[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34371-34380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11663]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7924-1]


Texas: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is granting Texas final authorization of changes to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The Agency published a proposed rule on March 18, 
2005, and provided for public comment. The public comment period ended 
on April 18, 2005. We received no comments. No further opportunity for 
comment will be provided. EPA has determined that Texas' program 
revisions satisfy all the requirements needed to qualify for final 
authorization, and is authorizing the State's changes through this 
final action.

DATES: This final authorization will be effective on June 14, 2005.

ADDRESSES: 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.

SUPPLEMENTARY INFORMATION: On March 18, 2005, U.S. EPA published a 
proposed rule (70 FR 13127) proposing to grant Texas authorization for 
changes to its Resource Conservation and Recovery Act program, listed 
in section D of that notice, which was subject to public comment. No 
comments were received. We hereby determine that Texas' hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for final authorization.

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.

B. What Decisions Have We Made in This Rule?

    We conclude that Texas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Texas Final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Texas has the 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders (except in Indian Country) and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the Hazardous and 
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal

[[Page 34372]]

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 decision means 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, and 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. Proposed Rule

    On March 18, 2005, (70 FR 13127), EPA published a proposed rule. In 
that rule we proposed granting authorization of changes to Texas' 
hazardous waste program and opened our decision to public comment. The 
Agency received no comments on this proposal. EPA found Texas' RCRA 
program to be satisfactory.

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

    Texas received final authorization to implement its Hazardous Waste 
Management Program on December 12, 1984, effective December 26, 1984 
(49 FR 48300). This authorization was clarified in a notice published 
in the 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. 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 the 
State has in place other 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, these 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 CFR 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). We now make a 
final decision, that Texas' hazardous waste program revision satisfies 
all of the requirements necessary to qualify for Final authorization. 
Therefore, we propose to grant Texas Final authorization for the 
following program changes:

----------------------------------------------------------------------------------------------------------------
 Description of Federal requirement   Federal Register date and
     (include checklist No., if           page  (and/or RCRA                 Analogous state authority
             relevant)                   statutory authority)
----------------------------------------------------------------------------------------------------------------
1. Criteria for Classification of    61 FR 34252 July 01, 1996..  Texas Water Code Annotated Section 5.103
 Solid Waste Disposal Facilities                                   (Vernon 2000), effective September 1, 1995,
 and Practices; Identification and                                 as amended; Texas Health & Safety Code
 Listing of Hazardous Waste;                                       Annotated Section 361.017 (Vernon 2001)
 Requirements for Authorization of                                 effective September 1, 1995, as amended;
 State Hazardous Waste Programs.                                   Texas Health & Safety Code Annotated Section
 (Checklist 153).                                                  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 34373]]

 
2. Hazardous Waste Treatment;        61 FR 59931 November 25,     Texas Water Code Annotated Section 5.103
 Storage and Disposal Facilities      1996; 59 FR 62896 December   (Vernon 2000), effective September 1, 1995,
 and Hazardous Waste Generators;      6, 1994; 60 FR 26828 May     as amended; Texas Health & Safety Code
 Organic Air Emission Standards for   19, 1995; 60 FR 50426        Annotated Section 361.017 (Vernon 2001),
 Tanks, Surface Impoundments and      September 29, 1995; 60 FR    effective September 1, 1995, as amended;
 Containers. (Checklists 154,         56952 November 13, 1995;     Texas Health & Safety Code Annotated Section
 154.1, 154.2, 154.3, 154.4, 154.5,   61 FR 4903; 61 FR 28508      361.024 (Vernon 2001), effective September 1,
 and 154.6).                          June 5, 1996.                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  62 FR 1992 January 14, 1997  Texas Water Code Annotated Section 5.103
 III-Emergency Extension of the                                    (Vernon 2000), effective September 1, 1995,
 K088 Capacity Variance. (Checklist                                as amended; Texas Health & Safety Code
 155).                                                             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;          62 FR 6622 February 12,      Texas Water Code Annotated Section 5.103
 Hazardous Waste Identification and   1997.                        (Vernon 2000), effective September 1, 1995,
 Management Explosives Emergencies;                                as amended; Texas Health & Safety Code
 Manifest Exemptions for Transport                                 Annotated Section 361.017 (Vernon 2001)
 of Hazardous Waste on Right-of-                                   effective September 1, 1995, as amended;
 Ways on Contiguous Properties.                                    Texas Health & Safety Code Annotated Section
 (Checklist 156).                                                  361.024 (Vernon 2001), effective September 1,
                                                                   1989, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.061 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Texas
                                                                   Health & Safety Code Annotated Section
                                                                   361.078 (Vernon 2001), effective September 1,
                                                                   1989, as amended; 30 Texas Administrative
                                                                   Code Sections 335.1, and 335.61, effective
                                                                   April 12, 2001, as amended; Sections
                                                                   335.10(h), effective May 20, 1999, 335.91(f),
                                                                   and (g), 335.41(d)(2), effective April 12,
                                                                   2001, as amended, 335.271, 335.272, effective
                                                                   April 12, 2001, as amended; 335.152(a)(4),
                                                                   335.152(a)(20), 335.112(a)(4),
                                                                   335.112(a)(22), effective November 18, 2001,
                                                                   as amended and 305.69(j) effective April 12,
                                                                   2001, as amended.
5. Land Disposal Restrictions--      62 FR 25998 May 12, 1997...  Texas Water Code Annotated Section 5.103
 Phase IV: Treatment Standards for                                 (Vernon 2000), effective September 1, 1995,
 Wood Preserving Wastes, Paperwork                                 as amended; Texas Health & Safety Code
 Reduction and Streamlining,                                       Annotated Section 361.017 (Vernon 2001)
 Exemptions From RCRA for Certain                                  effective September 1, 1995, as amended;
 Processed Materials; and                                          Texas Health & Safety Code Annotated Section
 Miscellaneous Hazardous Waste                                     361.024 (Vernon 2001), effective September 1,
 Provisions. (Checklist 157).                                      1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended; 30
                                                                   Texas Administrative Code Sections 335.431,
                                                                   effective April 30, 2000, as amended; 30
                                                                   Texas Administrative Code Sections 335.1
                                                                   (definition of solid waste), effective May
                                                                   30, 2001, as amended; 335.17(a)(9)-(12), and
                                                                   335.24(c)(2), effective April 4, 1999 as
                                                                   amended. The State law is more stringent than
                                                                   the Federal rule because the State does not
                                                                   have provisions equivalent to 40 CFR 268.
                                                                   (a)(10) regarding tolling agreements. State
                                                                   law has no provision equivalent to 40 CFR
                                                                   268.44(a), under which EPA may assure a
                                                                   variance from an applicable treatment
                                                                   standard.

[[Page 34374]]

 
6. Hazardous Waste Management        62 FR 32452 June 13, 1997..  Texas Water Code Annotated Section 5.103
 System; Testing and Monitoring                                    (Vernon 2000), effective September 1, 1995,
 Activities. (Checklist 158).                                      as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.017 (Vernon 2001)
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), effective September 1,
                                                                   1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended; 30
                                                                   Texas Administrative Code Section 335.31,
                                                                   effective October 19, 1998; Sections
                                                                   335.152(a)(17)-(18), 335.152(a)(22)(E),
                                                                   335.112(a)(19)-(20), effective April 12,
                                                                   2001; 335.221(a)(15), 335.221(17)-(18),
                                                                   effective April 4, 1999 and 335.221(a),
                                                                   effective April 4, 1999.
7. Hazardous Waste Management        62 FR 32974 June 17, 1997..  Texas Water Code Annotated Section 5.103
 System; Carbamate Production,                                     (Vernon 2000), effective September 1, 1995,
 Identification and Listing of                                     as amended; Texas Health & Safety Code
 Hazardous Waste; Land Disposal                                    Annotated Section 361.003 (Vernon 2001),
 Restrictions. (Checklist 159).                                    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  62 FR 37694 July 14, 1997..  Texas Water Code Annotated Section 5.103
 III-Emergency Extension of the                                    (Vernon 2000), effective September 1, 1995,
 K088 National Capacity Variance.                                  as amended; Texas Health & Safety Code
 (Checklist 160).                                                  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.
9. Second Emergency Revision of the  62 FR 45568 August 28, 1997  Texas Water Code Annotated Section 5.103
 Land Disposal Restrictions (LDR)                                  (Vernon 2000), effective September 1, 1995,
 Treatment Standards for Listed                                    as amended; Texas Health & Safety Code
 Hazardous Wastes From Carbamate                                   Annotated Section 361.017 (Vernon 2001),
 Production. (Checklist 161).                                      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   62 FR 64636 December 8,      Texas Water Code Annotated Section 5.103
 for Tanks, Surface Impoundments,     1997.                        (Vernon 2000), effective September 1, 1995,
 and Containers; Clarification and                                 as amended; Texas Health & Safety Code
 Technical Amendments. (Checklist                                  Annotated Section 361.017 (Vernon 2001),
 163).                                                             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        63 FR 18504 April 15, 1998.  Texas Water Code Annotated Section 5.103
 Condensate Exclusion. (Checklist                                  (Vernon 2000), effective September 1, 1995,
 164).                                                             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.

[[Page 34375]]

 
12. Recycled Used Oil Management     63 FR 24963 May 6, 1998....  Texas Water Code Annotated Section 5.103
 Standards; Technical Correction                                   (Vernon 2000), effective September 1, 1995,
 and Clarification. (Checklist 166).                               as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.017 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), effective September 1,
                                                                   1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended;
                                                                   Texas Health & Safety Code Annotated Chapter
                                                                   371, effective September 1, 1991, as amended;
                                                                   30 Texas Administrative Code Section
                                                                   3355.78(j), effective October 19, 1998;
                                                                   Sections 335.24(c)(4)(A)-(C), effective April
                                                                   14, 1999; Sections 324.1, 324.3, 324.6,
                                                                   324.11-14, effective August 8, 1999.
13. Land Disposal Restrictions       63 FR 28556 May 26, 1998...  Texas Water Code Annotated Section 5.103
 Phase IV--Treatment Standards for                                 (Vernon 2000), effective September 1, 1995,
 Metal Wastes and Mineral                                          as amended; Texas Health & Safety Code
 Processing Wastes. (Checklist 167                                 Annotated Sec.   361.017 (Vernon 2001),
 A).                                                               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 hazardous waste),
                                                                   effective January 26, 1994, as amended;
                                                                   Section 335.1(A)(iv) (definition of solid
                                                                   waste) Section 335.431(c), effective November
                                                                   15, 2001.
14. Land Disposal Phase IV--         63 FR 28556 May 26, 1998...  Texas Water Code Annotated Section 5.103
 Hazardous Soils Treatment                                         (Vernon 2000), effective September 1, 1995,
 Standards and Exclusions.                                         as amended; Texas Health & Safety Code
 (Checklist 167 B).                                                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 hazardous waste),
                                                                   effective January 26, 1994, as amended.
15. Land Disposal Phase IV--         63 FR 28556 May 26, 1998...  Texas Water Code Annotated Section 5.103
 Corrections. (Checklist 167 C).                                   (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 5.103
 Material Exclusion. (Checklist                                    (Vernon 2000), effective September 1, 1995,
 167D).                                                            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 Waster Code Annotated Section 5.103
 Clarification. (Checklist 167E).                                  (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 as amended;
                                                                   335.1(definition of a hazardous waste,
                                                                   effective January 26, 1994, as amended;
                                                                   335.1(definition of solid waste), effective
                                                                   May 30, 2001.

[[Page 34376]]

 
18. Exclusion of Recycled Wood       63 FR 28556 May 26, 1998...  Texas Water Code Annotated Section 5.103
 Preserving Wastewater. (Checklist                                 (Vernon 2000), effective September 1, 1995,
 167F).                                                            as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.017 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), effective September 1,
                                                                   1989, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended; 30
                                                                   Texas Administrative Code Sections
                                                                   335.1(definition of solid waste)(A)(iv),
                                                                   effective May 30, 2001 as amended;
                                                                   335.1(definition of a hazardous waste,
                                                                   effective January 26, 1994, as amended.
19. Petroleum Refining Process.      63 FR 42110 August 6, 1998;  Texas Water Code Annotated Section 5.103
 (Checklist 169 & 169.1).             63 FR 54356 October 9,       (Vernon 2000), effective September 1, 1995,
                                      1998.                        as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.003; Texas Health &
                                                                   Safety Code Annotated Section 361.017 (Vernon
                                                                   2001), effective September 1, 1995, as
                                                                   amended; Texas Health & Safety Code Annotated
                                                                   Section 361.024 (Vernon 2001), effective
                                                                   September 1, 1995, as amended; Texas Health &
                                                                   Safety Code Annotated Section 361.078 (Vernon
                                                                   2001), effective September 1, 1989, as
                                                                   amended; 30 Texas Administrative Code
                                                                   Sections 335.1 (definition of hazardous
                                                                   waste) effective January 26, 1994, as
                                                                   amended, 335.1(129)(A)(iv) (definition of a
                                                                   solid waste), effective May 30, 2001, as
                                                                   amended; 335.431, effective April 30, 2000.
                                                                   as amended.
20. Land Disposal Restrictions       63 FR 46332 August 31, 1998  Texas Water Code Annotated Section 5.103
 Phase IV--Zinc Micronutrient                                      (Vernon 2000), effective September 1, 1995,
 Fertilizers, Administrative Stay.                                 as amended; Texas Health & Safety Code
 (Checklist 170).                                                  Annotated Section 361.017 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas 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.
21. Emergency Revision of Land       63 FR 47409 September 4,     Texas Water Code Annotated Section 5.103
 Disposal Restrictions (LDR)          1998.                        (Vernon 2000), effective September 1, 1995,
 Treatment Standards for Listed                                    as amended; Texas Health & Safety Code
 Hazardous Waste from Carbamate                                    Annotated Section 361.017 (Vernon 2001),
 Production. (Checklist 171).                                      effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), 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.
22. Land Disposal Restrictions       63 FR 48124 September 9,     Texas Water Code Annotated Section 5.103
 Phase IV--Extension of Compliance    1998.                        (Vernon 2000), effective September 1, 1995,
 Date for Characteristic Slags.                                    as amended; Texas Health & Safety Code
 (Checklist 172).                                                  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.
23. Land Disposal Restrictions--     63 FR 51254 September 24,    Texas Water Code Annotated Section 5.103
 Treatment Standards for Spent        1998.                        (Vernon 2000), effective September 1, 1995,
 Potliners from Primary Aluminum                                   as amended; Texas Health & Safety Code
 Reduction (K088). (Checklist 173).                                Annotated Section 361.017 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), effective September 1,
                                                                   1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended.; 30
                                                                   Texas Administrative Code Section 335.431(c),
                                                                   effective November 15, 2001.

[[Page 34377]]

 
24. Hazardous Remediation Waste      63 FR 65874 November 30,     Texas Water Code Annotated Section 5.103
 Management Requirements (HWIR-       1998.                        (Vernon 2000), effective September 1, 1995,
 Media). (Checklist 175).                                          as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.003 (Vernon 2001),
                                                                   effective September 1, 1991, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.017 (Vernon 2001), effective September 1,
                                                                   1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.024 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.078 (Vernon 2001), effective September 1,
                                                                   1989, as amended; 30 Texas Administrative
                                                                   Code Section 335.1 (definition of a hazardous
                                                                   waste), effective January 26, 1994, as
                                                                   amended; Sections 335.1 (definition of
                                                                   staging pile), and 335.111(a), effective
                                                                   November 15, 2001; 335.431, effective
                                                                   November 15, 2001; and 335.152(a)(14),
                                                                   effective November 18, 2001.
25. Universal Waste Rule--Technical  63 FR 71225 December 24,     Texas Water Code Annotated Section 5.103
 Amendments. (Checklist 176).         1998.                        (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.
26. Organic Air Emission Standards:  64 FR 3382 January 21, 1999  Texas Health & Safety Code Annotated Section
 Clarification and Technical                                       361.024 (Vernon 2001), effective September 1,
 Amendments. (Checklist 177).                                      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.
27. Petroleum Refining Process       64 FR 6806 February 11,      Texas Water Code Annotated Section 5.103
 Wastes--Leachate Exemption.          1999.                        (Vernon 2000), effective September 1, 1995,
 (Checklist 178).                                                  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.
28. Land Disposal Restrictions       64 FR 25408 May 11, 1999...  Texas Water Code Annotated Section 5.103
 Phase IV--Technical Corrections                                   (Vernon 2000), effective September 1, 1995,
 and Clarifications to Treatment                                   as amended; Texas Health & Safety Code
 Standards. (Checklist 179).                                       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 a
                                                                   hazardous waste), effective January 26, 1994,
                                                                   (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.
29. Guideline for Establishing Test  64 FR 26315 June 14, 1999..  Texas Water Code Annotated Section 5.103
 Procedures for the Analysis of Oil                                (Vernon 2000), effective September 1, 1995,
 and Grease and Non-Polar Material                                 as amended; Texas Health & Safety Code
 Under the Clean Water Act and                                     Annotated Section 361.017 (Vernon 2001),
 Resource Conservation and Recovery                                effective September 1, 1995, as amended;
 Act. (Checklist 180).                                             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.

[[Page 34378]]

 
30. Universal Waste Rule: Specific   64 FR 36466 July 6, 1999...  Texas Water Code Annotated Section 5.103
 Provisions for Hazardous Waste                                    (Vernon 2000), effective September 1, 1995,
 Lamps. (Checklist 181).                                           as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.017 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), effective September 1,
                                                                   1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended; 30
                                                                   Texas Administrative Code Section 335.1
                                                                   (definition of universal waste), effective
                                                                   May 30, 2001; Section 335.2(1), effective
                                                                   April 30, 2000; Section 335.41(j), effective
                                                                   April 12, 2001; Section 335.151(b), effective
                                                                   February 22, 1994; Sections 335.261(a)-(b),
                                                                   effective April 30, 2000; and Section
                                                                   335.431(b)(3), effective November 15, 2001.
31. NESHAPS: Final Standards for     64 FR 52827 September 30,    Texas Water Code Annotated Section 5.103
 Hazardous Air Pollutants for         1999; 64 FR 63209 November   (Vernon 2000), effective September 1, 1995,
 Hazardous Waste Combustors,          19, 1999.                    as amended; Texas Health & Safety Code
 Miscellaneous Units, and Secondary                                Annotated Section 361.017 (Vernon 2001),
 Lead Smelters; Clarification of                                   effective September 1, 1995, as amended;
 BIF Requirements Technical                                        Texas Health & Safety Code Annotated Section
 Correction to Fast-track Rule                                     361.024 (Vernon 2001), effective September 1,
 (MACT Rule). (Checklists 182 &                                    1995, as amended; Texas Health & Safety Code
 182.1).                                                           Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended; 30
                                                                   Texas Administrative Code Sections
                                                                   335.1(129)(A)(iv) (definition of solid
                                                                   waste), effective November 15, 2001,
                                                                   335.152(a)(13), 335.112(a)(14), effective
                                                                   November 18, 2001; November 19, Section
                                                                   305.50(4)(A), effective March 21, 2001;
                                                                   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.
32. Land Disposal Restrictions       64 FR 56469 October 20,      Texas Water Code Annotated Section 5.103
 Phase IV--Technical Corrections.     1999.                        (Vernon 2000), effective September 1, 1995,
 (Checklist 183).                                                  as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.017 (Vernon 2001),
                                                                   effective September 1, 1995, as amended;
                                                                   Texas Health & Safety Code Annotated Section
                                                                   361.024 (Vernon 2001), effective September 1,
                                                                   1995, as amended; Texas Health & Safety Code
                                                                   Annotated Section 361.078 (Vernon 2001),
                                                                   effective September 1, 1989, as amended; 30
                                                                   Texas Administrative Code Section 335.1
                                                                   (definition of a hazardous waste), effective
                                                                   January 26, 1994, as amended; Section
                                                                   335.431(c) effective November 15, 2001.
33. Waste Water Treatment Sludges    65 FR 12378 March 8, 2000..  Texas Water Code Annotated Section 5.103
 from Metal Finishing Industry; 180-                               (Vernon 2000), effective September 1, 1995,
 day Accumulation time. (Checklist                                 as amended; Texas Health & Safety Code
 184).                                                             Annotated Section 3610.017 (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.
34. Organobromine Production Waste.  65 FR 14472 March 17, 2000.  Texas Water Code Annotated Section 5.103
 (Checklist 185).                                                  (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.
35. Hazardous Waste Combustors       63 FR 33782 June 19, 1998..  Texas Water Code Annotated Section 5.103
 Revised Standards. (Checklist 168).                               (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.
----------------------------------------------------------------------------------------------------------------


[[Page 34379]]

G. What Is the Relationship Between the Resource Conservation and 
Recovery Act and the Hazardous Waste Combustor MACT? How Does This 
Affect Delegation of This Standard to TCEQ's Authorization?

    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 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 section 3005(c)(3) 
of RCRA, which requires that each RCRA permit 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 EPA considers the following State requirements to be more 
stringent than 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. The State law has 
no provision equivalent to 40 CFR 268.44(a), under which EPA may 
approve a variance from an applicable 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 permits for all the provisions for 
which it is authorized and will administer the permits it issues. The 
EPA will continue to administer any RCRA hazardous waste permits or 
portions of permits which we issued prior to the effective date of this 
authorization. Upon authorization of the State program, EPA will 
suspend issuance of Federal permits for hazardous waste treatment, 
storage, and disposal facilities for which the State is receiving 
authorization. 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. 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.

K. 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.

M. Administrative Requirements

    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 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

[[Page 34380]]

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 waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

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

    Dated: May 25, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05-11663 Filed 6-13-05; 8:45 am]
BILLING CODE 6560-50-P