Texas: Final Authorization of State Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4856-2]

Texas: Final Authorization of State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Texas has applied for final authorization of a

revision to its hazardous waste program under the Resource Conservation

and Recovery Act (RCRA), and the Environmental Protection Agency (EPA)

has reviewed Texas' application and decided that its hazardous waste

program revision satisfies all of the requirements necessary to qualify

for final authorization. Unless adverse written comments are received

during the review and comment period provided for public participation

in this process, EPA intends to approve Texas' hazardous waste program

revision, subject to the authority retained by EPA in accordance with

the Hazardous and Solid Waste Amendments of 1984. Texas' application

for the program revision is available for public review and comment.

DATES: This final authorization for Texas shall be effective June 27,

1994, unless EPA publishes a prior Federal Register (FR) action

withdrawing this immediate final rule. All comments on Texas' program

revision application must be received by the close of business May 27,

1994.

ADDRESSES: Copies of the Texas program revision application and the

materials which EPA used in evaluating the revision are available from

8:30 a.m. to 4 p.m., Monday through Friday at the following addresses

for inspection and copying: Texas Natural Resource Conservation

Commission, 1700 N. Congress Avenue, Austin, TX 78711-3087, and U.S.

EPA, Region 6 Library, 12th Floor, First Interstate Bank Tower at

Fountain Place, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 655-

6444. Written comments, referring to Docket Number TX-94-4, should be

sent to Dick Thomas, Region 6 Authorization Coordinator, Grants and

Authorization Section (6H-HS), RCRA Programs Branch, U.S. EPA Region 6,

First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue,

Dallas, Texas 75202, (214) 655-8528.

FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 Authorization

Coordinator, Grants and Authorization Section (6H-HS), RCRA Programs

Branch, U.S. EPA Region 6, First Interstate Bank Tower at Fountain

Place, 1445 Ross Avenue, Dallas, Texas 75202, (214) 655-8528.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under section 3006(b) of the

Resource Conservation and Recovery Act (RCRA or ``the Act''), 42 U.S.C.

6926(b), have a continuing obligation to maintain a hazardous waste

program that is equivalent to, consistent with, and no less stringent

than the Federal hazardous waste program. In addition, as an interim

measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-

616, November 8, 1984, hereinafter ``HSWA'') allows States to revise

their programs to become substantially equivalent instead of equivalent

to RCRA requirements promulgated under HSWA authority. States

exercising the latter option receive interim authorization for the HSWA

requirements under section 3006(g) of RCRA, 42 U.S.C. 6926(g), and

later apply for final authorization for the HSWA requirements.

Revisions to State hazardous waste programs are necessary when Federal

or State statutory or regulatory authority is modified or when certain

other changes occur. Most commonly, State program revisions are

necessitated by changes to EPA's regulations in 40 CFR 260-266, 268,

124, and 270.

B. Texas

Texas received final authorization to implement its hazardous waste

management program on December 12, 1984, effective December 26, 1984

(see 49 FR 48300). This authorization was clarified in a notice

published in the FR on March 26, 1985 (see 50 FR 11858). Texas received

final authorization for revisions to its program in notices published

in the FR on January 31, 1986, effective October 4, 1985 (see 51 FR

3952), on December 18, 1986, effective February 17, 1987 (see 51 FR

45320), on March 1, 1990, effective March 15, 1990 (see 55 FR 7318), on

May 24, 1990, effective July 23, 1990 (see 55 FR 21383), on August 22,

1991, effective October 21, 1991 (see 56 FR 41626), and on October 5,

1992, effective December 4, 1992 (see 57 FR 45719). On December 8,

1992, the Texas Water Commission (TWC) submitted a final complete

program revision application for additional program approvals. (In

1991, Texas Senate Bill 2 created the Texas Natural Resources

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. Under Chapter 361 of the Texas Health

and Safety Code, the TNRCC has sole responsibility for the

administration of laws and regulations concerning hazardous waste).

Today, Texas is seeking approval of its program revision in accordance

with 40 CFR 271.21(b)(3).

EPA reviewed Texas' application, and made an immediate final

decision that Texas' hazardous waste program revision satisfies all of

the requirements necessary to qualify for final authorization.

Consequently, EPA intends to grant final authorization for the

additional program modifications to Texas. The public may submit

written comments on EPA's final decision until May 27, 1994. Copies of

Texas' application for program revision are available for inspection

and copying at the locations indicated in the ADDRESSES section of this

notice.

Approval of Texas' program revision shall become effective 75 days

from the date this notice is published, unless an adverse written

comment pertaining to the State's revision discussed in this notice is

received by the end of the comment period. If an adverse written

comment is received, EPA will publish either (1) a withdrawal of the

immediate final decision or (2) a notice containing a response to the

comment that either affirms that the immediate final decision takes

effect or reverses the decision.

Texas' program revision application includes State regulatory

changes that are equivalent to the rules promulgated in the Federal

RCRA implementing regulations in 40 CFR Parts 124, 260-262, 264, 265,

and 270 that were published in the FR through June 30, 1991. This

proposed approval includes the provisions that are listed in the chart

below. This chart also lists the State analogs that are being

recognized as equivalent to the appropriate Federal requirements. (As a

result of the Texas reorganization presented above, TNRCC rules, once

codified at Title 31 Texas Administrative Code, are now codified at

Title 30 Texas Administrative Code).

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Federal citation State analog

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1. Petroleum Refinery Texas Solid Waste Disposal Act (TSWDA),

Primary and Secondary Oil/ Chapter 361, Sec. 361.003(15), Sec.

Water/Solids Separation 361.017 and Sec. 361.024; Texas Health

Sludge Listings (F037 and and Safety Code (THSC) Ann. (Vernon

F038), November 2, 1990 [55 Pamphlet 1992), effective September 1,

FR 46354], as amended on 1991, as amended; Title 31 Texas

December 17, 1990 [55 FR Administrative Code (TAC) Chapter 335,

51707]. (Checklists 81 and Sec. 335.1 and Sec. 335.29, both

81.1). effective March 31, 1992, as amended.

2. Wood Preserving Listings, TSWDA, Chapter 361, Sec. 361.003(15), Sec.

December 6, 1990 [55 FR 361.017 and Sec. 361.024; THSC Ann.,

50450]. (Checklist 82). (Vernon Pamphlet 1992), effective

September 1, 1991, as amended; Title 30

TAC, Chapter 305, Sec. 305.50(4)(a),

effective November 23, 1993; Title 31 TAC

Chapter 335, Sec. 335.1 and Sec. 335.29,

both effective March 31, 1992, as

amended; Title 31 TAC Chapter 335, Sec.

335.1 and Sec. 335.29, both effective

September 30, 1992, as amended; and Title

31 TAC Chapter 335, Sec. 335.1, Sec.

335.69(a)(1)(iii), Sec. 335.112(a)(9),

Sec. 335.112(a)(20), Sec. 335.152(a)(8),

and Sec. 335.152(a)(14), all effective

November 23, 1993.

3. Land Disposal TSWDA, Chapter 361, Sec. 361.003(15), Sec.

Restrictions for Third 361.017 and Sec. 361.024; THSC Ann.,

Third Scheduled Wastes; (Vernon Pamphlet 1992), effective

Technical Amendments, September 1, 1991, as amended; Title 31

January 31, 1991 [56 FR TAC, Chapter 335, Sec. 335.1 and Sec.

3864]. (Checklist 83). 335.29, both effective March 31, 1992, as

amended; Title 31 TAC Chapter 335, Sec.

335.1, effective January 31, 1992 as

amended; Title 31 TAC Chapter 335, Sec.

335.29, effective August 31, 1992, as

amended; Title 31 TAC Chapter 335, Sec.

335.504(2) and Sec. 335.69(f)(4), both

effective November 23, 1993; Title 31 TAC

Chapter 335, Sec. 335.152(a)(9)-(a)(12),

Sec. 335.111(c), Sec. 335.112(a)(1), and

Sec. 335.112 (a)(10)-(a)(13), all

effective March 31, 1992, as amended;

Title 31 TAC Chapter 335, Sec. 335.431,

and Sec. 335.431(c), both effective

November 23, 1993.

4. Burning of Hazardous TSWDA Chapter 361, Sec. 361.003(15), Sec.

Waste in Boilers and 361.017, and Sec. 361.024; THSC Ann.

Industrial Furnaces, (Vernon Pamphlet 1992), effective

February 21, 1991 [56 FR September 1, 1991, as amended; Title 31

7134]. (Checklist 85). TAC, Chapter 335, Sec. 335.1 and Sec.

335.29, both effective March 31, 1992, as

amended; Title 31 TAC, Chapter 335, Sec.

335.221(a)(23), effective July 14 1992,

as amended; Title 31 TAC, Chapter 335,

Sec. 335.1, effective August 22, 1991, as

amended; Title 31 TAC, Chapter 305, Sec.

305.50(4), Sec. 305.50(13), Sec.

305.69(h), Sec. 305.571, Sec. 305.572,

Sec. 305.573, Sec. 305.51(a)(5), Sec.

305.51(c)(7), and Sec. 335.2(c), all

effective July 29, 1992, as amended;

Title 31 TAC Sec. 335.1, effective

January 31, 1992, as amended; Title 31

TAC Sec. 335.2(j), effective November 23,

1993; Title 31 TAC Sec. 335.6 and Sec.

335.6 (i)(1)-(i)(3), Sec. 335.24(c), Sec.

335.152(a)(5), Sec. 335.152(a)(13), Sec.

335.112(a)(6), Sec. 335.112(a)(14), Sec.

335.221 (a)(1)-(a)(23), Sec. 335.221(b),

Sec. 335.222 (a)-(c), Sec. 335.223 (a)(1)-

(a)(8), Sec. 335.223(b), Sec. 335.224 (1)-

(2), Sec. 335.224 (3)(A)-(3)(E), Sec.

335.224(4), Sec. 335.224 (5)(A)-(5)(J),

Sec. 335.224 (6)-(8), Sec. 335.224 (11)-

(14), and Sec. 335.225(a), all effective

July 29, 1992, as amended.

5. Removal of Strontium TSWDA, Chapter 361, Sec. 361.003(15), Sec.

Sulfide from the List of 361.017 and Sec. 361.024; THSC Ann.,

Hazardous Wastes; Technical (Vernon Pamphlet 1992), effective

Amendment, February 25, September 1, 1991, as amended; Title 31

1991 [55 FR 7567]. TAC, Chapter 335, Sec. 335.1 and Sec.

(Checklist 86). 335.29, both effective March 31, 1992, as

amended.

6. Organic Air Emission TSWDA, Chapter 361, Sec. 361.003(15); THSC

Standards for process Vents Ann., (Vernon Pamphlet 1992), effective

and Equipment Leaks; September 1, 1991, as amended; Title 31

Technical Amendment, April TAC, Chapter 335, Sec. 335.152(a)(1),

26, 1991 [56 FR 19290]. Sec. 335.152(a)(4), Sec. 335.152(a)(16),

(Checklist 87). and Sec. 335.152(a)(17), all effective

August 31, 1992, as amended; Title 31 TAC

Chapter 335, Sec. 335.112(a)(1), Sec.

335.112(a)(4), Sec. 335.112(a)(19), and

Sec. 335.112(a)(20), all effective August

31,1992, as amended; Title 31 TAC Chapter

305, Sec. 305.50(4)(A), effective March

31, 1992, as amended.

7. Mining Waste Exclusion TSWDA, Chapter 361, Sec. 361.003(15), Sec.

III June 13, 1991 [56 FR 361.017, and Sec. 361.024; THSC Ann.,

27300]. (Checklist 90). (Vernon Pamphlet 1992), effective

September 1, 1991, as amended; Title 31

TAC, Chapter 335, Sec. 335.1 and Sec.

335.29, both effective March 31, 1992, as

amended.

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Texas is not authorized to operate the Federal program on Indian

lands. This authority remains with EPA.

C. Decision

I conclude that Texas' application for a program revision meets the

statutory and regulatory requirements established by RCRA. Accordingly,

Texas is granted final authorization to operate its hazardous waste

program as revised.

Texas now has responsibility for permitting treatment, storage, and

disposal facilities within its borders and for carrying out the aspects

of the RCRA program described in its revised program application,

subject to the limitations of the HSWA. Texas also has primary

enforcement responsibilities, although EPA retains the right to conduct

inspections under Section 3007 of RCRA, and to take enforcement actions

under Sections 3008, 3013 and 7003 of RCRA.

D. Codification in Part 272

EPA uses 40 CFR 272 for codification of the decision to authorize

Texas' program and for incorporation by reference of those provisions

of Texas' statutes and regulations that EPA will enforce under Section

3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving amendment of

40 CFR 272, Subpart E, until a later date.

Compliance With Executive Order 12866

The Office of Management and Budget has exempted this rule from the

requirements of Section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify

that this authorization will not have a significant economic impact on

a substantial number of small entities. This authorization effectively

suspends the applicability of certain Federal regulations in favor of

Texas' program, thereby eliminating duplicative requirements for

handlers of hazardous waste in the State. This authorization does not

impose any new burdens on small entities. This rule, therefore, does

not require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure,

Confidential business information, Hazardous materials transportation,

Hazardous waste, Indian lands, Intergovernmental relations, Penalties,

Reporting and recordkeeping requirements, Water pollution control,

Water supply.

Authority: This rule is issued under the authority of Sections

2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended

42 U.S.C. 6912(A), 6926, 6974(b).

Dated: March 21, 1994.

Joe D. Winkle,

Acting Regional Administrator.

[FR Doc. 94-8735 Filed 4-11-94; 8:45 am]

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