be

[[Page 13129]]

submitted during the public comment period for that proposal.

B. What Decisions Have We Made in This Rule?

    EPA concludes that Texas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, EPA is proposing to authorize the 
State's revisions to the Texas hazardous waste program as described in 
this document. Texas has the responsibility for permitting Treatment, 
Storage, and Disposal Facilities (TSDFs) 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.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in the State of 
Texas subject to RCRA will now have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. The State of Texas has enforcement responsibilities 
under its State hazardous waste program for violations of such program, 
but the EPA retains its authority under RCRA sections 3007, 3008, 3013, 
and 7003, which include, among others, authority to:
     Do inspections, require monitoring, tests, analyses, or 
reports; and
     Enforce RCRA requirements and suspend or revoke permits.
    This action does not impose additional requirements on the 
regulated community because the regulations for which the State of 
Texas is being authorized by today's action are already effective under 
State law, and are not changed by today's action.

D. What Happens if EPA Receives Comments That Oppose This Action?

    EPA believes that, because of the adverse comments received on the 
original notice in 2003, there will be comments on this proposal as 
well. If EPA receives comments which oppose this authorization, it will 
respond to those comments and take the appropriate final action on the 
proposal in light of the comments received.

E. For What Has the State of Texas Previously Been Authorized?

    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 Federal Register on March 26, 1985 (50 FR 11858). Texas received 
final authorization for revisions to its program in notices published 
in the Federal Register on January 31, 1986, effective October 4, 1985 
(51 FR 3952); and on December 18, 1986, effective February 17, 1987 (51 
FR 45320). EPA 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); On September 12, 
1997, effective November 26, 1997 (62 FR 47947); and on August 18, 1999 
effective October 18, 1999 (64 FR 44836) and July 13, 2000; effective 
September 11, 2000 (65 FR 43246). EPA incorporated by reference the 
State of Texas Base Program and additional program revisions in RCRA 
Clusters III and IV into the CFR on September 14, 1999 (64 FR 49673); 
effective November 15, 1999. On March 28, 2002, Texas submitted a final 
complete program revision application, seeking authorization of its 
program revision in accordance with 40 CFR 271.21.
    In 1991, Texas Senate Bill 2 created the 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. House Bill 2912, Article 18, of the 
77th Texas Legislature, 2001, changed the name of the TNRCC to the 
Texas Commission on Environmental Quality (TCEQ) and directed the TNRCC 
to adopt a timetable for phasing in the change of the agency's name. 
The TNRCC decided to make the change of the agency's name to TCEQ 
effective September 1, 2002. The change of name became effective 
September 1, 2002, and the legislative history of the name change is 
documented in the Attorney General Statement. The TCEQ may perform any 
act for which it was authorized as either TNRCC or TWC. Therefore, 
references to TCEQ are references to TWC and to its successor, TNRCC. 
For further legislative history on the name-change (See, Act of June 
15, 2001, 77th Leg. R. S., Ch 965, Section 18.01, 2001 Tex. Gen. Laws 
1985).
    The TCEQ has primary responsibility for administration of laws and 
regulations concerning hazardous waste, under the Texas Solid Waste 
Disposal Act (codified in Chapter 361 of the Texas Health & Safety 
Code). The TCEQ is authorized to administer the RCRA program. However, 
the Railroad Commission (RRC) has jurisdiction over the discharge, 
storage, handling, transportation, reclamation, or disposal of waste 
materials (both hazardous and non hazardous) that result from the 
activities associated with the exploration, development, or production 
of oil or gas or geothermal resources and other activities regulated by 
the RRC. See Tex. Water Code Ann. Section 26.131 and Ch. 27 (Vernon 
2000). A list of activities that generate wastes that are subject to 
the jurisdiction of the RRC is found at 16 Tex. Admin. Code Section 
3.8(a)(30) and at 30 Tex. Admin. Code Sec.  335.1. Such wastes are 
termed ``oil and gas wastes.'' The TCEQ has responsibility to 
administer the RCRA program; however, hazardous wastes generated at 
natural gas or natural gas liquids processing plants or reservoir 
pressure maintenance or repressurizing plants are subject to the 
jurisdiction of the TCEQ until the RRC is authorized by EPA to 
administer those wastes under RCRA. When the RRC is authorized by EPA 
to administer the RCRA program for these wastes, jurisdiction over such 
hazardous wastes will transfer from the TCEQ to the RRC. The EPA has 
designated the TCEQ as the lead agency to coordinate RCRA activities 
between the two agencies. The EPA is responsible for the regulation of 
any hazardous waste for which TCEQ has not been previously authorized.
    Further clarification of the jurisdiction between the TCEQ and the 
RRC can be found in a separate document. This document, a Memorandum of 
Understanding (MOU), became effective on May 31, 1998. The MOU 
clarified the jurisdictional boundaries between the agencies for the 
management and regulation of waste associated with exploration, 
development, production and refining of oil and gas. The MOU has been 
adopted by rule, which is an adoption by reference of the RRC's rule, 
and describes the division of responsibilities as well as the 
procedures for coordination between the two agencies.

[[Page 13130]]

See TCEQ's rule 30 Tex. Admin. Code Section 7.117 and RRC's rule at 16 
Tex. Admin. Code Section 3.30.
    The TCEQ has the rules necessary to implement RCRA Clusters VII 
through X revisions to the Federal Hazardous Waste Program promulgated 
from July 1, 1995, to June 30, 2000. The TCEQ authority to incorporate 
Federal rules by reference can be found at Texas Government Code 
Annotated Section 311.027 (Vernon 1998), and adoption of the hazardous 
waste rules in general are pursuant to the following statutory 
provisions: (1) Tex. Water Code Ann. Section 5.103 (Vernon 2000), 
effective September 1995, as amended (TCEQ's authority to adopt any 
rules necessary to carry out its powers and duties); (2) Tex. Health & 
Safety Code Ann. Section 361.024 (Vernon 2001), effective September 1, 
1995, as amended (authority to adopt rules necessary to ``establish 
minimum standards of operation for the management and control of solid 
waste''); and (3) Tex. Health & Safety Code Ann.Section 361.078 (Vernon 
2001), effective September 1, 1989 (specifically recognizing TCEQ's 
authority to adopt hazardous waste rules and to issue and enforce 
permits to the extent necessary to receive and maintain RCRA 
authorization). The TCEQ partially adopted the Hazardous Remediation 
Waste Management Requirements (HWIR-Media). The following are the 
Federal rules: 40 CFR 260.10, 261.4(g) through 261.4(g)(2)(ii), 
264.1(j)(3)(i) through 264.1(j)(3), 264.554 through 264.554(m), 
265.1(b), 268.2(c), 268.50(g) and 270.42 Appendix I. The HWIR-Media 
rule is an optional rule; States can partially adopt the rule if it has 
in place another mechanism to address those hazardous wastes. The TCEQ 
did not adopt 40 CFR 270.11(d)(1)-(3), 270.68, 270.73(a), 270.79, 
270.80(a)-(f), 270.85(a)-(c), 270.95, 270.100, 270.105, 270.110 
introduction through 270.110(i), 270.115, 270.120, 270.125, 270.130(a)-
(b), 270.135 introduction through 270.135(c), 270.140 introduction 
through 270.140(c), 270.145(a) introduction through 270.145(d)(3), 
270.150(a)-(g), 270.155(a) introduction through 270.155(b), 270.160 
introduction through 270.160(c), 270.165, 270.170, 270.175(a) 
introduction through 270.175(c), 270.180(a)-(b), 270.185, 270.190(a)-
(d), 270.195, 270.200, 270.205, 270.210 introduction through 
270.210(b), 270.215(a), 270.215(a)-(d), 270.220(a)-(b), 270.225, and 
270.230(a) through 270.230(e)(2). Therefore, the Federal rules listed 
in this document that the State did not adopt are not part of the 
authorized program. However, the TCEQ has an Office of Remediation 
which is responsible for the cleanup of releases of hazardous waste and 
pollutants so that threats to human health and the environment are 
controlled or eliminated. The TCEQ rules which address the Remedial 
Action Plan requirement of the HWIR-media rule are covered in the Texas 
Risk Reduction Program rules at 30 Tex. Admin. Code Ch. 350 and 30 Tex. 
Admin. Code Section 350.75. The Texas Risk Reduction Rules are not part 
of Texas' authorized Federal RCRA program.

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

    On March 28, 2002, the State of Texas submitted a final complete 
program revision application, seeking authorization of their changes in 
accordance with 40 CAR 271.21. Texas' revisions consist of regulations 
which specifically govern Federal Hazardous Waste promulgated from July 
1, 1995, to June 30, 2000 ( RCRA Clusters VII through X). Texas' 
requirements are included in a chart with this document. The EPA is now 
proposing certain revisions to the Texas Hazardous Waste Program. The 
proposed revisions are:

----------------------------------------------------------------------------------------------------------------
   Description of Federal requirement       Federal Register date and
    (include checklist , if       page (and/or RCRA statutory          Analogous State authority
                relevant)                           authority)
----------------------------------------------------------------------------------------------------------------
1. Criteria for Classification of Solid   61 FR 34252 July 01, 1996....  Texas Water Code Annotated Section
 Waste Disposal Facilities and                                            5.103 (Vernon 2000), effective
 Practices; Identification and Listing                                    September 1, 1995, as amended; Texas
 of Hazardous Waste; Requirements for                                     Health & Safety Code Annotated Section
 Authorization of State Hazardous Waste                                   361.017 (Vernon 2001), effective
 Programs. (Checklist 153).                                               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.

[[Page 13131]]

 
2. Hazardous Waste Treatment; Storage     61 FR 59931 November 25,       Texas Water Code Annotated Section
 and Disposal Facilities and Hazardous     1996; 59 FR 62896 December     5.103 (Vernon 2000), effective
 Waste Generators; Organic Air Emission    6, 1994; 60 FR 26828 May 19,   September 1, 1995, as amended; Texas
 Standards for Tanks, Surface              1995; 60 FR 50426 September    Health & Safety Code Annotated Section
 Impoundments and Containers.              29, 1995; 60 FR 56952          361.017 (Vernon 2001), effective
 (Checklists 154, 154.1, 154.2, 154.3,     November 13, 1995; 61 FR       September 1, 1995, as amended; Texas
 154.4, 154.5, and 154.6).                 4903; 61 FR 28508 June 5,      Health & Safety Code Annotated Section
                                           1996.                          361.024 (Vernon 2001), effective
                                                                          September 1, 1995, 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; and 305.50(4)(A), effective
                                                                          November 18, 2001. 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.
3. Land Disposal Restrictions Phase III-  62 FR 1992 January 14,1997...  Texas Water Code Annotated Section
 Emergency Extension of the K088                                          5.103 (Vernon 2000), effective
 Capacity Variance. (Checklist 155).                                      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
                                                                          335.341(c), effective April 30, 2000.
4. Military Munitions Rule; Hazardous     62 FR 6622 February 12, 1997.  Texas Water Code Annotated Section
 Waste Identification and Management                                      5.103 (Vernon 2000), effective
 Explosives Emergencies; Manifest                                         September 1, 1995, as amended; Texas
 Exemptions for Transport of Hazardous                                    Health & Safety Code Annotated Section
 Waste on Right-of-Ways on Contiguous                                     361.017 (Vernon 2001), effective
 Properties. (Checklist 156).                                             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 Section
                                                                          361.078 (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 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.

[[Page 13132]]

 
5. Land Disposal Restrictions--Phase IV:  62 FR 25998 May 12, 1997.....  Texas Water Code Annotated Section
 Treatment Standards for Wood Preserving                                  5.103 (Vernon 2000), effective
 Wastes, Paperwork Reduction and                                          September 1, 1995, as amended; Texas
 Streamlining, Exemptions From RCRA for                                   Health & Safety Code Annotated Section
 Certain Processed Materials; and                                         361.017 (Vernon 2001), effective
 Miscellaneous Hazardous Waste                                            September 1, 1995, as amended; Texas
 Provisions. (Checklist 157).                                             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 April 30, 2000, as
                                                                          amended; 30 Texas Administrative Code
                                                                          Section 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 provision
                                                                          equivalent to 40 CFR 268.44(a), under
                                                                          which EPA may assure a variance from
                                                                          an applicable treatment standard.
6. Hazardous Waste Management System;     62 FR 32452 June 13, 1997....  Texas Water Code Annotated Section
 Testing and Monitoring Activities.                                       5.103 (Vernon 2000), effective
 (Checklist 158).                                                         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
                                                                          335.31, 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;     62 FR 32974 June 17, 1997....  Texas Water Code Annotated Section
 Carbamate Production, Identification                                     5.103 (Vernon 2000), effective
 and Listing of Hazardous Waste; Land                                     September 1, 1995, as amended; Texas
 Disposal Restrictions. (Checklist 159).                                  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, 30 Texas
                                                                          Administrative Code Section 335.1 (def
                                                                          of Hazardous waste), effective January
                                                                          26, 1994, as amended and Section
                                                                          335.29, effective April 4, 1999.
8. Land Disposal Restrictions Phase III-- 62 FR 37694 July 14, 1997....  Texas Water Code Annotated Section
 Emergency Extension of the K088                                          5.103 (Vernon 2000), effective
 National Capacity Variance. (Checklist                                   September 1, 1995, as amended; Texas
 160).                                                                    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 13133]]

 
9. Second Emergency Revision of the Land  62 FR 45568 August 28, 1997..  Texas Water Code Annotated Section
 Disposal Restrictions (LDR) Treatment                                    5.103 (Vernon 2000), effective
 Standards for Listed Hazardous Wastes                                    September 1, 1995, as amended; Texas
 From Carbamate Production. (Checklist                                    Health & Safety Code Annotated Section
 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    62 FR 64636 December 8, 1997.  Texas Water Code Annotated Section
 Tanks, Surface Impoundments, and                                         5.103 (Vernon 2000), effective
 Containers; Clarification and Technical                                  September 1, 1995, as amended; Texas
 Amendments. (Checklist 163).                                             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
                                                                          335.152(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 Condensate  63 FR 18504 April 15, 1998...  Texas Water Code Annotated Section
 Exclusion. (Checklist 164).                                              5.103 (Vernon 2000), 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          63 FR 24963 May 6, 1998......  Texas Water Code Annotated Section
 Standards; Technical Correction and                                      5.103 (Vernon 2000), effective
 Clarification. (Checklist 166).                                          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; Texas
                                                                          Health & Safety Code Annotated Chapter
                                                                          371, effective September 1, 1991, as
                                                                          amended; 30 Texas Administrative Code
                                                                          Section 355.78(j), effective October
                                                                          19, 1998; Section 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 IV-  63 FR 28556 May 26, 1998.....  Texas Water Code Annotated Section
 Treatment Standards for Metal Wastes                                     5.103 (Vernon 2000), effective
 and Mineral Processing Wastes.                                           September 1, 1995, as amended; Texas
 (Checklist 167 A).                                                       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 (A)(iv)
                                                                          (definition of solid waste), effective
                                                                          May 30, 2001, as amended; Section
                                                                          335.431(c), effective November 15,
                                                                          2001.

[[Page 13134]]

 
14. Land Disposal Phase IV--Hazardous     63 FR 28556 May 26, 1998.....  Texas Water Code Annotated Section
 Soils Treatment Standards and                                            5.103 (Vernon 2000), effective
 Exclusions. (Checklist 167 B).                                           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
                                                                          335.69(f)(4)(C), effective March 18,
                                                                          2001; Section 335.431(c), effective
                                                                          November 15, 2001. State law has no
                                                                          provision equivalent to 40 CFR
                                                                          268.44(a), under which EPA may assure
                                                                          a variance from an applicable
                                                                          treatment standard.
15. Land Disposal Restrictions Phase IV-- 63 FR 28556 May 26, 1998.....  Texas Water Code Annotated Section
 Corrections. (Checklist 167 C).                                          5.103 (Vernon 2000), 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 CFR
                                                                          268.44(a), under which EPA may assure
                                                                          a variance from an applicable
                                                                          treatment standard.
16. Mineral Processing Secondary          63 FR 28556 May 26, 1998.....  Texas Water Code Annotated Section
 Material Exclusion. (Checklist 167 D).                                   5.103 (Vernon 2000), 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          63 FR 28556 May 26, 1998.....  Texas Water Code Annotated Section
 Clarification. (Checklist 167 E).                                        5.103 (Vernon 2000), 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 May 30, 2001 as
                                                                          amended; 335.1 (definition of a
                                                                          hazardous waste, effective January 26,
                                                                          1994, as amended.
18. Exclusion of Recycled Wood            63 FR 28556 May 26, 1998.....  Texas Water Code Annotated Section
 Preserving Wastewater. (Checklist 167                                    5.103 (Vernon 2000), effective
 F).                                                                      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)
                                                                          (A)(iv), effective May 30, 2001 as
                                                                          amended; 335.1 (definition of a
                                                                          hazardous waste, effective January 26,
                                                                          1994, as amended.

[[Page 13135]]

 
19. Hazardous Waste Combustors Revised    63 FR 33782 June 19, 1998....  Texas Water Code Annotated Section
 Standards. (Checklist 168).                                              5.103 (Vernon 2000), 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 42110 August 6, 1998;    Texas Water Code Annotated Section
 (Checklist 169 &169.1).                   63 FR 54356 October 9, 1998.   5.103 (Vernon 2000), effective
                                                                          September 1, 1995, 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
                                                                          Section 335.1 (definition of hazardous
                                                                          waste) effective January 26, 1994, as
                                                                          amended, 335.1(129)(A)(iv) (def. of a
                                                                          solid waste), effective May 30, 2001,
                                                                          as amended; 335.431, effective April
                                                                          30, 2000, as amended.
21. Land Disposal Restrictions Phase IV-- 63 FR 46332 August 31, 1998..  Texas Water Code Annotated Section
 Zinc Micronutrient Fertilizers,                                          5.103 (Vernon 2000), effective
 Administrative Stay. (Checklist 170).                                    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, effective November 15, 2001.
22. Emergency Revision of Land Disposal   63 FR 47409 September 4, 1998  Texas Water Code Annotated Section
 Restrictions (LDR) Treatment Standards                                   5.103 (Vernon 2000), effective
 for Listed Hazardous Waste from                                          September 1, 1995, as amended; Texas
 Carbamate Production. (Checklist 171).                                   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.
23. Land Disposal Restrictions Phase IV-- 63 FR 48124 September 9, 1998  Texas Water Code Annotated Section
 Extension of Compliance Date for                                         5.103 (Vernon 2000), effective
 Characteristic Slags. (Checklist 172).                                   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, effective November 15, 2001,
                                                                          as amended.

[[Page 13136]]

 
24. Land Disposal Restrictions--          63 FR 51254 September 24,      Texas Water Code Annotated Section
 Treatment Standards for Spent Potliners   1998.                          5.103 (Vernon 2000), effective
 from Primary Aluminum Reduction (K088).                                  September 1, 1995, as amended; Texas
 (Checklist 173).                                                         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.
25. Hazardous Remediation Waste           63 FR 65874 November 30, 1998  Texas Water Code Annotated Section
 Management Requirements (HWIR-Media).                                    5.103 (Vernon 2000), effective
 (Checklist 175).                                                         September 1, 1995, 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       63 FR 71225 December 24, 1998  Texas Water Code Annotated Section
 Amendments. (Checklist 176).                                             5.103 (Vernon 2000), 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:       64 FR 3382 January 21, 1999..  Texas Health & Safety Code Annotated
 Clarification and Technical Amendments.                                  Section 361.024 (Vernon 2001),
 (Checklist 177).                                                         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 335.69(a)(1)(A)-(B) effective
                                                                          March 18, 2001; 335.152(a)(17), (19),
                                                                          and (21), effective November 18, 2001.
28. Petroleum Refining Process Wastes--   64 FR 6806 February 11, 1999.  Texas Water Code Annotated Section
 Leachate Exemption. (Checklist 178).                                     5.103 (Vernon 2000), 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),
                                                                          effective January 26, 1994 as amended.

[[Page 13137]]

 
29. Land Disposal Restrictions Phase IV-- 64 FR 25408 May 11, 1999.....  Texas Water Code Annotated Section
 Technical Corrections and                                                5.103 (Vernon 2000), effective
 Clarifications to Treatment Standards.                                   September 1, 1995, as amended; Texas
 (Checklist 179).                                                         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; 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.
30. Guideline for Establishing Test       64 FR 26315 June 14, 1999....  Texas Water Code Annotated Section
 Procedures for the Analysis of Oil and                                   5.103 (Vernon 2000), effective
 Grease and Non-Polar Material Under the                                  September 1, 1995, as amended; Texas
 Clean Water Act and Resource                                             Health & Safety Code Annotated Section
 Conservation and Recovery Act.                                           361.017 (Vernon 2001), effective
 (Checklist 180).                                                         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        64 FR 36466 July 6, 1999.....  Texas Water Code Annotated Section
 Provisions for Hazardous Waste Lamps.                                    5.103 (Vernon 2000), effective
 (Checklist 181).                                                         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 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          64 FR 52827 September          Texas Water Code Annotated Section
 Hazardous Air Pollutants for Hazardous    30,1999; 64 FR 63209           5.103 (Vernon 2000), effective
 Waste Combustors, Miscellaneous Units,    November 19, 1999.             September 1, 1995, as amended; Texas
 and Secondary Lead Smelters;                                             Health & Safety Code Annotated Section
 Clarification of BIF Requirements                                        361.017 (Vernon 2001), effective
 Technical Correction to Fast-track Rule                                  September 1, 1995, as amended; Texas
 (MACT Rule). (Checklists 182 & 182.1).                                   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 (129)(A)(iv) (def. of solid
                                                                          waste), effective November 15, 2001,
                                                                          335.12001(a)(13), 335.112(a)(14),
                                                                          effective November 18, 2001; Section
                                                                          305.50(4)(A), effective March 21,
                                                                          2000; Section 305.175, effective
                                                                          November 15, 2001; Section
                                                                          335.152(a)(14), effective November 18,
                                                                          2001; Sections 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.

[[Page 13138]]

 
33. Land Disposal Restrictions Phase IV-- 64 FR 56469 October 20, 1999.  Texas Water Code Annotated Section
 Technical Corrections. (Checklist 183).                                  5.103 (Vernon 2000), 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.
34. Waste Water Treatment Sludges from    65 FR 12378 March 8, 2000....  Texas Water Code Annotated Section
 Metal Finishing Industry; 180-day                                        5.103 (Vernon 2000), effective
 Accumulation time. (Checklist 184).                                      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
                                                                          335.69(j)-(l) effective March 18,
                                                                          2001.
35. Organobromine Production Waste.       65 FR 14472 March 17, 2000...  Texas Water Code Annotated Section
 (Checklist 185).                                                         5.103 (Vernon 2000), 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.
----------------------------------------------------------------------------------------------------------------

G. What Is the Relationship Between the Resource Conservation and 
Recovery Act and the Hazardous Waste Combustor MACT?

    In this authorization document, the State of Texas is also seeking 
authorization for the Hazardous Waste Combustors Revised Standards 
(Checklist 168). On September 30, 1999, EPA finalized the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for three 
categories of hazardous waste combustors (HWCs): incinerators, cement 
kilns, and light-weight aggregate kilns (64 FR 52828). The EPA 
promulgated this rule under joint authority of the Clean Air Act (CAA) 
and RCRA. Before this rule went into effect, the air emissions from 
these three types of HWCs were primarily regulated under the authority 
of RCRA (see 40 CFR parts 264, 265, 266, and 270). However, with the 
release of the final HWC NESHAP (see 40 CFR part 63, subpart EEE), the 
air emissions from these sources are now regulated under RCRA and CAA. 
Even though both statutes give EPA the authority to regulate these 
emissions, EPA has determined that having emissions standards and 
permitting requirements in both sets of implementing regulations would 
be duplicative. For this reason, using the authority provided by 
section 1006(b) of RCRA, EPA deferred the RCRA requirements for HWC 
emission controls to the CAA requirements of 40 CFR part 63, subpart 
EEE.
    Therefore, with today's authorization of the State of Texas for the 
RCRA provisions of the September 30, 1999, HWC NESHAP rule, the RCRA 
waste management standards for air emissions from these units will no 
longer apply after the facility has demonstrated compliance with 40 CFR 
part 63, subpart EEE. One notable exception concerns the RCRA Omnibus 
provision in section 3005(c)(3) of RCRA, which requires each RCRA 
permit to contain terms and conditions necessary to protect human 
health and the environment. Under this provision of RCRA, if a 
regulatory authority determines that more stringent conditions than the 
HWC NESHAP are necessary to protect human health and the environment 
for a particular facility, then the regulatory authority may impose 
those conditions in the facility's RCRA permit. (See the HWC MACT rule 
preamble discussion on the interrelationship of the MACT rule with the 
RCRA Omnibus provision and site specific risk assessment at 64 FR 
52828, pages 52839-52843, September 30, 1999, and the RCRA Site-
Specific Risk Assessment Policy for Hazardous Waste Combustion 
Facilities, dated June, 2000, for more information).

H. Where Are the Revised State Rules Different From the Federal Rules?

    The State law is more stringent than the Federal rule because the 
State does not have provisions equivalent to 40 CFR 268.44(a)(10) 
regarding tolling agreements. Also, the State law has no provision 
equivalent to 40 CFR 268.44(a), under which EPA may approve a variance 
from an applicable

[[Page 13139]]

treatment standard. In this authorization, there are no broader in 
scope provisions. Broader-in-scope requirements are not part of the 
authorized program and EPA cannot enforce them.

I. Who Handles Permits After the Authorization Takes Effect?

    The State of Texas will issue and administer permits for all the 
provisions for which it is authorized. 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. EPA 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 State of Texas is not yet authorized.

J. When Will This Approval Take Effect?

    EPA, after the close of the public comment period, will review and 
respond to comments it receives and then will subsequently publish a 
final action that responds to the comments and may either finalize the 
proposal without change, modify the proposal based on comments, or 
announce a decision not to finalize the proposal.

K. 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.

L. What Is Codification and Is EPA Codifying Texas' Hazardous Waste 
Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart SS for this authorization of Texas' program 
changes until a later date. EPA is not codifying the State of Texas' 
statutes or regulations in this program revision.

M. 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 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes pre-existing requirements under State law 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 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). 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, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 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 
authorization 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 authorization 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 note) do not apply. 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. 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. 
This proposed 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.).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous material transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

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

    Dated: March 10, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-5410 Filed 3-17-05; 8:45 am]
BILLING CODE 6560-50-P