[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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