Hazardous waste program authorizations: Texas,

[Federal Register: May 5, 2003 (Volume 68, Number 86)]

[Rules and Regulations]

[Page 23607-23613]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05my03-19]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7491-1]

Texas: Final Authorization of State Hazardous Waste Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule; technical corrections.

SUMMARY: The State of Texas has applied for Final authorization to revise its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The EPA reviewed Texas' application and decided that its hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. As such, EPA published an immediate final rule on April 15, 2003 for a 30-day public review and comment period. The comment period will run until close of business May 15, 2003. Today's publication is a technical correction to the State Analog chart, listing the State regulations that are equivalent to the Federal rules.

DATES: This technical correction is in regard to the preamble of an immediate final rule which will become effective June 16, 2003.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional Authorization Coordinator, Grants and Authorization Section (6PD-G), Multimedia Planning and Permitting Division, EPA Region 1445 Ross Avenue, Dallas Texas 75202-2733, (214) 665-6444.

SUPPLEMENTARY INFORMATION:

1. Technical Corrections

There were printing errors which inadvertently deleted some of the State's regulatory citations from the State of Texas Commission on Environmental Quality (TCEQ) Federal Register notice published on April 15, 2003, 68 FR 18126-18133, that notice listed the State's regulations that are equivalent to the rules promulgated to the Federal RCRA implementing regulations in 40 CFR parts 124, 260-268, 270, 273 and 279. Some of the State regulations in that chart were deleted and the following chart lists the correct citations of the State analogs that are being recognized as equivalent to the appropriate Federal requirements.

Federal citation

State analog

1. Criteria for Classification of Solid Texas Water Code Annotated Waste Disposal Facilities and

Section 5.103 (Vernon 2000), Practices; Identification and Listing effective September 1, 1995, of Hazardous Waste; Requirements for as amended; Texas Health & Authorization of State Hazardous Waste Safety Code Annotated Section Programs; [61 FR 34252] July 01, 1996. 361.017 (Vernon 2001) (Checklist 153).

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 335.78(f)(3)(A)-(G) and (g)(3)(A)-(G), effective October 19, 1998. 2. Hazardous Waste Treatment; Storage Texas Water Code Annotated and Disposal Facilities and Hazardous Section 5.103 (Vernon 2000), Waste Generators; Organic Air Emission effective September 1, 1995, Standards for Tanks, Surface

as amended; Texas Health & Impoundments and Containers; [61 FR Safety Code Annotated Section 59931] November 25, 1996; [59 FR

361.017 (Vernon 2001) 62896] December 6, 1994; [60 FR 26828] effective September 1, 1995, May 19, 1995; [60 FR 50426] September as amended; Texas Health and 29, 1995; [60 FR 56952] November 13, Safety Code Annotated Section 1995; [61 FR 4903]; [61 FR 28508] June 361.024 (Vernon 2001), 5, 1996]. (Checklists 154, 154.1,

effective September 1, 1995, 154.2, 154.3, 154.4, 154.5, and 154.6). 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; 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 and 305.50(4)(A), effective November 18, 2001, as amended.

[[Page 23608]]

3. Land Disposal Restrictions Phase Texas Water Code Annotated III--Emergency Extension of the K088 Section 5.103 (Vernon 2000), Capacity Variance, [62 FR 1922]

effective September 1, 1995, January 14, 1997. (Checklist 155). as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.341(c), effective April 30, 2000. 4. Military Munitions Rule; Hazardous Texas Water Code Annotated Waste Identification and Management Section 5.103 (Vernon 2000), Explosives Emergencies; Manifest

effective September 1, 1995, Exemptions for Transport of Hazardous as amended; Texas Health & Waste on Right-of-Ways on Contiguous Safety Code Annotated Section Properties, [62 FR 6622] February 12, 361.017 (Vernon 2001) 1997. (Checklist 156).

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 361.061 (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--Phase Texas Water Code Annotated IV: Treatment Standards for Wood

Section 5.103 (Vernon 2000), Preserving Wastes, Paperwork Reduction effective September 1, 1995, and Streamlining, Exemptions From RCRA as amended; Texas Health & for Certain Processed Materials; and Safety Code Annotated Section Miscellaneous Hazardous Waste

361.017 (Vernon 2001) Provisions, [62 FR 25998] May 12,

effective September 1, 1995, 1997. (Checklist 157).

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), 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 provisions equivalent to 40 CFR 268.44(a), under which EPA may assure a variance from an applicable treatment standard. 6. Hazardous Waste Management System; Texas Water Code Annotated Testing and Monitoring Activities, [62 Section 5.103 (Vernon 2000), FR 32452] June 13, 1997. (Checklist effective September 1, 1995, 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 System; Texas Water Code Annotated Carbamate Production, Identification Section 5.103 (Vernon 2000), and Listing of Hazardous Waste; Land effective September 1, 1995, Disposal Restrictions, [62 FR 32974] as amended; Texas Health & June 17, 1997. (Checklist 159).

Safety Code Annotated Section 361.003 (Vernon 2001) effective September 1, 1991, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, 30 Texas Administrative Code Section 335.1 (Definition of Hazardous waste) effective January 26, 1994, as amended; Section 335.431(a)(1), effective April 20, 2000. 8. Land Disposal Restrictions Phase Texas Water Code Annotated III--Emergency Extension of the K088 Section 5.103 (Vernon 2000), National Capacity Variance, [62 FR effective September 1, 1995, 37694] July 14, 1997. (Checklist 160). 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 April 30, 2000.

[[Page 23609]]

9. Second Emergency Revision of the Texas Water Code Annotated Land Disposal Restrictions (LDR)

Section 5.103 (Vernon 2000), Treatment Standards for Listed

effective September 1, 1995, Hazardous Wastes From Carbamate

as amended; Texas Health & Production, [62 FR 45568] August 28, Safety Code Annotated Section 1997. (Checklist 161).

361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1989, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c), effective April 30, 2000. 10. Organic Air Emission Standards for Texas Water Code Annotated Tanks, Surface Impoundments, and

Section 5.103 (Vernon 2000), Containers; Clarification and

effective September 1, 1995, Technical Amendments, [62 FR 64636] as amended; Texas Health & December 8, 1997. (Checklist 163). Safety Code Annotated Section 361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Sections 335.152(a)(1), 335.152(a)(4), 335.152(a)(17)-(19); 335.112(a)(1), 335.112(a)(4), 335.112(a)(19)-(21), 335.112(a)(24), effective November 18, 2001, as amended; 305.50(4)(A), effective March 21, 2000. 11. Kraft Mill Steam Stripper

Texas Water Code Annotated Condensate Exclusion, [63 FR 18504] Section 5.103 (Vernon 2000), April 15, 1998. (Checklist 164).

effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of solid waste) (A)(iv), effective November 15, 2001. 12. Recycled Used Oil Management

Texas Water Code Annotated Standards; Technical Correction and Section 5.103 (Vernon 2000), Clarification, [63 FR 24963] May 6, effective September 1, 1995, 1998. (Checklist 166 & 166.1).

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 Phase Texas Water Code Annotated IV--Treatment Standards for Metal

Section 5.103 (Vernon 2000), Wastes and Mineral Processing Wastes, effective September 1, 1995, [ 63 FR 28556] May 26, 1998.

as amended; Texas Health & (Checklist 167 A).

Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a hazardous waste), effective January 26, 1994, as amended; Section 335.1 (A)(iv) (definition of solid waste), effective May 30, 2001, as amended; Section 335.431(c), effective November 15, 2001. 14. Land Disposal Phase IV--Hazardous Texas Water Code Annotated Soils Treatment Standards and

Section 5.103 (Vernon 2000), Exclusions, [63 FR 28556] May 26,

effective September 1, 1995, 1998. (Checklist 167 B).

as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.69(f)(4)(C), effective March 18, 2001; Section 335.431(c) , effective November 15, 2001. State law has no provision equivalent to 40 CFR268.44(a), under which EPA may assure a variance from an applicable treatment standard. 15. Land Disposal Restrictions Phase Texas Water Code Annotated IV--Corrections, [63 FR 28556] May 26, Section 5.103 (Vernon 2000), 1998. (Checklist 167 C & 167.C.1). 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 CFR268.44(a), under which EPA may assure a variance from an applicable treatment standard.

[[Page 23610]]

16. Mineral Processing Secondary

Texas Water Code Annotated Material Exclusion, [63 FR 28556] May Section 5.103 (Vernon 2000), 26, 1998. (Checklist 167 D).

effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1989, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of solid waste), effective May 30, 2001. 17. Bevil Exclusion Revision and

Texas Water Code Annotated Clarification, [63 FR 28556] May 26, Section 5.103 (Vernon 2000), 1998. (Checklist 167 E).

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. 18. Exclusion of Recycled Wood

Texas Water Code Annotated Preserving Wastewater, [63 FR 28556] Section 5.103 (Vernon 2000), May 26, 1998. (Checklist 167 F).

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 (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. Hazardous Waste Combustors Revised Texas Water Code Annotated Standards, [63 FR 33782] June 19,

Section 5.103 (Vernon 2000), 1998. (Checklist 168).

effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Sections 335.1 (definition of solid waste) (A)(iv), effective May 30, 2001; Sections 305.69(i), 305.69(k), effective April 12, 2001; 305.51(a)(8), effective December 5, 1999. 20. Petroleum Refining Process, [63 FR Texas Water Code Annotated 42110] August 6, 1998; [63 FR 54356] Section 5.103 (Vernon 2000), October 9, 1998. (Checklist 169 &

effective September 1, 1995, 169.1).

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. 21. Land Disposal Restrictions Phase IV- Texas Water Code Annotated Zinc Micronutrient Fertilizers,

Section 5.103 (Vernon 2000), Administrative Stay, [63 FR 46332] effective September 1, 1995, August 31, 1998. (Checklist 170).

as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431, effective November 15, 2001. 22. Emergency Revision of Land Disposal Texas Water Code Annotated Restrictions (LDR) Treatment Standards Section 5.103 (Vernon 2000), for Listed Hazardous Waste from

effective September 1, 1995, Carbamate Production, [63 FR 47409] as amended; Texas Health & September 4, 1998. (Checklist 171). 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.

[[Page 23611]]

23. Land Disposal Restrictions Phase Texas Water Code Annotated IV--Extension of Compliance Date for Section 5.103 (Vernon 2000), Characteristic Slags [63 FR 48124], effective September 1, 1995, September 9, 1998 (Checklist 172). as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431, effective November 15, 2001, as amended. 24. Land Disposal Restrictions--

Texas Water Code Annotated Treatment Standards for Spent

Section 5.103 (Vernon 2000), Potliners from Primary Aluminum

effective September 1, 1995, Reduction (KO88), [63 FR 51254]

as amended; Texas Health & September 24, 1998. (Checklist 173). Safety Code Annotated Section 361.017 (Vernon 2001) effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c), effective November 15, 2001. 25. Hazardous Remediation Waste

Texas Water Code Annotated Management Requirements (HWIR-Media), Section 5.103 (Vernon 2000), [63 FR 65874] November 30, 1998.

effective September 1, 1995, (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. 26. Universal Waste Rule--Technical Texas Water Code Annotated Amendments [63 FR 71225], December 24, Section 5.103 (Vernon 2000), 1998. (Checklist 176).

effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.261(b)(16)(D), effective April 30, 2000; Section 335.251, effective October 19, 1998. 27. Organic Air Emission Standards: Texas Health & Safety Code Clarification and Technical Amendments Annotated Section 361.024 [64 FR 3382], January 21, 1999.

(Vernon 2001), effective (Checklist 177).

September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Sections 335.69(a)(1)(A)-(B) effective March 18, 2001; 335.152(a)(17), (19), and (21), effective November 18, 2001. 28. Petroleum Refining Process Wastes- Texas Water Code Annotated Leachate Exemption [64 FR 6806],

Section 5.103 (Vernon 2000), February 11, 1999. (Checklist 178). effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.003 (Vernon 2001), September 1, 1991, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a hazardous waste), January 26, 1994 as amended. 29. Land Disposal Restrictions Phase Texas Water Code Annotated IV--Technical Corrections and

Section 5.103 (Vernon 2000), Clarifications to Treatment Standards effective September 1, 1995, [64 FR 25408], May 11, 1999.

as amended; Texas Health & (Checklist 179).

Safety Code Annotated Section 361.003 (Vernon 2001), effective September 1, 1991, as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a hazardous waste), effective January 26, 1994, as amended; Section 335.1 (definition of solid waste), effective May 30, 2001; Section 335.431(c), effective November 15, 2001; and Section 335.69(f)(4)(C), effective March 18, 2001.

[[Page 23612]]

30. Guideline for Establishing Test Texas Water Code Annotated Procedures for the Analysis of Oil and Section 5.103 (Vernon 2000), Grease and Non-Polar Material Under effective September 1, 1995, the Clean Water Act and Resource

as amended; Texas Health & Conservation and Recovery Act [64 FR Safety Code Annotated Section 26315], June 14, 1999. (Checklist 180). 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 November 15, 2001. 31. Universal Waste Rule: Specific Texas Water Code Annotated Provisions for Hazardous Waste Lamps Section 5.103 (Vernon 2000), [64 FR 36466], July 6, 1999.

effective September 1, 1995, (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. 32. NESHAPS: Final Standards for

Texas Water Code Annotated Hazardous Air Pollutants for Hazardous Section 5.103 (Vernon 2000), Waste Combustors, Miscellaneous Units, effective September 1, 1995, and Secondary Lead Smelters;

as amended; Texas Health & Clarification of BIF Requirements

Safety Code Annotated Section Technical Correction to Fast-track 361.017 (Vernon 2001), Rule (MACT Rule), [64 FR 52827]

effective September 1, 1995, September 30, 1999; [64 FR 63209]

as amended; Texas Health & November 19, 1999. (Checklist 182 & Safety Code Annotated Section 182.1).

361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Sections 335.1 (129)(A)(iv) (definition of solid waste), effective November 15, 2001, 335.152(a)(13), 335.112(a)(14), November 18, 2001; Section 305.50(4)(A), effective March 21, 200; Section 305.175, effective November 15, 2001; Section 335.152(a)(14), effective November 18, 2001; Section 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. 33. Land Disposal Restrictions Phase Texas Water Code Annotated IV--Technical Corrections [64 FR

Section 5.103 (Vernon 2000), 56469], October 20, 1999 (Checklist effective September 1, 1995, 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. 34. Waste Water Treatment Sludges from Texas Water Code Annotated Metal Finishing Industry; 180-day

Section 5.103 (Vernon 2000), Accumulation time [65 FR 12378], March effective September 1, 1995, 8, 2000. (Checklist 184).

as amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective September 1, 1995, as amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas Administrative Code Section 335.69(j)-(l) effective March 18, 2001. 35. Organobromine Production Waste [65 Texas Water Code Annotated FR 14472], March 17, 2000. (Checklist Section 5.103 (Vernon 2000), 185).

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.

Statutory and Executive Order Reviews

The Office of Management and Budget has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore, this action is not subject to review by OMB. This rule incorporated by reference Texas' authorized hazardous waste management regulations, and imposes no additional requirements beyond those imposed by State law. This final 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.). Incorporation by reference will not impose any new burdens on small entities. Accordingly, I certify that this action will not have a significant economic impact on a

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substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule merely incorporates by reference certain existing State hazardous waste management program requirements which EPA already approves under 40 CFR part 271, 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 (Public Law 104-4).

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 (1999)), because it merely incorporates by reference existing State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249(2000)).

This action also is not subject to Executive Order 13045 (62 FR 19885 (1997)), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply Distribution or Use'' (66 FR 28344 (2001)) because it is not a significant regulatory action under Executive Order 12866.

Under RCRA section 3006(b), EPA grants a State's application for incorporation by reference 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 incorporation by reference 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) do not apply. The final rule does not include environmental justice issues that require consideration under Executive Order 12898 (59 FR 7629, February 16, 1994). 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. 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.

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 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).

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 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 21, 2003. Lawrence E. Starfield, Deputy Regional Administrator, Region 6.

[FR Doc. 03-10759 Filed 5-2-03; 8:45 am]

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