Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47947

period on this action. Any parties

interested in commenting on this action

should do so at this time. If no such

written comments are received, the

public is advised that this action will be

effective on November 12, 1997.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

III. Administrative Requirements, Etc.

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., USEPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604.

Alternatively, USEPA may certify that

the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Act forbids USEPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. EPA., 427 U.S.

246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, USEPA

must undertake various actions in

association with any proposed or final

rule that includes a Federal mandate

that may result in estimated costs to

state, local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. This Federal

action approves the removal of preexisting requirements which are no

longer a part of State or local law. No

new Federal requirements are imposed.

Accordingly, no additional costs to

state, local, or tribal governments, or the

private sector, result from this action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996,

USEPA submitted a report containing

this rule and other required information

to the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a major rule as defined by section

804(2).

E. Audit Privilege and Immunity Law

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Ohio’s audit privilege and immunity

law (Sections 3745.70—3745.73 of the

Ohio Revised Code). The USEPA will be

reviewing the effect of the Ohio audit

privilege and immunity law on various

Ohio environmental programs,

including those under the CAA, and

taking appropriate action(s), if any, after

thorough analysis and opportunity for

Ohio to state and explain its views and

positions on the issues raised by the

law. The action taken herein does not

express or imply any viewpoint on the

question of whether there are legal

deficiencies in this or any Ohio CAA

program resulting from the effect of the

audit privilege and immunity law. As a

consequence of the review process, the

regulations subject to the action taken

herein may be disapproved, Federal

approval for the CAA program under

which they are implemented may be

withdrawn, or other appropriate action

may be taken, as necessary.

F. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 12, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide and

Hydrocarbons.

Dated: August 27, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671(q).

Subpart KK—Ohio

2. Subpart KK is amended by adding

Section 52.1890 to read as follows:

§ 52.1890 Removed control measures.

On the dates listed below, Ohio

requested that the indicated control

measures be removed from the Ohio

State Implementation Plan (SIP).

(a) On February 21, 1997, the State of

Ohio requested that the following rules

and rule paragraphs be removed from

the SIP because they have been

amended or revoked by the State

subsequent to their incorporation in the

SIP: OAC 3745–21–02(C), OAC 3745–

21–03(D), OAC 3745–21–05, OAC 3745–

22–01, OAC 3745–22–02, OAC 3745–

22–03, OAC 3745–22–04, OAC 3745–

22–05, OAC 3745–22–06, OAC 3745–

22–07, OAC 3745–22–08, OAC 3745–

23–03, OAC 3745–23–04, OAC 3745–

23–05, and OAC 3745–102–07.

(b)[Reserved]

* * * * *

[FR Doc. 97–23977 Filed 9–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5892–1]

Texas: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Texas has

applied for final authorization to revise

to its hazardous waste program under

the Resource Conservation and

Recovery Act (RCRA). The EPA
47948 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

reviewed Texas’ application and

determined 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

(HSWA). Texas’ application for the

program revision is available for public

review and comment.

DATES: This final authorization for

Texas shall be effective November 26,

1997 unless EPA publishes a prior (FR)

action withdrawing this immediate final

rule. All comments on Texas’ program

revision application must be received by

the close of business October 27, 1997.

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, Texas 78711–

3087, and 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–97–2, should be

sent to Alima Patterson, Region 6

Authorization Coordinator, Grants and

Authorization Section (6PD–G),

Multimedia Planning and Permitting

Division, EPA Region 6, First Interstate

Bank Tower at Fountain Place, 1445

Ross Avenue, Dallas, Texas 75202,

Phone number: (214) 655–8533.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson, Region 6 Authorization

Coordinator, Grants and Authorization

Section (6P–G), Multimedia Planning

and Permitting Division, EPA Region 6,

First Interstate Bank Tower at Fountain

Place, 1445 Ross Avenue, Dallas, Texas

75202, Phone number: (214) 655–8533.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) RCRA 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. 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 Code of Federal

Regulations (CFR) 124, 260–262, 263,

265, 266, 268, 270 and 279.

B. Texas

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 FR on January 31,

1986, effective October 4, 1985 (51 FR

3952), on December 18, 1986, effective

February 17, 1987 (51 FR 45320), on

March 1, 1990, effective March 15, 1990

(55 FR 7318), on May 24, 1990, effective

July 23, 1990 (55 FR 21383), on August

22, 1991, effective October 21, 1991 (56

FR 41626), on October 5, 1992, effective

December 4, 1992 (57 FR 45719) and on

April 12, 1994, effective June 27, 1994.

On August 19, 1996, and March 20,

1997, the Texas Natural Resource

Conservation Commission (TNRCC)

submitted a final complete program

revision application for additional

program approvals.

In 1991, Texas Senate Bill 2 created

the 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).

TNRCC has authority to incorporate

Federal rules by reference and to adopt

hazardous waste rules in general

pursuant to the following statutory

provisions. See Texas Water Code

Annotated section 5.103 (Vernon 1988

and Supplement 1996), effective

September 1, 1995, as amended, which

authorizes TNRCC to adopt any rules it

deems necessary to carry out its powers

and duties; (2) Texas Health and Safety

Code section 361.024 (Vernon 1992 and

Supplement 1996), effective September

1, 1995, as amended, which authorizes

TNRCC to adopt rules to establish

minimum standards of operation for the

management and control of solid waste;

and (3) Texas Health and Safety Code

section 361.078 (Vernon 1992), effective

September 1, 1989, which specifically

recognizes the TNRCC’s authority to

adopt hazardous waste rules and to

issue and enforce permits to the extent

necessary to receive and maintain RCRA

authorization. (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).

The EPA reviewed TNRCC’s

application, and made an immediate

final decision that TNRCC’s hazardous

waste program revision satisfies all of

the requirements necessary to qualify

for final authorization. Consequently,

the 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 October 27, 1997. 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 TNRCC’s 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–

263, 264, 265–266, 270 and 279 that

were published in the FR from June 30,

1992 through June 30, 1994. 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.
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47949

Federal citation State analog

1. Wood Preserving Listing; Technical Correction, July 1, 1991 (56 FR 30192). (Checklist

92).

Texas Solid Waste Disposal Act (TSWDA), and Texas Health and Safety Code (THSC) Annotate §§ 361.003(34), 361.024 (Vernon 1992 and Supplement 1996), effective September 1,

1995, as amended; TSWDA and THSC § 361.078 (Vernon 1992), Title 30 Texas Administrative Code (TAC) Chapter § 335.1, March 1, 1996, as amended, § 335.1 effective July 14,

1987, TSWDA and THSC § Title 30 TAC §§ 335.69(a)(1), 335.69(a)(1)(A), 335.69(a)(1)(B),

335.69(a)(1)(C), 335.69(a)(2), 335.69(a)(3), and 335.69(a)(4), effective February 26, 1996,

Title 30 TAC §§ 335.152(a)(15) 335.112(a)(18), and TAC § 305.50(4)(A) effective November

23, 1993.

2. Burning of Hazardous Waste in Boilers and

Industrial Furnaces; Corrections and Technical Amendments I, July 17, 1991 (56 FR

32688). (Checklist 94).

TSWDA, Chapter 361, §§ 361.003(12), 361.061, 361.064 THSC Ann., (Vernon 1992 and Supplement 1996), effective September 1, 1995, as amended; TSWDA and THSC § 361.032

(Vernon Supplement 1996), effective August 28, 1995, as amended, TSWDA and THSC

§§ 361.036, 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC

§ 305.50(4)(A), effective November 23, 1993, § 305.69(d)(1)(D), effective February 26, 1996,

as amended, Title 30 TAC 305.69(h)(1), effective February 22, 1994, as amended,

§ 335.69(h)(1)(A), Title 30 TAC § 305.69(h)(1)(D), effective February 26, 1996, as amended,

Title 30 TAC 305.69(i), L.5, effective July 29, 1992, as amended, Title 30 TAC

§§ 305.572(1), 305.572(2), and 305.572(5), effective July 29, 1992, as amended, November

23, 1993, as amended, Title 30 TAC § 305.42(b), effective October 29, 1990, as amended

and Title 30 TAC § 335.43(b), effective November 7, 1991, as amended, Title 30 TAC

§ 335.24(b), effective September 1, 1986, Title 30 TAC § 335.24(b)(2), effective September

1, 1986, Title 30 TAC § 335.112(a)(112)(a)(15), TAC §§ 335.221(b)(1), effective March 6,

1996, as amended, 335.221(b)(3), effective July 29, 1992, as amended, Title 30 TAC

§ 335.221(b)(2), effective March 1, 1996, and 1992, as amended, §§ 335.221(a)(3),

335.221(a)(5), 335.221(a)(6), 335.221(a)(7), 335.221(a)(10), 335.221(a)(11), 335.221(a)(15),

335.221(a)(17), 335.221(a)(13), 335.221(a)(18), 335.221(a)(19), 335.221(a)(20),

335.221(a)(21), 335.221(a)(23), effective March 1, 1996, as amended, Title 30 TAC

§ 335.224(5), effective February 26, 1996, Title 30 TAC § 335.24(b), effective September 1,

1996, as amended, Title 30 § 335.24(b)(2), effective September 1, 1986, Title 30 TAC

§ 335.112(a)(15), effective November 23, 1993, as amended, Title 30 TAC §§ 335.221(a),

335.221(a) (1) and (9) effective March 1, 1996, as amended, Title 30 TAC § 335.112(a)(6),

effective February 26, 1996, as amended, Title 30 TAC §§ 335.224(5)(H), 335.224(5)(H)(i),

and 335.224(5)(H)(ii), effective February 26, 1996, as amended, Title 30 TAC § 335.224(7),

effective November 23, 1993, as amended, Title 30 TAC § 335.224(14), effective February

26, 1996, as amended, Title 30 TAC §§ 335.221(a)(4), and 335.221(a)(22), effective March

1, 1996, as amended, Title 30 TAC § 335.1, effective February 26, 1996, as amended, Title

30 TAC § 20.15, effective June 6, 1996, Title 30 TAC 335.41(g), effective March 6, 1996, as

amended, Title 30 TAC § 335.222(c)(1), effective July 29, 1992, as amended, and Title 30

TAC § 335.222(c)(2), effective February 26, 1996, as amended.

3. Land Disposal Restrictions for Electric Arc

Furnace Dust (K061), August 19, 1991 (56

FR 41164). (Checklist 95).

TSWDA Chapter 361 § 361.003(12), 361.024 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA Chapter 361, THSC § 361.078(Vernon 1992), effective

September 1, 1989, Title 30 TAC § 335.1 effective March 1, 1996, as amended,

§ 335.431(c)(1), effective March 22, 1995, as amended.

4. Burning of Hazardous Waste in Boilers and

Industrial Furnaces; Technical Amendments

II, August 27, 1991 (56 FR 42504). (Checklist

96).

TSDWA Chapter 361, THSC §§ 361.003(34), 361.024(Vernon 1992 & Supp. 1996) effective

September 1, 1995, as amended, TSDWA, THSC § 361.078(Vernon 1992), effective September 1, 1989, Title 30 TAC § 335.1, effective March 1, 1996, as amended, TSWDA,

THSC §§ 361.003(12), 361.024, 361.061(Vernon 1992 & Supp. 1996), effective September

1, 1995, as amended, TSWDA, THSC § 361.032(Vernon Supp 1996), effective August 28,

1995, as amended,TSWDA, THSC §§ 361.036, 361.078(Vernon 1992), effective September

1, 1989, TAC § 2001.021 Texas Government Code Ann.(Vernon Supp 1996) effective September 1, 1993, Title 30 TAC §§ 335.24(b), 335.24(b)(2), effective September 1, 1986,

§ 335.112(a)(15), effective November 23, 1993, as amended, § 335.221(b)(1), effective

March 6, 1996, as amended, § 335.221(b)(3), effective July 29, 1992, as amended,

§ 335.221(b)(2), effective March 1, 1996, 1992, as amended, §§ 335.221(a) (3), (5), (6), (7),

(10), (11), (13), (15), (17), (18), (19), (20), (21), (23), § 335.221(a) effective March 1, 1996,

§ 335.224(5), effective February 26, 1996, § 335.223(b), effective July 29, 1992, as amended, § 335.112(a)(6), effective February 26, 1996, § 335.112(a) (1), (9), effective March 1,

1996, §§ 335.224(5)(H), (i)–(ii), effective February 26, 1996, § 335.224(7), effective November 23, 1993, § 335,224(14), effective February 26, 1996, § 335.221(a)(22), effective March

1, 1996, § 335.1, effective February 26, 1996, § 20.15, effective June 6, 1996, § 335.41(g),

effective March 6, 1996, § 335.222(c)(1), July 29, 1992, and § 335.222(c)(2), effective February 26, 1996 as amended.

5. Exports of Hazardous Waste; Technical Corrections, September 4, 1991 (56 FR 43704).

(Checklist 97).

TSWDA, THSC § 361.024(Vernon 1992 & Supp. 1996), effective September 1, 1995, as

amended, TSWDA, THSC §§ 361.036, 361.078(Vernon 1992), effective September 1, 1989;

Title 30 TAC § 335.76(b)(1), effective July 27, 1988, as amended, § 335.9, effective March

1, 1996, as amended.

6. Amendments to Interim Status Standards for

Downgradient Ground-Water Monitoring Well

Locations at Hazardous Waste Facilities, (56

FR 66365–66369) December 23, 1991.

(Checklist 99).

Tex. Water Code Ann. § 5.103(Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA, THSC §§ 361.024 (Vernon 1992 & Supp.1996), effective September 1,

1995, as amended; TSWDA, THSC § 361.078(Vernon 1992), effective September 1, 1989;

Title 30 TAC § 335.1, effective January 26, 1994, as amended, and § 335.112(a)(5), effective February 26, 1996, as amended.
47950 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

Federal citation State analog

7. Liners and Leak Detection Systems for Hazardous Waste Land Disposal Units, (57 FR

3462–3497) January 29, 1992. (Checklist

100).

Texas Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995,

as amended; TSWDA Chapter 361, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended; TSWDA Chapter 361, § 361.078 THSC (Vernon

1992) effective September 1, 1989; Title 30 TAC §§ 305.122(a), 305.122(a)(1),

305.122(a)(2), § 305.50(4)(A), effective November 23, 1993; § 305.122(a)(3), § 305.69(i), B,

H, J effective February 26, 1996; §§ 335.1, 335.152(a)(1), 335.152(a)(4), 335.168(c)–(f),

335.168(g)–(i), 335.152(a) (9), 335.169(b)(2)–(4), 335.170(c)–(d), (1)–(2), 335.170(e),

335.170(f), (1)–(2), 335.170(g)–(k), 335.152(a)(10), 335.173 (c)–(d), 335.173(d) (1)–(2),

335.173(f), (1)–(2), 335.173 (g)–(k), 335.152(a)(12), 335.174(b) (3)–(6), 335.112(a)(1),

335.112(a)(4), 335.112(a) (10)–(11), 335.112(a)(13), effective February 26, 1996; § 335.124

(a)–(d), effective May 28, 1986; The State rule provisions in 30 TAC § 335.124(a)–(d) are

more stringent than their federal counterparts 40 CFR §§ 265.301(f)–(i) in two parts: (1) The

owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from a

100-year, rather, rather than a 25-year, storm; and (2) the owner or operator must design,

construct, operate and maintain a run-off management system to collect and control at least

the water volume resulting from a 24-hour, 100 year storm, rather than a 24-hour, 25 yearstorm.

8. Second Correction to the Third Third Land

Disposal Restrictions, March 6, 1992 (57 FR

8086). (Checklist 102).

TSWDA, THSC §§ 361.003(12), 361.024 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended; TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989;

Title 30 TAC §§ 335.152(a)(1), and 335.112(a)(1), effective February 26, 1996, as amended,

and § 335.431(c)(1), effective March 22, 1995, as amended.

9. Hazardous Debris Case-by-Case Capacity

Variance, (57 FR 20766–20770) May 15,

1992. (Checklist 103).

TSWDA, THSC § 361.024 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as

amended TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989, Title 30

TAC § 335.431(c)(1), effective March 22, 1995, as amended.

10. Used Oil Filter Exclusion, (57 FR 21524–

21534) May 20, 1992. (Checklist 104).

TSWDA, THSC §§ 361.003(12), 361.024 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended, TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989,

THSC, § 371.028 (Vernon Supp. 1996), effective September 1, 1995, as amended, Title 30

TAC § 335.1, effective July 14, 1987, as amended.

11. Recycled Coke By-Product Exclusion, (57

FR 27880–27888) June 22, 1992. (Checklist

105).

TSWDA, THSC §§ 361.003(34), 361.024 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989,

Title 30 TAC § 335.1, effective March 1, 1996, as amended, TSWDA, THSC, § 361.003(12),

361.024, 361.061 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended,

TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC

§ 335.221(a)(1), effective March 1, 1996, as amended.

12. Lead-bearing Hazardous Materials Case-byCase Capacity Variance, (57 FR 28628–

28632) June 26, 1992. (Checklist 106).

SWDA, THSC, § 361.024 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as

amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989, Title 30

TAC § 335.431(c)(1), effective March 22, 1995, as amended.

13. Used Oil Filter Exclusion; Technical Corrections, (57 FR 29220) July 1, 1992. (Checklist

107).

TSWDA, THSC §§ 361.003(12), 361.024 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended,TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989,

THSC, § 371.028 (Vernon Supp. 1996), effective September 1, 1995, as amended, Title 30

TAC § 335.1, effective July 14, 1987, as amended.

14. Toxicity Characteristic Revisions; Technical

Corrections, (57 FR 30657-30658) July 10,

1992. (Checklist 108).

TSWDA, THSC §§ 361.003(12), 361.024, 361.061, (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended, TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989, THSC, § 371.078 (Vernon Supp. 1992), effective September 1, 1989, as

amended, Title 30 TAC § 335.1, effective July 14, 1987, as amended, Title 30 TAC

§ 335.112(a)(13), effective February 26, 1996, as amended.

15. Land Disposal Restrictions for Newly Listed

Wastes and Hazardous Debris, (57 FR

37194–37282) August 18, 1992. (Checklist

109).

TSWDA, THSC, §§ 361.003(12), 361.024, 361.064, (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective 1992

& Supp. 1996), effective September 1, 1995, as amended, TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC § 355.1, effective July 14, 1987, as

amended, Title 30 TAC § 335.431(c)(1), effective March 22, 1995, as amended, Title 30

TAC § 305.50(4)(A), effective November 23, 1993, as amended, TSWDA, THSC, §§ 361.024

(Vernon 1992 & Supp 1996), effective September 1, 1995, as amended, TSWDA, THSC

§ 361.078 (Vernon 1992), effective September 1, 1989, Title 30 TAC § 335.1, effective February 26, 1996, as amended, Title 30 TAC § 335.69(a)(1)(C), effective February 26, 1996,

as amended, Title 30 TAC § 335.69(a)(1)(D), Title 30, TAC § 335.69(a)(1)(D)(i)-(ii), Title 30

TAC § 335.69(a)(2), Title 30 TAC § 335.152(a)(5)-(6), Title 30 TAC § 335.152(a)(19), Title 30

TAC § 335.112(a)(6), Title 30 TAC § 335.118(b), Title 30 TAC §§ 335.112(a)(10) and (21),

effective February 26, 1996, as amended, Title 30 TAC § 335.431(c)(1), effective March 22,

1995, as amended, Title 30 TAC § 305.69(f)(5)(B)(ii), Title 30 TAC § 305.69(i), I.6, Title 30

TAC § 305.69(i),(N), Title 30 TAC § 305.51(c)(6), effective February 26, 1996.

16. Coke By-Products Listings, (57 FR 37284–

37306) August 18, 1992. (Checklist 110).

TSWDA, THSC, §§ 361.003(12), 361.024 (Vernon 1992 * Supp. 1996), effective September 1,

1995, as amende, TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989,

as amended, Title 30 TAC § 335.1, effective July 14, 1987, as amended, Title 30 TAC

§ 335.29(4), effective February 26, 1996, as amended.
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47951

Federal citation State analog

17. Burning of Hazardous Waste in Boilers and

Industrial Furnaces; Technical Amendment III,

[57 FR 38558–38566] August 25, 1992.

(Checklist 111).

TSDWA Chapter 361, THSC §§ 361.003(34), 361.024(Vernon 1992 & Supp. 1996) effective

September 1, 1995, as amended, TSDWA, THSC § 361.078(Vernon 1992), effective September 1, 1989, Title 30 TAC § 335.1, effective March 1, 1996, as amended, TSWDA,

THSC §§ 361.003(12), 361.024, 361.061(Vernon 1992 & Supp. 1996), effective September

1, 1995, as amended, TSWDA, THSC § 361.032(Vernon Supp 1996), effective August 28,

1995, as amended,TSWDA, THSC §§ 361.036, 361.078(Vernon 1992), effective September

1, 1989, TAC § 2001.021 Texas Government Code Ann.(Vernon Supp 1996) effective September 1, 1993, Title 30 TAC §§ 335.24(b), 335.24(b)(2), effective September 1, 1986,

§ 335.112(a)(15), § 335.221(b)(2), effective March 1, 1996, 1992, as amended,

§§ 335.221(a)(3), (5), (6), (7), (10), (11), (13), (15), (17), (18), (19), (20), (21), (23),

§ 335.221(a) effective March 1, 1996, § 335.224(5), effective February 26,1996,

§ 335.223(b), effective July 29, 1992, as amended, § 335.112(a)(6), effective February 26,

1996, § 335.112(a)(1), (9), effective March 1, 1996, §§ 335.224(5)(H), (i)-(ii), effective February 26, 1996, § 335.224(7), effective November 23, 1993, § 335,224(14), effective February 26, 1996, § 335.221(a)(22), effective March 1, 1996, § 335.1, effective February 26,

1996, § 20.15, effective June 6, 1996, § 335.41(g), effective March 6,1996, § 335.222(c)(1),

July 29, 1992, and § 335.222(c)(2), effective February 26, 1996 as amended.

18. Consolidated Liability Requirements, (53 FR

33938-33960) July 1, 1991, and [57 FR

42832–42844] September 16, 1992. (Checklists 113, 113.1, & 113.2).

TSWDA, THSC, §§ 361.024, 361.085 (Vernon 1992 Supp. 1996), effective September 1, 1995,

as amended, TSWDA, THSC § 361.078(Vernon 1992), effective September 1, 1989; Title 30

TAC §§ 335.1(a)(7), 335.152(a)(6), 335.152(a)(6)(C), effective February 26, 1996, as

amended, Title 30 TAC §§ 335.112(a)(7), 335.152(a)(6), effective February 26, 1996, as

amended, Title 30 TAC §§ 335.112(a)(7), 335.152(a)(6), effective February 26, 1996, as

amended.

19. Burning of Hazardous Waste in Boilers and

Industrial Furnaces; Technical Amendment

IV, (57 FR 44999-45001) September 30,

1992. (Checklist 114).

TSDWA Chapter 361, THSC §§ 361.003(34), 361.024(Vernon 1992 & Supp. 1996) effective

September 1, 1995, as amended, TSDWA, THSC § 361.078(Vernon 1992), effective September 1, 1989, Title 30 TAC § 335.1, effective March 1, 1996, as amended, TSWDA,

THSC §§ 361.003(12), 361.024, 361.061(Vernon 1992 & Supp. 1996), effective September

1, 1995, as amended, TSWDA, THSC § 361.032(Vernon Supp 1996), effective August 28,

1995, as amended,TSWDA, THSC §§ 361.036, 361.078(Vernon 1992), effective September

1, 1989, TAC § 2001.021 Texas Government Code Ann.(Vernon Supp 1996) effective September 1, 1993, Title 30 TAC §§ 335.24(b), 335.24(b)(2), effective September 1, 1986,

§ 335.112(a)(15), § 335.221(b)(2), effective March 1, 1996, 1992, as amended,

§§ 335.221(a) (3), (5), (6), (7), (10), (11), (13), (15), (17), (18), (19), (20), (21), (23),

§ 335.221(a) effective March 1, 1996, § 335.224(5), effective February 26,1996,

§ 335.223(b), effective July 29, 1992, as amended, § 335.112(a)(6), effective February 26,

1996, § 335.112(a)(1), (9), effective March 1, 1996, §§ 335.224(5)(H), (i)-(ii), effective February 26, 1996, § 335.224(7), effective November 23, 1993, § 335,224(14), effective February 26, 1996,§ 335.221(a)(22), effective March 1, 1996, § 335.1, effective February 26,

1996, § 20.15, effective June 6, 1996, § 335.41(g), effective March 6,1996, § 335.222(c)(1),

July 29, 1992, and § 335.222(c)(2), effective February 26, 1996 as amended.

20. Chlorinated Teluenes Production Waste

Listing, (57 FR 47376–47386) October 15,

1992. (Checklist 115).

TSWDA, THSC, §§ 361.003(12), 361.024 (Vernon 1992 * Supp. 1996), effective September 1,

1995, as amende, TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989,

as amended, Title 30 TAC § 335.1, effective July 14, 1987, as amended, Title 30 TAC

§ 335.29(4), effective February 26, 1996, as amended.

21. Hazardous Soil Case-By-Case Capacity

Variance, (57 FR 47772–47776) October 20,

1992. (Checklist 116).

TSWDA, THSC § 361.024 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as

amended TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989, Title 30

TAC § 335.431(c)(1), effective March 22, 1995, as amended.

22. ‘‘Mixture’’ and ‘‘Derived-From’’ Rules; Response to court Remand, (57 FR 7628–7633)

March 3, 1992. (Checklist 117A, 117A.1,

117A.2).

TSWDA, THSC §§ 361.003(12), 361.024, 361.061 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989; Title 30 TAC § 335.1, effective July 14, 1987, as amended.

23. Toxicity Characteristic Amendment, (57 FR

23062-23063) June 1, 1992. (Checklist 117B).

TSWDA, THSC, §§ 361.003(12), 361.024, 361.061 (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989; Title 30 TAC § 335.1, effective July 14, 1987, as amended.

24. Liquids in Landfills II, (57 FR 54452–54461)

November 18, 1992. (Checklist 118).

TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989; Title 30 TAC

§§ 335.1, 335.152(a)(1), 335.175 (a)–(b), 335.175, 335.175(d), 335.175(d)(1)-(2),

335.152(a)(12), 335.112(a)(1),335.125 (a)–(b), 335.125, effective February 26, 1996, as

amended, 335.125(f), 335.125(f)(1)-(2), effective May 28, 1986, and 335.112(a)(13), effective February 26, 1996, as amended. The State law is more stringent than federal law in

that state regulations do not permit disposal in landfills of free liquids even if a sorbent has

been applied to the liquids.

25. Toxicity Characteristic Revision; TCLP Correction, (57 FR 55114–55117) November 24,

1992. (Checklist 119 & 119.1)).

TSDWA, THSC, §§ 361.003(12), 361.024 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989;

Title 30 TAC § 335.29(2), effective February 26, 1996, as amended.

26. Wood Preserving; Revisions to Listings and

Technical Requirements, (57 FR 61492-

61505) December 24, 1992. (Checklist 120).

TSWDA, THSC, §§ 361.003(12), 361.024 (Vernon 1992 * Supp. 1996), effective September 1,

1995, as amended, TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989,

as amended, Title 30 TAC § 335.1, effective July 14, 1987, as amended, Title 30 TAC

§ 335.29(4), effective February 26, 1996, as amended. Texas Solid Waste Disposal Act

(TSWDA), and Texas Health and Safety Code (THSC) Annotated §§ 361.003(34), 361.024

(Vernon 1992 and Supplement 1996), effective September 1, 1995, as amended; TSWDA

and THSC § 361.078 (Vernon 1992), Title 30 Texas Administrative Code (TAC) Chapter

§ 335.1, March 1, 1996, as amended, § 335.1 effective July 14, 1987, Title 30 TAC

§§ 335.152(a)(15) 335.112(a)(18), effective November 23, 1993.
47952 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

Federal citation State analog

27. Corrective Action Management Units and

Temporary Units, (58 FR 8658–8685) February 16, 1993. (Checklist 121).

TSWDA, THSC §§ 361.024, 361.061 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended, TSWDA, THSC § 361.032 (Vernon Supp. 1996), effective August 28,

1995, as amended, Title 30 TAC §§ 335.1, 335.151(c), 335.167(b), 335.152(a)(14),

335.111(a), 305.2, 305.69(i), effective February 22, 1994, and § 335.431(c)(1), effective

March 22, 1995.

28. Recycled Used Oil Management Standards,

(57 FR 41566) September 10, 1992, (58 FR

26420) May 3, 1993, (58 FR 33341) June 17,

1993, (59 FR 10550) March 4, 1994. (Checklists 112, 122, 122.1 and 130).

Texas Used Oil Collection, Management, and Recycling Act, Chapter 371, THSC (Vernon

Supp 1992), effective September 1, 1995, as amended (H&SC); Title 30 TAC Chapter 324,

§§ 324.1, effective March 6, 1996, §§ 335.6(j), 335.24(b), 335.24(c), 335.41(g), 335.78(j),

335.221(b)(1), 335.504(1), 335.504(4), §§ 324.1, 324.2, 324.3, and 324.4, effective March 6,

1996. The Texas Used Oil Collection, Management, and Recycling Act in 30 TAC Chapter

324 Subchapter A are more stringent then the federal program for management of used oil.

THSC § 371.041(b)(4) expressly prohibits the intentional application of used oil to roads or

land for dust suppression without exception. The Code allows Do-it-Yourself Used Oil Collection center that is also a used oil generator to commingle household DIY oil with the used

oil it generates. The code also requires a DIY used oil collection center to register biennially

and report annually the amount of household used oil collected.

29. Land Disposal Restrictions; Renewal of the

Hazardous Waste Debris Case-by-Case Capacity Variance, (58 FR 28506–28511) May

14, 1993. (Checklist 123).

TSWDA, THSC § 361.024 (Vernon 1992 & Supp. 1996), effective September 1, 1995, as

amended TSWDA, THSC § 361.078 (Vernon 1992), effective September 1, 1989, Title 30

TAC § 335.431(c)(1), effective March 22, 1995, as amended.

30. Land Disposal Restrictions for Ignitable and

Corrosive Characteristic Wastes Whose

Treatment Standards Were Vacated, (58 FR

29860–29887) May 24, 1993. (Checklist 124).

TSWDA, THSC, §§ 361.024, 361.064 (Vernon 1992 & Supp. 1996), effective September 1,

1995, as amended, TSWDA, THSC, § 361.078 (Vernon 1992), effective September 1, 1989;

Title 30 TAC §§ 335.41(d)(1), 335.431(c)(1) effective March 22, 1995, as amended, and Title

30 TAC § 305.69(i), B, effective February 26, 1996, as amended.

31. Requirements for Preparation, Adoption,

and Submittal of Implementation Plans, (58

FR 38816–38884) July 20, 1993. (Checklist

125).

Tex. Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA Chapter 361, § 361.024, THSC (Vernon 1992) & Supp. 1996) effective

September 1, 1989; Title 30 TAC §§ 335.31, 335.221(a)(15), 335.221(17), and 335.221(a),

effective November 20, 1996, as amended.

32. Testing and Monitoring Activities, (58 FR

46040–46051), August 31, 1993. (Checklist

126).

Tex. Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA Chapter 361, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended, TSWDA Chapter 361 § 361.078 THSC (Vernon 1992), effective September 1, 1989; TSWDA Chapter 361, § 361.003, THSC (Vernon 1992), effective

September 1, 1991, as amended; Title 30 TAC § 335.1 effective January 26, 1994, as

amended; §§ 335.30, 335.29 (2)–(3), 335.152(a)(8), 335.175(c), 335.112(a)(9), 335.125(d),

335.431(c) (1),(3), 305.150, 305.172(2)(A) (iii)-(iv), 305.572(2), effective November 20, 1996,

as amended, and 305.50(A), effective November 23, 1993.

33. Boilers and Industrial Furnaces; Administrative Stay and Interim Standards for Bevill

Residues, (58 FR 59598–59603) November

9, 1993. (Checklist 127).

Tex. Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA Chapter 361, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended TSWDA Chapter 361, § 361.078 THSC (Vernon 1992), effective September 1, 1989; Title 30 TAC §§ 335.221(a)(23), and 335.221(a) effective November 20, 1996, as amended.

34. Wastes From the Use of Chlorophenolic

Formulations in Wood Surface Protection, (59

FR 458–469) January 4, 1994. (Checklist

128).

Tex. Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA, Chapter 361, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended; TSWDA, Chapter 361, § 361.078 THSC (Vernon 1992) effective September 1, 1989; Title 30 TAC §§ 335.29(5) and 335.30, effective November 20,

1996.

35. Recordkeeping Instructions; Technical

Amendment, (59 FR 13891–13893) March

24, 1994. (Checklist 131).

Tex. Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA, Chapter 361, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended; TSWDA Chapter 361, § 361.078, THSC (Vernon 1992),

effective September 1, 1989; Title 30 TAC §§ 335.152(a)(19)(A), and 335.112(a)(21)(A), effective November 20, 1996.

36. Wood Surface Protection; Correction, (59

FR 28484) June 2, 1994. (Checklist 132).

Tex. Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA, Chapter 361, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended; TSWDA, Chapter 361, § 361.078 THSC (Vernon 1992) effective September 1, 1989; Title 30 TAC §§ 335.29(5) and 335.30, effective November 20,

1996.

37. Letter of Credit Revision, (59 FR 29958–

29960) June 10, 1994. (Checklist 133).

Tex Water Code Ann. § 5.103 (Vernon 1988 & Supp. 1996), effective September 1, 1995, as

amended; TSWDA Chapter 361, § 361.024 THSC (Vernon 1992 & Supp. 1996), effective

September 1, 1995, as amended; TSWDA Chapter 361, § 361.078 THSC (Vernon 1992), effective September 1, 1989.

38. Correction of Beryllium Powder (P015) Listing, (59 FR 31551–31552) June 20, 1994.

(Checklist 134).

Tex. Water Code Ann. § 5.103 (Vernon & Supp. 1996), effective September 1995, as amended; TSWDA, Chapter 36, § 361.024, THSC (Vernon 1992 & Supp. 1996), effective September 1995, amended; TSWDA, Chapter 361, § 361.0 THSC (Vernon 1992) effective September 1989; Title 30 TAC § 335.1, effective January 26, 1994, as amended; 335.431(c)(1), effective November 2, 1996, as amended.

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
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations 47953

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 sections 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 3 of Executive

Order 12866.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

the EPA generally must prepare a

written statement, including a costbenefit analysis, for proposed and final

rules with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires the EPA

to identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows the EPA to adopt an alternative

other than the least costly, most costeffective, or least burdensome

alternative if the Administrator

publishes with the final rule an

explanation why that alternative was

not adopted. Before the EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of the EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any one year. The

EPA does not anticipate that the

approval of Texas’s hazardous waste

program referenced in today’s notice

will result in annual costs of $100

million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector. The

Act excludes from the definition of a

‘‘Federal mandate’’ duties that arise

from participation in a voluntary

Federal program, except in certain cases

where a ‘‘Federal intergovernmental

mandate’’ affects an annual federal

entitlement program of $500 million or

more that are not applicable here.

Texas’s request for approval of a

hazardous waste program is voluntary;

if a state chooses not to seek

authorization for administration of a

hazardous waste program under RCRA

subtitle C, RCRA regulation is left to the

EPA.

The EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for state, local, and

tribal governments in the aggregate, or

the private sector in any one year. The

EPA does not anticipate that the

approval of Texas’ hazardous waste

program referenced in today’s document

will result in annual costs of $100

million or more. The EPA’s approval of

state programs generally may reduce,

not increase, compliance costs for the

private sector since the State, by virtue

of the approval, may now administer the

program in lieu of the EPA and exercise

primary enforcement. Hence, owners

and operators of treatment, storage, or

disposal facilities (TSDFs) generally no

longer face dual federal and state

compliance requirements, thereby

reducing overall compliance costs.

Thus, today’s rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

The EPA has determined that this rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that small governments may

own and/or operate TSDFs that will

become subject to the requirements of

an approved state hazardous waste

program. However, such small

governments which own and/or operate

TSDFs are already subject to the

requirements in 40 CFR parts 264, 265,

and 270 and are not subject to any

additional significant or unique

requirements by virtue of this program

approval. Once EPA authorizes a State

to administer its own hazardous waste

program and any revisions to that

program, these same small governments

will be able to own and operate their

TSDFs and underground storage tanks

under the approved State program, in

lieu of the Federal program.

Certification Under the Regulatory

Flexibility Act

The EPA has determined that this

authorization will not have a significant

economic impact on a substantial

number of small entities. The EPA

recognizes that small entities may own

and/or operate TSDFs that will become

subject to the requirements of an

approved state hazardous waste

program. However, since such small

entities which own and/or operate

TSDFs are already subject to the

requirements in 40 CFR parts 264, 265

and 270, this authorization does not

impose any additional burdens on these

small entities. This is because EPA’s

authorization would result in an

administrative change (i.e., whether the

EPA or the state administers the RCRA

subtitle C program in that state), rather

than result in a change in the

substantive requirements imposed on

small entities. Once EPA authorizes a

state to administer its own hazardous

waste program and any revisions to that

program, these same small entities will

be able to own and operate their TSDFs

under the approved state program, in

lieu of the federal program. Moreover,

this authorization, in approving a state

program to operate in lieu of the federal

program, eliminates duplicative

requirements for owners and operators

of TSDFs in that particular state.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provisions

of 5 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’s program,

thereby eliminating duplicative

requirements for handlers of hazardous
47954 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Rules and Regulations

waste in the State. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) of the

Administrative Procedures Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, the EPA submitted a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives and the

Comptroller General of the General

Accounting Office prior to publication

of the rule in today’s Federal Register.

This rule is not a ‘‘major rule’’ as

defined by section 804(2) of the APA as

amended.

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,

and Water supply.

Authority: This notice 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: July 24, 1997.

Lynda F. Carroll,

Acting Regional Administrator.

[FR Doc. 97–24239 Filed 9–11–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7229]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) (FIRMs) in

effect prior to this determination for

each listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Associate Director reconsider the

changes. The modified elevations may

be changed during the 90-day period.

ADDRESSES: The modified base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon new scientific or

technical data.

The modifications are made pursuant

to section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program.

These modified elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR part

10, Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

The Associate Director, Mitigation

Directorate, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are required to maintain community

eligibility in the National Flood

Insurance Program. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This interim rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements. Accordingly, 44 CFR part

65 is amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows: