[Federal Register: April 15, 2003 (Volume 68, Number 72)]
[Rules and Regulations]
[Page 18126-18135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap03-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7482-3]
Texas: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Texas has applied for Final authorization of its
revisions to its Hazardous Waste Program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
revisions satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's revisions through this
immediate final action. The EPA is publishing this rule to authorize
the revisions without a prior proposal because it believes this action
is not controversial and does not expect adverse comments. Unless the
EPA receives adverse comments which oppose this authorization during
the comment period, the decision to authorize the State of Texas'
revisions to their hazardous waste program will take effect. If adverse
comments are received, the EPA will publish a document in the Federal
Register either: withdrawing this immediate final decision; or a notice
containing a response to comments and which either affirms that the
immediate final decision takes effect or reverses the decision.
DATES: This immediate final rule is effective on June 16, 2003, unless
EPA receives adverse written comment by May 15, 2003. Should the EPA
receive such comments, it will publish a timely document either:
withdrawing the immediate final publication or affirming the
publication and responding to comments.
ADDRESSES: Written comments, referring to Docket Number TX-01-02,
should be sent to Alima Patterson Region 6 Regional Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 1145 Ross Avenue, Dallas
Texas 75202-2733. Copies of the State of Texas program revision
application and the materials which EPA used in evaluating the revision
are available for inspection and copying from 8:30 a.m. to 4 p.m.
Monday through Friday at the following addresses: Texas Commission on
Environmental Quality (TCEQ), 12100 Park S. Circle, Austin TX 78753-
3087, (512) 239-1121 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733, (214) 665-6444.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from 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 Hazardous Waste Program. As the Federal program
changes, States must change their programs and ask 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 EPA's regulations in 40 CFR parts 124, 260-266,
268, 270, 273, and 279.
B. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Texas subject to
RCRA will now have to comply with the authorized State requirements (in
RCRA Clusters VII through X listed in this document) instead of the
equivalent federal requirements in order to comply with RCRA. Texas has
enforcement responsibilities under its state hazardous waste program
for violations of such program, but EPA retains its authority under
RCRA sections 3007, 3008, 3013, and 7003, which include, among others,
authority to: (1) Do inspections, and require monitoring, tests,
analyses or reports; (2) enforce RCRA requirements and suspend or
revoke permits; and (3) 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 Texas is being authorized by today's action are already
effective, and are not changed by today's action.
C. 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 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 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); 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,
[[Page 18127]]
1999 (64 FR 49673); effective November 15, 1999.
On March 28, 2002, 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 in the Attorney General Statement. 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. For further legislative history on the name-
change (See, Act of June 15, 2001, 77th Leg. R. S., Ch 965, section
18.01, 2001 Tex. Gen. Laws 1985).
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 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, handing, 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 waste 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 MOU
clarified the jurisdictional boundaries between the agencies for the
management and regulation of waste associated with exploration,
development, production and refining of oil and gas. The MOU has been
adopted by rule, which is an adoption by reference of the RRC's rule,
and describes the division of responsibilities as well as the
procedures for coordination between the two agencies. See, TCEQ's rule
30 Tex. Admin. Code section 7.117 and RRC's rule at 16 Tex. Admin. Code
section 3.30.
The TCEQ has the rules necessary to implement EPA's RCRA Clusters
VII through X revisions to the Federal Hazardous Waste Program
promulgated from July 1, 1995, to June 30, 2000. The TCEQ authority to
incorporate Federal rules by reference can be found at Texas Government
Code Annotated section 311.027 (Vernon 1998) and adoption of the
hazardous waste rules in general are pursuant to the following
statutory provisions: (1) Tex. Water Code Ann. section 5.103 (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 (authority 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 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 because
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 waste. 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). However, the TCEQ has a 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.
D. What Changes Are We Authorizing With Today's Action?
The State of Texas applied for final approval of its revision to
its complete program 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). Texas requirements are included in a chart with this
document. The EPA is now making an immediate final decision, subject to
receipt of written comments that oppose this action, that Texas'
Hazardous Waste Program revision satisfies all of the requirements
necessary to qualify for final authorization. Therefore, we grant Texas
final authorization for the following program revisions:
[[Page 18128]]
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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 &
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 2002),
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,
section 335.69(f)(2),
335.69(a)(1)(A)-(B), effective
November 15, 2001, as amended;
section 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(a)(A),
effective November 18, 2001,
as amended.
3. Land Disposal Restrictions Phase Texas Water Code Annotated
III--Emergency Extension of the K088 section 5.103 (Vernon 2000),
Capacity Variance, [62 FR 1992] 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 section
335.1, and 335.61, effective
April 12, 2001, as amended;
section 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,
335.271, 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, 30
Texas Administrative Code
section 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. 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 18129]]
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; section 335.132(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,
section 335.431(c)(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.
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, 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 section
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). 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; section
335.24(c)(4)(A)-(C), effective
April 14, 1999; section
section 324.1, 324.3, 324.6,
324.11-14, effective August 8,
1999.
[[Page 18130]]
13. Land Disposal Restrictions Phase IV- Texas Water Code Annotated
Treatment Standards for Metal Wastes section 5.103 (Vernon 2000),
and Mineral Processing Wastes, [63 FR effective September 1, 1995,
28556] May 26, 1998. (Checklist 167 A). 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,
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 CFR
268.44(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). 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 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,
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 section
335.1 (definition of solid
waste) (A)(iv), effective May
30, 2001 as amended; 335.1
(definition of 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 section
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, 1998. section 5.103 (Vernon 2000),
(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 section
335.1 (definition of solid
waste) (A)(iv), effective May
30, 2001; section 305.69(i),
305.69(k), effective April 12,
2001; 305.51(a)(8), effective
December 5,
[[Page 18131]]
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
361.017 (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 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 Texas Water Code Annotated
IV--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 April 30,
2000 as amended.
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, effective April 30,
2000, as amended.
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] 1995, as amended; Texas Health
September 9, 1998. (Checklist 172). & 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 (K088), [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
361.017 (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 Heath &
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
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 Waste 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),
27. Organic Air Emission Standards: Texas Water Code Annotated
Clarification and Technical Amendments section 5.103 (Vernon 2000),
[64 FR 3382, January 21, 1999. effective September 1, 1995,
(Checklist 177). 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(a)(1)(A)-(B) effective
March 18, 2001;
335.152(a)(17), (19) and (21),
effective November 18, 2002.
[[Page 18132]]
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
361.017 (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.
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. (Checklist as amended; Texas Health &
179). 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.
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 Taxes
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. (Checklist effective September 1, 1995,
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; section 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 51.03 (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 200),
effective September 1, 1989,
as amended; 30 Texas
Administrative Code section
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; section
305.50(4)(A), section
305.69(i), effective November
15, 2001; section 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.
[[Page 18133]]
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 -- --
36. Organobromine Production Waste and Texas Water Code Annotated
Petroleum Refining Process Waste; section 5.103 (Vernon 2000),
Technical Correction, [65 FR 36365 effective September 1, 1995,
June 8, 2000. (Checklist 187). 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.
------------------------------------------------------------------------
E. 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 Texas Commission on Environmental
Quality's Authorization?
In this authorization document, the State of Texas is also seeking
authorization for the Post-Closure Permit Requirement and Closure
Process, (Checklist 174). On September 30, 1999, the 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 the CAA. Even
though both statutes give the EPA the authority to regulate these
emissions, the 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, the 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 the 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 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
RCRA Site-Specific Risk Assessment Policy for Hazardous Waste
Combustion Facilities dated June, 2000, for more information.
E. What Decisions Has the EPA Made?
The EPA concludes that Texas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, the EPA grants 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 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.
F. How Do the Revised State Rules Differ From the Federal Rules?
The EPA considers the following state requirement to be more
stringent than the federal: 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 approve a
variance from an applicable treatment standard. In this authorization,
there are no broader in scope provisions. The EPA cannot enforce
broader in scope requirements.
G. Who Handles Permits After This Authorization Takes Effect?
The State 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 Texas is
not yet authorized.
[[Page 18134]]
H. Why Wasn't There a Proposed Rule Before Today's Notice?
The EPA is authorizing the State's changes through this immediate
final action and is publishing this rule without a prior proposal to
authorize the changes because EPA believes it is not controversial and
does not expect comments that oppose this action. The EPA is providing
an opportunity for public comment in the proposed rules section of
today's Federal Register, where we are publishing a separate document
that proposes to authorize the State changes. If EPA receives comments
which oppose this authorization, that document will serve as a proposal
to authorize the changes.
I. Where Do I Send My Comments and When Are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number TX-01-02. We must receive your comments by May 15, 2003.
You may not have an opportunity to comment again. If you want to
comment on this action. You must do so at this time.
J. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments which 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. EPA 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.
K. When Will This Approval Take Effect?
Unless EPA receives comments that oppose this action, this final
authorization approval will become effective without further notice on
June 16, 2003.
L. Where Can I Review the State's Applications?
You can view and copy the State of Texas' application from 8:30
a.m. to 4 p.m., Monday through Friday at the following addresses: Texas
Commission on Environmental Quality, 12100 Park 35 Circle, Austin TX
78753-3087, (512) 239-1121 and EPA, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, (214) 665-6444. For further information contact Alima
Patterson, Regional Authorization Coordinator, Grants and Authorization
Section (6PD-G), Multimedia Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533.
M. 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.
N. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized Hazardous Waste
Program into the CFR. The EPA does this by referencing the authorized
State rules in 40 CFR part 272. The EPA reserves the amendment of 40
CFR part 272, subpart SS for this codification of Texas' program
changes until a later date.
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 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 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
[[Page 18135]]
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). This
action will be effective on June 16, 2003.
List of Subjects in 40 CFR Part 271
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: March 27, 2003.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 03-9044 Filed 4-14-03; 8:45 am]
BILLING CODE 6560-50-P