[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Rules and Regulations]
[Pages 22469-22476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2008-0755; FRL-8901-1]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Texas has applied to the EPA for final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Texas' changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will become effective on July 13, 2009
unless the EPA receives adverse written comment by June 12, 2009. If
the EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or e-mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to the EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. You can view and
copy Texas' 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
S. Circle, Austin TX 78753-3087, (512) 239-6079 and EPA, Region 6, 1445
Ross Avenue, Dallas, Texas 75202-2733, phone number (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, (214) 665-8533, EPA Region
1445 Ross Avenue, Dallas, Texas 75202-2733, and E-mail address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
B. What Decisions Have We Made in This Rule?
We conclude that the State of Texas'application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant the State of
Texas Final Authorization to operate its hazardous waste program with
the changes described in the authorization application. The State of
Texas has 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 regulations that the
EPA promulgates
[[Page 22470]]
under the authority of HSWA take effect in authorized States before
they are authorized for the requirements. Thus, the EPA will implement
those requirements and prohibitions in Texas including issuing permits,
until the State is granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in the State of
Texas subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. The State of Texas has enforcement responsibilities
under its State hazardous waste program for violations of such program,
but the EPA retains its authority under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits
and
Take enforcement actions after notice to and consultation
with the State.
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. Why Wasn't There a Proposed Rule Before Today's Rule?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What Happens if the EPA Receives Comments That Oppose This Action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For What Has Texas Previously Been Authorized?
Texas received final authorization to implement its Hazardous Waste
Management Program on December 12, 1984, effective December 26, 1984
(49 FR 48300). This authorization was clarified in a notice published
in the FR 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); on December 18, 1986, effective February 17, 1987 (51 FR 45320).
EPA authorized the further revisions on: March 1, 1990, effective March
15, 1990 (55 FR 7318); on May 24, 1990, effective July 23, 1990 (55 FR
21383); on August 22, 1991, effective October 21, 1991 (56 FR 41626);
on October 5, 1992, effective December 4, 1992 (57 FR 45719); on April
11, 1994, effective June 27, 1994, (59 FR 16987); on April 12, 1994,
effective June 27, 1994 (59 FR 17273); September 12, 1997, effective
November 26, 1997 (62 FR 47947); and on August 18, 1999 effective
October 18, 1999 (64 FR 44836) and July 13, 2000; effective September
11, 2000 (65 FR 43246) and effective June 14, 2005 (70 FR 34371) June
14, 2005. EPA incorporated by reference the State of Texas Base Program
and additional program revisions in RCRA Clusters III and IV into the
CFR on September 14, 1999 (64 FR 49673); effective November 15, 1999.
On July 20, 2007, Texas submitted a final complete program revision
application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. In 1991, Texas Senate Bill 2 created the
Texas Natural Resource Conservation Commission (TNRCC) which combined
the functions of the former Texas Water Commission and the former Texas
Air Control Board. The transfer of functions to the TNRCC from the two
agencies became effective on September 1, 1993. House Bill 2912,
Article 18 of the 77th Texas Legislature, 2001, changed the name of the
TNRCC to the Texas Commission on Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable for phasing in the change of
the agency's name. The TNRCC decided to make the change of the agency's
name to the TCEQ effective September 1, 2002. The change of name became
effective September 1, 2002, and the legislative history of the name
change is documented at (See, Act of June 15, 2001, 77th Leg. R. S., Ch
965, Section 18.01, 2001 Tex. Gen. Laws 1985). The TCEQ may perform any
act authorized by law either as the TNRCC or as the TCEQ. Id.
Therefore, references to the TCEQ are references to TNRCC and to its
successor, the TCEQ.
The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste, under the Texas Solid Waste
Disposal Act (codified in Chapter 361 Sections 361.017 and 361.024 of
the Texas Health & Safety Code). The TCEQ is authorized to administer
the RCRA program. However, the Railroad Commission (RRC) has
jurisdiction over the discharge, storage, handling, transportation,
reclamation, or disposal of waste materials (both hazardous and non
hazardous) that result from the activities associated with the
exploration, development, or production of oil or gas or geothermal
resources and other activities regulated by the RRC. See, Tex. Water
Code Ann. Section 26.131 and Ch. 27 (Vernon 2000). A list of activities
that generate wastes that are subject to the jurisdiction of the RRC is
found at 16 Tex. Admin. Code Section 3.8(a)(30) and at 30 Tex. Admin.
Code Section 335.1. Such wastes are termed ``oil and gas wastes.'' The
TCEQ has responsibility to administer the RCRA program, however,
hazardous waste generated at natural gas or natural gas liquids
processing plants or reservoir pressure maintenance or repressurizing
plants are subject to the jurisdiction of the TCEQ until the RRC is
authorized by EPA to administer those wastes under RCRA. When the RRC
is authorized by EPA to administer the RCRA program for these wastes,
jurisdiction over such hazardous waste will transfer from the TCEQ to
the RRC. The EPA has designated the TCEQ as the lead agency to
coordinate RCRA activities between the two agencies. The EPA is
responsible for the regulation of any hazardous waste for which TCEQ
has not been previously authorized.
Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998.
The TCEQ has the rules necessary to implement EPA's RCRA Clusters
XI, XII, XIII and XV excluding Uniformed
[[Page 22471]]
Hazardous Waste Manifest Rule (Checklist 207) revisions to the Federal
Hazardous Waste Program promulgated from July 1, 2000 to June 30, 2005.
The adoption for RCRA Clusters XI, XII, XIII, and XV include changes to
30 Texas Administrative Code Chapters 305 and 335. The Commissioners
adopted these rules on July 25, 2007 and the rules became effective on
August 16, 2007. The TCEQ authority to incorporate Federal rules by
reference can be found at Texas Government Code Annotated Section
311.027 (Vernon1998) and adoption of the hazardous waste rules in
general are pursuant to the following statutory provisions: (1) Tex.
Water Code Ann. Sections 5.103 and 5.105 (Vernon 2000), effective
September 1995, as amended (TCEQ's authority to adopt any rules
necessary to carry out its powers and duties); (2) Tex. Health & Safety
Code Ann. Section 361.024 (Vernon 2001), effective September 1, 1995,
as amended (authorize the Commission to adopt rules necessary to
``establish minimum standards of operation for the management and
control of solid waste''); and (3) Tex. Health & Safety Code Ann.
Section 361.078 (Vernon 2001), effective September 1, 1989
(specifically recognizing TCEQ's authority to adopt hazardous waste
rules and to issue and enforce permits to the extent necessary to
receive and maintain RCRA authorization). The following are the
optional Federal rules that the State of Texas did not adopt: NESHAPS
Second Technical Correction, Vacatur Checklist 188.1), Storage,
Treatment, Transportation and Disposal of Mixed Waste, (Checklist 191),
Inorganic Chemical Manufacturing Waste Identification and listing
(Checklist 195.1), Hazardous Air Pollutant Standards for Combustors:
Interim Standards (Checklist 197), Land Disposal Restrictions: National
Treatment Variance to Designate New Treatment Subcategories for
Radioactively Contaminated Cadmium, Mercury-Containing Batteries and
Silver-Containing Batteries (Checklist 201), Hazardous Waste Management
System; Identification and Listing of Hazardous Waste; Recycled Used
Oil Management Standards (Checklist 203), National Environmental Track
Program (Checklists 204 and 204.1), and NESHAP Surface Coating of
Automobiles and Light-Duty Trucks. Also, the State of Texas is not
authorized for Zinc Fertilizer (Checklist 200) because the State failed
to adopt changes to 40 CFR 266.20, 266.20(d), 266.20(d)(1)-(2) and
268.40.
G. What Changes Are We Approving With Today's Action?
On July 20, 2007, the State of Texas submitted a final complete
program application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
the State of Texas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The
State of Texas revisions consist of regulations which specifically
govern Federal Hazardous Waste revisions promulgated from July 1, 2000
to June 30, 2005, (RCRA Clusters XI, XII, XIII, and XV). Texas
requirements are included in a chart with this document.
------------------------------------------------------------------------
Federal Register
Description of federal requirement date and page
(include checklist number, if (and/or RCRA Analogous state
relevant) statutory authority
authority)
------------------------------------------------------------------------
1. Hazardous Air Pollutant 65 FR 42292-- Texas Water Code
Standards; Technical Corrections. 42302, July 10, Annotated
(Checklist 188). 2000. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.1(133)(A)(i
v),
335.152(a)(13),
305.69(i)(1),
as adopted July
25, 2007 and
effective
August 16,
2007.
[[Page 22472]]
2. Chlorinated Aliphatics Listing 65 FR 67068- Texas Water Code
and LDRs for Newly Identified 67133, November Annotated
Wastes. (Checklist 189). 8, 2000. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.504,
335.29(2),
335.29(3), and
335.431(c), as
adopted July
25, 2007,
effective
August 16,
2007.
3. Land Disposal Restrictions Phase 65 FR 81373- Texas Water Code
IV--Deferral for PCBs in Soil. 81381, December Annotated
(Checklist 190). 26, 2000. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Section
335.431(c), as
adopted July
25, 2007,
effective
August 16,
2007.
4. Mixture and Derived-From Rule 66 FR 27266- Texas Water Code
Revisions (Checklist 192A). 27297, May 16, Annotated
2001. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Section
335.1(62) and
(64) as adopted
July 25, 2007,
effective
August 16,
2007.
[[Page 22473]]
5. Land Disposal Restrictions 66 FR 27266- Texas Water Code
Corrections. (Checklist 192 B). 27297, May 16, Annotated
2001. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.431(c),
335.1 (64), as
adopted July
25, 2007,
effective
August 16,
2007.
6. Change of Official EPA Mailing 66 FR 34374- Texas Water Code
Address. (Checklist 193). 34376, June 28, Annotated
2001. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Section
335.31, as
adopted July
25, 2007,
effective
August 16,
2007.
7. Mixed and Derived-From Rules 66 FR 50332- Texas Water Code
Revision II. (Checklist 194). 50334, October, Annotated
3, 2001. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.1(62) and
335.1(64), as
adopted July
25, 2007,
effective
August 16,
2007.
[[Page 22474]]
8. Inorganic Chemical Manufacturing 66 FR 58258, Texas Water Code
Waste Identification and Listing. November 20, Annotated
(Checklist 195). 2001; 67 FR Sections 5.103
17119-17120, and 5.105
April 9, 2002. (Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.1(133)(A)(i
v), 335.504(2),
335.29(2), and
335.431(c)(1),
and as adopted
July 25, 2007,
effective
August 16,
2007.
9. Corrective Action Management 67 FR 2962-3029, Texas Water Code
Units Amendments. (Checklist 196). January 22, 2002. Annotated
Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.1(33),
335.1(123),
335.152(a)(14)
and
335.431(c)(1),
as adopted July
25, 2007,
effective
August 16,
2007.
10. Hazardous Air Pollutant 67 FR 6968-6996, Texas Water Code
Standards for Combustors: February 14, Annotated
Corrections. (Checklist 198). 2002. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.221(a)(1),
and
305.69(i)(1),
as adopted July
25, 2007,
effective
August 16,
2007.
[[Page 22475]]
11. Vacatur of Mineral Processing 67 FR 11251- Texas Water Code
Spent Materials Being Reclaimed as 11254, March 13, Annotated
Solid Waste and TCLP Use with MGP 2002. Sections 5.103
Waste. (Checklist 199). and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.1(133)(D)(i
ii),
335.1(133)(A)(i
v), and
335.504(3), as
adopted July
25, 2007,
effective
August 16,
2007.
12. Hazardous Air Pollutant 67 FR 77687- Texas Water Code
Standards for Combustors-- 77692, December Annotated
Corrections 2. (Checklist 202). 19, 2002. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
305.175 and
305.571(b), as
adopted July
25, 2007,
effective
August 16,
2007.
13. Nonwastewaters from Dyes and 70 FR 9138-9180, Texas Water Code
Pigments. (Checklist 206). February 24, Annotated
2005. Sections 5.103
and 5.105
(Vernon 2000),
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.017
(Vernon 2001)
effective
September 1,
1995, as
amended; Texas
Health & Safety
Code Annotated
Section 361.024
(Vernon 2001),
effective
September 1,
1989, as
amended; Texas
Health & Safety
Code Annotated
Section 361.078
(Vernon 2001),
effective
September 1,
1989, as
amended; 30
Texas
Administrative
Code Sections
335.1(133)(A)(i
v), 335.504(1)-
(2), and
335.431(c)(1)
July 25, 2007,
effective
August 16,
2007.
------------------------------------------------------------------------
H. Where Are the Revised State Rules Different From the Federal Rules?
The State hazardous waste program is equivalent to the Federal
program and there is no broader in scope provisions in this program
revision.
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. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this
[[Page 22476]]
authorization. The EPA will continue to implement and issue permits for
HSWA requirements for which Texas is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Texas?
The State of Texas Hazardous Program is not being authorized to
operate in Indian Country.
K. What Is Codification and Is the 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 CFR. 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. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
I. Administrative Requirements
The Office of Management and Budget (OMB) 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 section
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 preexisting requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA section 3006(b), the 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 the EPA,
when it reviews a State authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The 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 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.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective July 13, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians--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: April 22, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-11196 Filed 5-12-09; 8:45 am]
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