Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 49163

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rulemaking record which

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

VII. Regulatory Assessment

Requirements

This final rule establishes tolerances

under FFDCA section 408(d) in

response to a petition submitted to the

Agency. The Office of Management and

Budget (OMB) has exempted these types

of actions from review under Executive

Order 12866, entitled Regulatory

Planning and Review (58 FR 51735,

October 4, 1993). This final rule does

not contain any information collections

subject to OMB approval under the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or impose any

enforceable duty or contain any

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104-4). Nor does it require any prior

consultation as specified by Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require OMB review in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997).

In addition, since these tolerances and

exemptions that are established on the

basis of a petition under FFDCA section

408(d), such as the tolerances in this

final rule, do not require the issuance of

a proposed rule, the requirements of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.) do not apply.

Nevertheless, the Agency has previously

assessed whether establishing

tolerances, exemptions from tolerances,

raising tolerance levels or expanding

exemptions might adversely impact

small entities and concluded, as a

generic matter, that there is no adverse

economic impact. The factual basis for

the Agency’s generic certification for

tolerance actions published on May 4,

1981 (46 FR 24950) and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

VIII. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has 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 this rule in today’s Federal Register.

This is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: August 29, 1997.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. By adding § 180.514 to read as

follows:

§ 180.514 Cloransulam-methyl; tolerances

for residues.

(a) General. Tolerances are

established for residues of the herbicide,

cloransulam-methyl, N-(2-

carboxymethyl-6-chlorophenyl)-5-

ethoxy-7-fluoro-(1,2,4)-triazolo[1,5c]-

pyrimidine-2-sulfonamide, plus its acid,

cloransulam, calculated as parent ester

in or on the following raw agricultural

commodities:

Commodity Parts per

million

Soybean, forage ....................... 0.1

Soybean, hay ............................ 0.2

Soybean seed ........................... 0.02

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 97–24939 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 271 and 272

[FRL–5871–3]

Texas:Final Authorization and

Incorporation by Reference of State

Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency (EPA)

ACTION: Immediate final rule.

SUMMARY: Texas has revised its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). The EPA has reviewed

Texas’ changes to its program and has

made a decision, subject to public

review and comment, that Texas’

hazardous waste program revisions

satisfy 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 revisions.

Texas’ program revisions are available

for public review and comment. In

addition, today’s document corrects

technical errors made in the table of

authorities published in the May 24,

1990, April 11, 1994 and April 12, 1994

authorization notices for Texas.

The EPA uses part 272 of Title 40

Code of Federal Regulations (CFR) to

provide notice of the authorization

status of State programs, and to

incorporate by reference those

provisions of the State statutes and

regulations that EPA will enforce under

RCRA Sections 3008, 3013 and 7003.

Thus, EPA intends to codify the Texas

authorized State program in 40 CFR part

272. The purpose of this action is to

incorporate by reference EPA’s approval

of Texas’ base hazardous waste program

and its revisions to that program.

DATES: Final authorization for Texas’

program revisions shall be effective

December 3, 1997 unless EPA publishes

a prior Federal Register action

withdrawing this immediate final rule.

All comments on Texas’ program

revisions must be received by the close

of business November 3, 1997. The

corrections to the May 24, 1990, April

11, 1994, and April 12, 1994

authorization notices go into effect

immediately. The incorporation by

reference of certain Texas statutes and

regulations was approved by the

Director of the Federal Register as of

December 3, 1997 in accordance with 5

U.S.C. 552(a) and 1 CFR part 51.
49164 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

ADDRESSES: Copies of Texas’ program

revisions and materials EPA used in

evaluating the revisions are available

during 8:30 a.m. to 4 p.m. Monday

through Friday at the following

addresses for inspection and copying:

Texas Natural Resource Conservation

Commission, 1700 N. Congress Avenue,

Austin, TX 78711–3087; EPA Region 6

Library, First Interstate Bank Tower at

Fountain Place, 1445 Rose Avenue,

Dallas, Texas 65202, phone (214) 655–

6444. Written comments referring to

Docket Number TX96–1 should be sent

to Alima Patterson, Region 6

Authorization Coordinator, Multi-Media

Planning and Permitting Division,

(6PD–G), EPA Region 6, First Interstate

Bank Tower at Fountain Place, 1445

Ross Avenue, Dallas, Texas 75202, (214)

665–8533.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson, Region 6 Authorization

Coordinator, Multi-Media Planning and

Permitting Division (6PD–G), EPA

Region 6, First Interstate Bank Tower at

Fountain Place, 1445 Ross Avenue,

Dallas, Texas 75202, (214)–665–8533.

SUPPLEMENTARY INFORMATION:

I. Authorization of State Initiated

Changes

A. Background

States with final authorization under

section 3006(b) of 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. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Pub. L. 98–616, November 8, 1984,

hereinafter HSWA) allow States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive interim authorization for the

HSWA requirements under section

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

later apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR parts 124,

260 through 266, 268, 270, 273, and 279.

B. Texas

Texas initially received final

authorization to implement its

hazardous waste program on December

12, 1984, effective December 26, 1984

(49 FR 48300). This authorization was

clarified in a notice published 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); on

March 1, 1990, effective March 15, 1990

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

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

22, 1991, effective October 21, 1991 (56

FR 41626); on October 5, 1992, effective

December 4, 1992 (57 FR 45719); on

April 11, 1994, effective June 27, 1994

(59 FR 16987); and on April 12, 1994,

effective June 27, 1994 (59 FR 17273).

Regarding today’s document, Texas has

made conforming changes to make its

regulations internally consistent relative

to the revisions made for the above

listed authorizations. Texas has also

changed its regulations to make them

more consistent with the Federal

requirements.

The EPA has reviewed these changes

and has made an immediate final

decision, in accordance with 40 CFR

271.21(b)(3), that Texas’ hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Consequently,

EPA intends to grant final authorization

for the additional program

modifications to Texas’ hazardous waste

program. The public may submit written

comments on EPA’s immediate final

decision until November 3, 1997. Copies

of Texas’ program revisions are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this document.

Approval of Texas’ program revision

shall become effective in 75 days unless

an adverse comment pertaining to the

State’s revision discussed in this notice

is received by the end of the comment

period. If an adverse comment is

received EPA will publish either: (1) a

withdrawal of the immediate final

decision or (2) a notice containing a

response to comments which either

affirms that the immediate final

decision takes effect or reverses the

decision.

Texas will be authorized to carry out,

in lieu of the Federal program, the

following State-initiated changes to

provisions of the State’s program, which

are analogous to the indicated RCRA

provisions found at Title 40 CFR.

State requirement Federal requirement

31 Texas Administrative Code (TAC) § 305.63, introductory paragraph, effective October 29,

1990.

40 CFR 270.10(h).

30 TAC § 335.1 definitions of ‘‘Closure’’ and ‘‘Hazardous waste management facility’’, effective

November 23, 1993.

40 CFR 270.2 definitions of ‘‘Closure’’ and

‘‘Hazardous waste management facility’’.

30 TAC § 335.1 definition of ‘‘PCB’s or polychlorinated biphenyl compounds’’, effective November 23, 1993.40 CFR 268.2(e).

30 TAC § 335.10(a)(1), effective November 23, 1993 .................................................................... 40 CFR 262.20(a).

30 TAC § 335.10(a)(3), effective November 23, 1993 .................................................................... 40 CFR 262.21 (a)–(c).

31 TAC § 335.11, effective July 27, 1988 ....................................................................................... 40 CFR 263.20, 263.22.

31 TAC § 335.15(1), effective July 27, 1988 .................................................................................. 40 CFR 264.71(a)(5).

30 TAC § 335.41(e), effective November 23, 1993 ........................................................................ 40 CFR 264.1(g)(1) and 265.1(c)(5).

31 TAC § 335.43(b)(1), effective November 7, 1991 ...................................................................... 40 CFR 270.10(e)(1)(i).

31 TAC § 335.43(b)(2), effective November 7, 1991 ...................................................................... 40 CFR 279.10(e)(1)(ii).

31 TAC § 335.114(a) introductory paragraph, effective July 27, 1988 ........................................... 40 CFR 265.75 introductory paragraph.

31 TAC § 335.114(a) (1)–(6), effective July 27, 1988 .................................................................... 40 CFR 265.75 (a), (b) & (d)–(g).

31 TAC § 335.154(a) (2) & (5), effective July 27, 1988 .................................................................. 40 CFR 264.75 (b) & (g).

In addition to the above listed

changes, EPA is authorizing changes to

the following State provisions. These

provisions do not have a direct analog

in the Federal RCRA regulations.

However, none of these provisions are

considered broader in scope than the

Federal program. This is so because

these provisions were either previously

authorized as part of Texas’ base

authorization or have been added to

make the State’s regulations internally
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 49165

consistent with changes made for the

other authorizations listed in the first

paragraph of this section. The EPA has

reviewed these provisions and has

determined that they are consistent with

and no less stringent than the Federal

requirements. Additionally, this

authorization does not affect the status

of State permits and those permits

issued by EPA because no new

substantive requirements are a part of

these revisions.

State requirement

Texas Solid Waste Disposal Act (TSWDA) § 361.003 (14), (16)–(18), and (25); Texas Health and Safety Code Ann. (THSC) (Vernon’s Supp.

1992), effective September 1, 1991, as amended.

TSWDA § 361.082(f); THSC (Vernon’s Supp. 1992), effective September 1, 1991, as amended.

TSWDA § 361.089 (e)–(g); THSC (Vernon’s Supp. 1992), effective September 1, 1991, as amended.

30 Texas Administrative Code (TAC) § 305.50(4)(E), effective November 23, 1993.

30 TAC § 305.61, effective October 29, 1990.

30 TAC § 335.2 (d)–(f), effective November 23, 1993.

30 TAC § 335.2(j), effective November 23, 1993.

30 TAC § 335.13(f), effective November 23, 1993.

31 TAC § 335.43(e), effective November 7, 1991.

30 TAC § 335.112(b), effective November 23, 1993.

30 TAC § 335.152(b), effective November 23, 1993.

30 TAC § 335.152(c), effective November 23, 1993.

30 TAC § 335.224 (3)(F), (9), (10), and (15), effective November 23, 1993.

31 TAC § 335.225(b), effective July 29, 1992.

30 TAC § 335.226, effective July 29, 1992.

30 TAC Subchapter L (335.361 through 335.367), effective June 21, 1988.

Texas is not authorized to operate the

Federal program on Indian lands. This

authority remains with EPA.

C. Decision

I conclude that Texas’ program

revisions meet all of 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

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.

II. Corrections

A. Corrections to the May 24, 1990 (55

FR 21383) Authorization Notice

There was an error in the table of

authorities published as part of the May

24, 1990 (55 FR 21383) authorization

notice for Texas. Section 335.46 was

erroneously cited on this table as one of

the State’s analogs to the Land Disposal

Restriction Rule (November 7, 1986, 51

FR 40572). Today’s notice corrects this

error by removing Section 335.46 from

the table for that rule.

B. Corrections to April 11, 1994 (59 FR

16987) Authorization Notice

There were numerous typographical

and effective date errors in the table

published as part of the April 11, 1994

(59 FR 16987) authorization notice for

Texas. The affected entries for that table

are shown in the table below. The

corrections have been italicized. In

addition, in the April 11, 1994 notice,

the authorization for Revision Checklist

61 was inadvertently omitted. This has

been added as Entry 41.

Federal citation State analog

1. California List Waste Land Disposal Restrictions, July 8, 1987 (52 FR 25760), as amended on October 27, 1987 (52 FR 41295).

(Checklists 39 and 39.1).

Texas Solid Waste Disposal Act (TSWDA) §§ 361.017 and 361.024; Texas Health and Safety

Code Ann. (THSC) (Vernon’s Supp. 1991), effective June 7, 1991, as amended; 31 Texas

Administrative Code (TAC) § 305.51(c), effective July 29, 1992; 30 TAC § 335.2(j),

§ 335.112(a)(1), § 335.152(a)(1), and § 335.431(c), all effective November 23, 1993; and 31

TAC § 335.77, effective July 14, 1987.

2. Exception Reporting for Small Quantity Generators of Hazardous Waste, September 23,

1987 (52 FR 35894). (Checklist 42).

TSWDA §§ 361.017, and 361.024; THSC (Vernon’s Supp. 1991), effective June 7, 1991, as

amended; 30 TAC § 335.13(c), (d) and (g), effective November 23, 1993 as amended; and

30 TAC § 335.74, effective November 23, 1993.

5. HSWA Codification Rule 2; Corrective Action

for Injection Wells, December 1, 1987 (52 FR

45788). (Checklist 44C).

TSWDA §§ 361.017, and 361.024, THSC (Vernon’s Supp. 1991), effective June 7, 1991, as

amended; and 30 TAC § 331.121(f), and § 331.121(e)(1)–(3), both effective November 23,

1993.

10. Technical Correction to Checklist 23, Small

Quantity Generators, July 19, 1988 (53 FR

27162). (Checklist 47).

TSWDA §§ 361.017, and 361.024, THSC (Vernon’s Supp. 1991), effective June 7, 1991, as

amended; and 31 TAC § 335.78(e) and § 335.78(f)(2), both effective February 1, 1989, as

amended.

21. Land Disposal Restrictions for Third Scheduled Wastes, June 1, 1990 (55 FR 22520)

(Checklists 78H and 78N).

TSWDA §§ 361.017 and 361.024, THSC (Vernon’s Supp. 1991), effective June 7, 1991, as

amended; and 30 TAC § 305.69(i) Appendix I.B.1.b., § 335.1, § 335.29, § 335.69(a)(4),

§ 335.111(c), § 335.112(a)(1) and (a)(10)–(a)(13), § 335.152(a)(9)–(a)(12), § 335.431(c) and

§ 335.504(2), all effective November 23, 1993.
49166 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

Federal citation State analog

26. Permit Modifications for Hazardous Waste

Management Facilities, September 28, 1988

(53 FR 37912), as amended on October 24,

1988 (53 FR 41649. (Checklists 54 and 54.1).

TSWDA §§ 361.017, and 361.024; THSC (Vernon 1990), effective September 1, 1989, as

amended; TWC §§ 5.103, 5.105, and 26.011 (Vernon 1990), effective September 1, 1985,

as amended; Texas Open Records Act, TEX. REV. CIV. STAT. ANN. art.6252–17a (Vernon

1990); 31 TAC § 305.66, effective November 7, 1991; 31 TAC § 305.62(a), effective October

29, 1990; 31 TAC § 335.112(a)(6), § 335.152(a)(3) and (a)(5), all effective December 13,

1991, as amended; 31 TAC § 305.64(a) and (g), and § 305.144, § 305.62(d)(3),

§ 305.62(e)(2)(C)(iv)–(e)(2)(C)(xi), all effective October 29, 1990; 31 TAC § 305.62(e), effective July 17, 1989; 31 TAC 305.100, effective October 8, 1990; 31 TAC § 305.102,

§ 305.171, § 305.172(10), all effective October 29, 1990; 31 TAC § 305.69(a),

§ 305.69(a)(1)(A)–(a)(1)(C), § 305.69(a)(2) and (a)(3), § 305.69(b) and (b)(1),

§ 305.69(b)(1)(A)–(b)(1)(D), § 305.69(b)(2), § 305.69(b)(2)(A)–(b)(2)(G), § 305.69(b)(3)–(b)(6),

§ 305.69(b)(6)(A)–(b)(6)(C), § 305.69 (b)(6)(C)(i) and (b)(6)(C)(ii), § 305.69 (b)(6)(D) and

(b)(6)(E), § 305.69(b)(7), § 305.69(b)(7)(A)–(b)(7)(C), § 305.69 (b)(7)(C)(i) and (b)(7)(C)(ii),

§ 305.69(b)(7)(D), § 305.69(b)(8) and (b)(9), § 305.69(b)(9)(A) and (b)(9)(B), § 305.69(b)(10)–

(b)(14), § 305.69(b)(14)(A)–(b)(14)(C), § 305.69(b)(15), § 305.69(c), § 305.69(c)(1),

§ 305.69(c)(1)(A)–(c)(1)(D), § 305.69(c)(2), § 305.69(c)(2)(A)–(c)(2)(F), § 305.69(c)(3)–

(c)(6),§ 305.69(d), § 305.69(d)(1) and (d)(2), § 305.69(d)(2)(A), § 305.69(d)(2)(B)(i) and

(d)(2)(B)(ii), § 305.69(d)(2)(C), § 305.69(e), § 305.69(e)(1) and (e)(2), § 305.69(e)(2)(A) and

(e)(2)(B), § 305.69(e)(3), § 305.69(e)(3)(A)–(e)(3)(C), § 305.69(e)(4) and (e)(5),

§ 305.69(e)(5)(A) and (e)(5)(B), § 305.69(e)(5)(B)(i)–(e)(5)(B)(v), § 305.69(e)(6),

§ 305.69(e)(6)(A) and (e)(6)(B), § 305.69(f), § 305.69(f)(1) and (f)(2), § 305.69(g),

§ 305.69(g)(1), § 305.69(g)(1)(A)–(g)(1)(E), § 305.69(g)(2), and § 305.180(1)–(3), all effective

October 29, 1990.

30. Hazardous Waste Miscellaneous Units;

Standards Applicable to Owners and Operators, January 9, 1989 (54 FR 615). (Checklist

59).

TSWDA §§ 361.003, 361.024, 361.088; THSC (Vernon 1990), effective September 1, 1989, as

amended; TWC §§ 5.103, 5.105, and 26.011 (Vernon 1990), effective September 1, 1985,

as amended; and 30 TAC § 305.50(4), effective July 29, 1992, as amended.

31. Amendment to Requirements for Hazardous

Waste Incinerator Permits, January 30, 1989

(54 FR 4286), (Checklist 60).

TSWDA §§ 361.003, 361.024, 361.088; THSC (Vernon 1990), effective September 1, 1989, as

amended; TWC §§ 5.103, 5.105 and 26.011 (Vernon 1990), effective September 1, 1985, as

amended; and 31 TAC § 305.174, effective October 29, 1990.

35. Changes to Part 124 Not Accounted for by

Present Checklists, June 30, 1983 (48 FR

30113); April 1, 1983 (48 FR 14146); July 26,

1988 (53 FR 28118); September 26, 1988

(53 FR 37396); and January 4, 1989 (54 FR

246). (Checklist 70).

TSWDA §§ 361.017, 361.024, 361.032, 361.066, and 361.068; THSC Chapter 361 (Vernon’s

Supp. 1992), effective September 1, 1989, as amended; TWC §§ 5.103, 5.105, 26.011, and

27.019 (Vernon 1992), effective September 1, 1985, as amended; 31 TAC 281.22, effective

July 14, 1987; 31 TAC §§ 305.42, 305.44, 305.62, 305.102, 305.103, and 305.105, 305.127

(1)(B), (2) and (3), and 305.144, all effective October 29, 1990; 31 TAC 305.66, effective

November 7, 1991; 31 TAC §§ 305.100, 305.101, 305.121, 305.122(a), 305.125, and

305.128, all effective October 8, 1990; 31 TAC §§ 305.123, 305.124, 305.141, 305.142,

305.143, and 305.146, all effective June 19, 1986; and 31 TAC 305.145, effective April 8,

1987.

41. Changes to Interim Status Facilities for Hazardous Waste Management Permits; Modification of Hazardous Waste Management

Permits; Procedures for Post-Closure Permitting, March 7, 1989 (54 FR 9596), (Checklist

61).

TSWDA §§ 361.017, 361.024, 361.088; THSC (Vernon 1990), effective September 1, 1989, as

amended; TWC §§ 5.103, 5.105 and 26.011 (Vernon 1990), effective September 1, 1985, as

amended; 31 TAC 305.69(h), effective October 29, 1990.

C. Corrections to the April 12, 1994 (59

FR 17273) Authorization Notice

There were numerous typographical

and effective date errors in the tables

published as part of the April 12, 1994

(59 FR 17273) authorization notice for

Texas. The affected entries for that table

are shown in the table below. The

corrections have been italicized.

Federal citation State analog

1. Petroleum Refinery Primary and Secondary

Oil/Water/Solids Separation Sludge Listing

(F037 and F038), November 2, 1990 (55 FR

46354), as amended on December 17, 1990

(55 FR 51707). (Checklists 81 and 81.1).

Texas Solid Waste Disposal Act (TSWDA), Chapter 361, § 361.003(15), § 361.017 and

§ 361.024; Texas Health and Safety Code (THSC) Ann. (Vernon Pamphlet 1992), effective

September 1, 1991, as amended; Title 31 Texas Administrative Code (TAC) Chapter 335,

§ 335.1, effective March 31, 1992, as amended; and Title 30 TAC § 335.29, effective November 23, 1993.

2. Wood Preserving Listings, December 6, 1990

(55 FR 50450). (Checklist 82).

TSWDA Chapter 361, § 361.003(15), § 361.017 and § 361.024; THSC Ann. (Vernon Pamphlet

1992), effective September 1, 1991, as amended; Title 30 TAC, Chapter 305,

§ 305.50(4)(A), effective November 23, 1993; Title 31 TAC Chapter 335, § 335.1, effective

March 31, 1992, as amended; Title 30 TAC Chapter 335, § 335.29, effective November 23,

1993; Title 31 TAC Chapter 335, § 335.1 and 335.29, both effective September 30, 1992, as

amended; and Title 30 TAC Chapter 335, § 335.1, § 335.69(a)(1)(C), § 335.112(a)(9),

§ 335.112(a)(18), § 335.152(a)(8), and § 335.152(a)(14) all effective November 23, 1993.
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 49167

Federal citation State analog

3. Land Disposal Restrictions for Third Third

Scheduled Wastes; Technical Amendments,

January 31, 1991 (56 FR 3864). (Checklist

83)..

TSWDA, Chapter 361, § 361.003(15), § 361.017 and § 361.024; THSC Ann. (Vernon Pamphlet

1992), effective September 1, 1991, as amended; Title 31 TAC, Chapter 335, § 335.1, effective March 31, 1992, as amended; Title 31 TAC Chapter 335, § 335.1, effective January 31,

1992 as amended; Title 30 TAC Chapter 335, § 335.29, effective November 23, 1993; Title

30 TAC Chapter 335, § 335.504(2) and § 335.69(f)(4), both effective November 23, 1993;

Title 31 TAC Chapter 335, § 335.152(a)(9)–(a)(12), § 335.112(a)(1), and § 335.112(a)(10)–

(a)(13), all effective March 31, 1992, as amended; Title 30 TAC Chapter 335, § 335.431,

and § 335.431(c), both effective November 23, 1993.

4. Burning of Hazardous Waste in Boilers and

Industrial Furnaces, February 21, 1991 (56

FR 7134). (Checklist 85).

TSWDA Chapter 361, § 361.003(15), § 361.017, and § 361.024; THSC Ann. (Vernon Pamphlet

1992), effective September 1, 1991, as amended; Title 31 TAC, Chapter 335, § 335.1, effective March 31, 1992 as amended; Title 30 TAC Chapter 335, § 335.29, effective November

23,1993; Title 31 TAC, Chapter 335, § 335.221(a)(23), effective July 14, 1992, as amended;

Title 31 TAC, Chapter 335, § 335.1, effective August 22, 1991, as amended; Title 31 TAC,

Chapter 305, § 305.50(4), § 305.50(13), § 305.69(h), § 305.571, § 305.572, § 305.573,

§ 305.51(a)(5), § 305.51(c)(7), all effective July 29, 1992, as amended; Title 31 TAC Chapter

335, § 335.2(c), effective November 7, 1991; Title 31 TAC § 335.1, effective January 31,

1992, as amended; Title 30 TAC § 335.2(k), effective November 23, 1993; Title 31 TAC

§ 335.6 and § 335.6(i)(1)–(i)(3), § 335.24(c), § 335.152(a)(5), § 335.152(a)(13),

§ 335.112(a)(6), § 335.221(a), (a)(1)–(a)(23), § 335.221(b), § 335.222(a)–(c), § 335.223(a),

(a)(1)–(a)(8), § 335.223(b), § 335.224 introductory paragraph, § 335.224(1)–(2),

§ 335.224(3)(A)–(3)(E), § 335.224(4), § 335.224(5)(A)–(5)(J), § 335.224(6)–(8),

§ 335.224(11)–(14), and § 335.225(a), all effective July 29, 1992, as amended; and Title 30

TAC Chapter 335, § 335.112(a)(14), effective November 23, 1993.

5. Removal of Strontium Sulfide from the List of

Hazardous Wastes; Technical Amendment,

February 25, 1991 (55 FR 7567). (Checklist

86).

TSWDA, Chapter 361, § 361.003(15), § 361.017 and § 361.024; THSC Ann., (Vernon Pamphlet 1992), effective September 1, 1991, as amended; Title 31 TAC, Chapter 335, § 335.1,

effective March 31, 1992, as amended; and Title 30 TAC Chapter 335, § 335.29, effective

November 23, 1993.

6. Organic Air Emission Standards for Process

Vents and Equipment Leaks; Technical

Amendment, April 26, 1991 (56 FR 19290).

(Checklist 87).

TSWDA, Chapter 361, § 361.003(15); THSC Ann., (Vernon Pamphlet 1992), effective September 1, 1991, as amended; Title 31 TAC, Chapter 335, § 335.152(a)(1), § 335.152(a)(4),

§ 335.152(a)(16), and § 335.152(a)(17), all effective August 31, 1992, as amended; Title 31

TAC Chapter 335, § 335.112(a)(1), § 335.112(a)(4), § 335.112(a)(19), and § 335.112(a)(20),

all effective August 31, 1992, as amended; Title 30 TAC Chapter 305, § 305.50(4)(A), effective July 29, 1992, as amended.

7. Mining Waste Exclusion III June 13, 1991 (56

FR 27300). (Checklist 90).

TSWDA, Chapter 361, § 361.003(15), § 361.017, and § 361.024; THSC Ann., (Vernon Pamphlet 1992), effective September 1, 1991, as amended; Title 31 TAC, Chapter 335, § 335.1,

effective March 31, 1992, as amended; and Title 30 TAC Chapter 335, § 335.29, effective

November 23, 1993.

III. Incorporation by Reference

A. Background

EPA provides both notice of its

approval of State programs in 40 CFR

part 272 and incorporates by reference

therein the State statutes and

regulations that EPA will enforce under

Sections 3008, 3013 and 7003 of RCRA.

This effort will provide clearer notice to

the public of the scope of the authorized

program in Texas. Such notice is

particularly important in light of the

Hazardous and Solid Waste Act

Amendments of 1984 (HSWA), Public

Law 98–616. Revisions to State

hazardous waste programs are necessary

when Federal statutory or regulatory

authority is modified. Because HSWA

extensively amended RCRA, State

programs must be modified to reflect

those amendments. By incorporating by

reference the authorized Texas program

and by amending the Code of Federal

Regulations whenever a new or different

set of requirements is authorized in

Texas, the status of Federally approved

requirements of the Texas program will

be readily discernible.

The Agency will only enforce those

provisions of the Texas hazardous waste

management program for which

authorization approval has been granted

by EPA. This document incorporates by

reference provisions of State hazardous

waste statutes and regulations and

clarifies which of these provisions are

included in the authorized and

Federally enforceable program.

Concerning HSWA, some State

requirements may be similar to HSWA

requirements that are in effect under

Federal statutory authority in that State.

However, a State’s HSWA-type

requirements are not authorized and

will not be codified into the CFR until

the Regional Administrator publishes

his final decision to authorize the State

for specific HSWA requirements. Until

such time, EPA will enforce the HSWA

requirements and not the State

analogues.

B. Texas Authorized Hazardous Waste

Program

To incorporate by reference the Texas

authorized hazardous waste program,

EPA intends to add subpart SS to 40

CFR part 272. The State statutes and

regulations are incorporated by

reference at 40 CFR 272.2201(b)(1) and

the Memorandum of Agreement, the

Attorney General’s Statement and the

Program Description are referenced at

40 CFR 272.2201(b)(6), (b)(7) and (b)(8),

respectively. The Agency retains the authority

under Sections 3007, 3008, 3013 and

7003 of RCRA to undertake enforcement

actions in authorized States. With

respect to such an enforcement action,

the Agency will rely on Federal

sanctions, Federal inspection

authorities, and the Federal

Administrative Procedure Act rather

than the authorized State analogues to

these requirements. Therefore, the

Agency does not intend to incorporate

by reference for purposes of

enforcement such particular, authorized

Texas enforcement authorities. Section

272.2201(b)(2) of 40 CFR lists those

authorized Texas authorities that are

part of the authorized program but are

not incorporated by reference.

The public also needs to be aware that

some provisions of the State’s hazardous

waste management program are not part

of the Federally authorized State

program. These nonauthorized

provisions include:

(1) Provisions that are not part of the

RCRA subtitle C program because they
49168 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

are ‘‘broader in scope’’ than RCRA

subtitle C (see 40 CFR 271.1(i));

(2) Federal rules for which Texas is

not authorized, but which have been

incorporated into the State regulations

because of the way the State adopted

Federal regulations by reference;

(3) Unauthorized amendments to

State provisions previously reviewed

and approved by EPA.

State provisions which are ‘‘broader

in scope’’ than the Federal program are

not incorporated by reference for

purposes of enforcement in 40 CFR part

272. Section 272.2201(b)(3) of 40 CFR

lists for reference and clarity the Texas

statutory and regulatory provisions

which are ‘‘broader in scope’’ than the

Federal program and which are not,

therefore, part of the authorized

program being incorporated by

reference. ‘‘Broader in scope’’

provisions will not be enforced by EPA;

the State, however, will continue to

enforce such provisions.

At 335.112(a) and 335.152(a), Title 30

of the Texas Administrative Code

(TAC), as amended through November

23, 1993, Texas has adopted by

reference the Code of Federal

Regulations through June 1, 1990.

However, the State is not authorized for

the Federal rule addressing liability

coverage published on September 1,

1988 (53 FR 33938). In addition, Texas’

hazardous waste regulations include

State amendments which have not been

approved by EPA. Since EPA cannot

enforce a State’s requirements which

have not been reviewed and approved

according to the Agency’s authorization

standards, it is important that EPA

clarify any limitations on the scope of

a State’s approved hazardous waste

program. Thus, in those instances where

a State’s method of adopting Federal

law by reference has the effect of

including unauthorized requirements,

or where a State has made unauthorized

amendments to previously authorized

sections of State code, EPA will provide

this clarification by: (1) incorporating by

reference the relevant State legal

authorities according to the

requirements of the Office of Federal

Register; and (2) subsequently

identifying in 272.2201(b)(4) and

272.2201(b)(5) any requirements which

while adopted and incorporated by

reference, are not authorized by EPA,

and therefore are not Federally

enforceable. Thus, notwithstanding the

language in the Texas hazardous waste

regulations incorporated by reference at

272.2201(b)(1), EPA would only enforce

the State provisions that are actually

authorized by EPA. For the convenience

of the regulated community, the actual

State regulatory text authorized by EPA

for the citations listed at 272.2201(b)(5)

are compiled as a separate document,

Addendum to the EPA-Approved Texas

Regulatory and Statutory Requirements

Applicable to the Hazardous Waste

Management Program, December 1996.

This document is available from the

Grants and Authorization Section, 6PD–

G, Multimedia Planning and Permitting

Division, EPA Region 6, First Interstate

Tower at Fountain Place, 1445 Ross

Avenue, Suite 1200, Dallas, Texas

75202. Regarding HSWA requirements

for which the State has not yet been

authorized, EPA will continue to

enforce the Federal HSWA standards

until the State receives specific HSWA

authorization from EPA.

C. HSWA Provisions

As noted above, the Agency is not

amending 40 CFR part 272 to include

HSWA requirements and prohibitions

that are immediately effective in Texas

and other States. Section 3006(g) of

RCRA provides that any requirement or

prohibition of HSWA (including

implementing regulations) takes effect

in authorized States at the same time

that it takes effect in non-authorized

States. Thus, EPA has immediate

authority to implement a HSWA

requirement or prohibition once it is

effective. A HSWA requirement or

prohibition supercedes any less

stringent or inconsistent State provision

which may have been previously

authorized by EPA (50 FR 28702, July

15, 1985).

Because of the vast number of HSWA

statutory and regulatory requirements

taking effect over the next few years,

EPA expects that many previously

authorized and incorporated by

reference State provisions will be

affected. The States are required to

revise their programs to adopt the

HSWA requirements and prohibitions

by the deadlines set forth in 40 CFR

271.21, and then to seek authorization

for those revisions pursuant to 40 CFR

part 271. The EPA expects that the

States will be modifying their programs

substantially and repeatedly. Instead of

amending the 40 CFR part 272 every

time a new HSWA provision takes effect

under the authority of RCRA section

3006(g), EPA will wait until the State

receives authorization for its analog to

the new HSWA provision before

amending the State’s 40 CFR part 272

incorporation by reference. In the

interim, persons wanting to know

whether a HSWA requirement or

prohibition is in effect should refer to 40

CFR 271.1(j), as amended, which lists

each such provision.

The incorporation by reference of

State authorized programs in the CFR

should substantially enhance the

public’s ability to discern the current

status of the authorized State program

and clarify the extent of Federal

enforcement authority. This will be

particularly true as more State program

revisions to adopt HSWA provisions are

authorized.

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

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under sections 202 and

205 of the UMRA, EPA generally must

prepare a written statement of economic

and regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, 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.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because it merely makes federally

enforceable existing requirements with

which regulated entities must already

comply under State law. Second, the

Act also generally excludes from the

definition of a ‘‘Federal mandate’’ duties

that arise from participation in a

voluntary Federal program. The

requirements being authorized and

codified today are the result of Texas’

voluntary participation in accordance

with RCRA Subtitle C.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector because today’s action

merely codifies an existing State

program that EPA previously

authorized. Thus, today’s rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, section 203 of UMRA

requires EPA to develop a small
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 49169

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may be hazardous waste

generators, transporters, or own and/or

operate treatment, storage, or disposal

facilities (TSDFs), this codification

incorporates into the CFR Texas’

requirements which have already been

authorized by EPA under 40 CFR part

271 and, thus, small governments are

not subject to any additional significant

or unique requirements by virtue of this

authorization and codification.

Certification Under the Regulatory

Flexibility Act

The EPA has determined that this

authorization and codification will not

have a significant economic impact on

a substantial number of small entities.

Such small entities which are hazardous

waste generators, transporters, or which

own and/or operate TSDFs are already

subject to the State requirements

authorized by EPA under 40 CFR part

271. The EPA’s authorization and

codification does not impose any

additional burdens on these small

entities. This is because EPA’s

codification would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 U.S.C. 605(b), I hereby certify that

this codification will not have a

significant economic impact on a

substantial number of small entities.

This codification incorporates Texas’

requirements which have been

authorized by EPA under 40 CFR part

271 into the Code of Federal

Regulations. 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 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, 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 5

U.S.C. 804(2).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., Federal agencies

must consider the paperwork burden

imposed by any information request

contained in a proposed rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

List of Subjects in 40 CFR Part 272

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste transportation,

Hazardous waste, Indian lands,

Incorporation by reference,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This rule is issued under the

authority of Sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

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

Dated: July 21, 1997.

W.B. Hathaway,

Acting Regional Administrator.

40 CFR part 272 is amended as

follows:

PART 272—APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS

1. The authority citation for part 272

continues to read as follows:

Authority: Secs. 2002(a), 3006, and 7004(b)

of the Solid Waste Disposal Act, as amended

by the Resource Conservation and Recovery

Act of 1976, as amended, 42 U.S.C. 6912(a),

6926, and 6974(b).

2. Subpart SS is amended by adding

§ 272.2201 to read as follows:

§ 272.2201 Texas State-Administered

Program: Final Authorization.

(a) Pursuant to section 3006(b) of

RCRA, 42 U.S.C. 6926(b), Texas has

final authorization for the following

elements as submitted to EPA in Texas’

base program application for final

authorizations which was approved by

EPA effective on December 26, 1984.

Subsequent program revision

applications were approved effective on

October 4, 1985, February 17, 1987,

March 15, 1990, July 23, 1990, October

21, 1991, December 4, 1992, June 27,

1994 and December 3, 1997.

(b) State Statutes and Regulations. (1)

The Texas statutes and regulations cited

in this paragraph are incorporated by

reference as part of the hazardous waste

management program under Subtitle C

of RCRA, 42 U.S.C. 6921 et seq.

(i) EPA Approved Texas Statutory

Requirements Applicable to the

Hazardous Waste Management Program,

December 1996.

(ii) EPA Approved Texas Regulatory

Requirements Applicable to the

Hazardous Waste Management Program,

December 1996.

(2) The following statutes and

regulations concerning State

enforcement, although not incorporated

by reference, are part of the authorized

State program:

(i) The Texas Solid Waste Disposal

Act, Texas Health and Safety Code

(THSC) Annotated, (Vernon, 1992),

effective September 1, 1991: Chapter

361, sections 361.002, 361.016 through

361.018, 361.024, 361.032, 361.033,

361.036, 361.037(a), 361.061, 361.063,

361.064, 361.066(b), 361.067 through

361.076, 361.078, 361.079, 361.080(a),

361.082(b), 361.082(c) (first sentence

only), 361.082(e), 361.083, 361.084

(except the phrase ‘‘, or evidence of

* * * waste management’’), 361.085

(c)–(j), 361.088 (a)–(c), 361.089, 361.090,

361.095 (b)–(f), 361.096, 361.097,

361.098(a) (except the phrase ‘‘Except as

provided in Subsections (b) and (c),’’),

361.099(a), 361.100, 361.101, 361.102(a)

(except the phrases ‘‘Except as provided

by Subsections (b) and (c)’’ and ‘‘and the

Texas Air Control Board’’), 361.103

through 361.108, 361.109(a), 361.221

(except 361.221 (c) & (e)), 361.222

(except 361.222 (d)–(u)), 361.223 (a)–(c),

361.224 (a) & (b), 361.225 through

361.229, 361.301, 361.303, 361.321 (a) &

(b), 361.321(c) (except the phrase

‘‘Except as provided by Section

361.222(a)’’), 361.321(d), 361.321(e)

(except the phrase ‘‘Except as provided

by Section 361.222(e)’’).

(ii) Texas Water Code (TWC), Texas

Codes Annotated (Vernon, 1992),

effective September 1, 1985, as

amended: Chapter 5, sections 5.103,

5.104, 5.105; Chapter 26, section 26.011;

and Chapter 27, section 27.019.

(iii) Texas Administrative Code

(TAC), Title 30, Environmental Quality,

1994, as amended, effective through

January 1, 1994: Chapter 281, sections

281.1, 281.2 (except 281.2(10)), 281.3 (a)

& (b), 281.5, 281.17 (d)–(f), 281.18(a),

281.19, 281.20, 281.21 (a)–(d), 281.22

through 281.24; Chapter 305, sections

305.29 (b) & (c), 305.64 (d) & (f),

305.66(c), 305.66 (e)–(l), 305.91 through

305.95, 305.97 through 305.103,

305.105, 305.123, 305.125 (1) & (3),

305.125(20), 305.127(1)(B)(i), 305.127(4)

(A) & (C), 305.127(6), 305.401 (a) & (b),

305.401 (d)–(h); and Chapter 335,
49170 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations

sections 335.2(b), 335.206, 335.391

through 335.393.

(3) The following statutory and

regulatory provisions are broader in

scope than the Federal program, are not

part of the authorized program, and are

not incorporated by reference:

(i) The Texas Solid Waste Disposal

Act, Texas Health and Safety Code

(THSC) Annotated, (Vernon, 1992),

effective September 1, 1991: Chapter

361, sections 361.131 through 361.140.

(ii) Texas Administrative Code (TAC),

Title 30, Environmental Quality, 1994,

as amended, effective through January 1,

1994: Chapter 305, sections 305.27,

305.53, 305.64(b)(4); and Chapter 335,

sections 335.321 through 335.332

Appendices I and II.

(4) Unauthorized State Provisions:

The State’s adoption of the Federal rule

addressing liability coverage (September

1, 1988), while adopted at 335.112(a)

and 335.152(a) and incorporated by

reference at § 272.2201(b)(1), is not

approved by EPA and is, therefore, not

enforceable.

(5) Unauthorized State Amendments.

The following authorized provisions of

the State regulations include

amendments published in the Texas

Register that are not approved by EPA.

Such unauthorized amendments are not

part of the State’s authorized program

and are, therefore, not Federally

enforceable. Thus, notwithstanding the

language in the Texas hazardous waste

regulations incorporated by reference at

§ 272.2201(b)(1), EPA will only enforce

the authorized State provisions with the

effective dates indicated in the table

below. The actual State regulatory text

authorized by EPA for the listed

provisions are available as a separate

document, Addendum to the EPAApproved Texas Regulatory and

Statutory Requirements Applicable to

the Hazardous Waste Management

Program, December 1996. Copies of the

document can be obtained from U.S.

EPA Region 6, Grants and Authorization

Section, RCRA Programs Branch, U.S.

EPA Region 6, First Interstate Bank

Tower at Fountain Place, 1445 Ross

Avenue, Suite 1200, Dallas, TX 75202.

State provision Effective date of authorized provision

Unauthorized state amendments

Texas register

reference Effective date

335.2(c) ................................................................................................ Nov. 7, 1991 .............. 18 TexReg 2799 ....... 05/12/93

18 TexReg 8218 ....... 11/23/93

335.6(a) ................................................................................................ July 29, 1992 ............. 18 TexReg 2799 ....... 5/12/93

335.6(c) introductory paragraph ........................................................... July 29, 1992 ............. 17 TexReg 8010 ....... 11/27/92

335.6(g) ................................................................................................ July 29, 1992 ............. 18 TexReg 3814 ....... 6/28/93

335.10(b)(22) ........................................................................................ July 27, 1988 ............. 17 TexReg 8010 ....... 11/27/92

335.41(c) .............................................................................................. May 28, 1986 ............ 18 TexReg 8218 ....... 11/23/93

335.43(b) introductory paragraph ......................................................... July 14, 1987 ............. 17 TexReg 6065 ....... 11/7/91

335.45(b) .............................................................................................. Sept. 1, 1986 ............. 17 TexReg 5017 ....... 7/29/92

335.111(a) ............................................................................................ July 14, 1987 ............. 18 TexReg 8218 ....... 11/23/93

335.204(a)(1) ........................................................................................ May 28, 1986 ............ 16 TexReg 6065 ....... 11/7/91

335.204(b)(1) ........................................................................................ May 28, 1986 ............ 16 TexReg 6065 ....... 11/7/91

335.204(b)(6) ........................................................................................ May 28, 1986 ............ 16 TexReg 6065 ....... 11/7/91

335.204(c)(1) ........................................................................................ May 28, 1986 ............ 16 TexReg 6065 ....... 11/7/91

335.204(d)(1) ........................................................................................ May 28, 1986 ............ 16 TexReg 6065 ....... 11/7/91

335.204(e)(6) ........................................................................................ May 28, 1986 ............ 16 TexReg 6065 ....... 11/7/91

(6) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region VI and the Texas Natural

Resources Conservation Commission

(TNRCC) signed by the EPA Regional

Administrator on September 24, 1992, is

referenced as part of the authorized

hazardous waste management program

under Subtitle C of RCRA, 42 U.S.C.

6921 et seq.

(7) Statement of Legal Authority.

‘‘Attorney General’s Statement for Final

Authorization’’, signed by the Attorney

General of Texas on May 22, 1984 and

revisions, supplements and addenda to

that Statement dated November 21,

1986, July 21, 1988, December 4, 1989,

April 11, 1990, July 31, 1991, February

25, 1992, November 30, 1992, March 8,

1993, and January 7, 1994 are referenced

as part of the authorized hazardous

waste management program under

Subtitle C of RCRA, 42 U.S.C. 6921 et

seq.

(8) Program Description. The Program

Description and any other materials

submitted as part of the original

application or as supplements thereto

are referenced as part of the authorized

hazardous waste management program

under Subtitle C of RCRA, 42 U.S.C.

6921 et seq.

3. Appendix A to Part 272 is amended

by adding in alphabetical order,

‘‘Texas’’ and its listing to read as

follows:

Appendix A to Part 272—State

Requirements

* * * * *

Texas

The statutory provisions include:

The Texas Solid Waste Disposal Act,

Texas Health and Safety Code (THSC)

Annotated, (Vernon, 1992), effective

September 1, 1991: Chapter 361,

sections 361.001, 361.003 (except

361.003(4), (5), (22), (30), (38), and (44)),

361.066(a), 361.077, 361.082(a),

361.082(f), 361.086, 361.087, 361.093,

361.094, 361.095(a), 361.099(b), and

361.110.

Copies of the Texas statutes that are

incorporated by reference are available

from West Publishing Company, 610

Opperman Drive, P. O. Box 64526, St.

Paul, Minnesota 55164–0526.

The regulatory provisions include:

Texas Administrative Code (TAC),

Title 30, Environmental Quality, 1994,

as amended, effective through January 1,

1994: Chapter 281, section 281.3(c);

Chapter 305, 305.1(a), 305.2 (except the

definitions for ‘‘by-pass’’, ‘‘Class I

sludge management facility’’,

‘‘component’’, ‘‘continuous discharge’’,

‘‘CWA’’, ‘‘daily average concentration’’,

‘‘daily average flow’’, ‘‘direct

discharge’’, ‘‘discharge monitoring

report’’, ‘‘effluent limitation’’,

‘‘Environmental Protection Agency’’,

‘‘facility mailing list’’, ‘‘functionally

equivalent component’’, ‘‘indirect

discharger’’, ‘‘injection well permit’’,

‘‘National Pollution Discharge

Elimination System’’, ‘‘new discharger’’,

‘‘new source’’, ‘‘outfall’’, ‘‘primary

industry category’’, ‘‘process

wastewater’’, ‘‘publicly owned

treatment works’’, ‘‘recommencing

discharger’’, ‘‘regional administrator’’,

‘‘schedule of compliance’’, ‘‘severe

property damage’’, ‘‘sewage sludge’’,
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Rules and Regulations 49171

‘‘Texas pollution discharge elimination

system’’, ‘‘toxic pollutant’’, ‘‘treatment

works treating domestic sewage’’,

‘‘variance’’, and ‘‘wetlands’’), 305.29 (a)

& (d), 305.41, 305.42, 305.43(b), 305.44,

305.45, 305.47, 305.50(1), 305.50(2)

(except the last two sentences), 305.50

(3)–(8), 305.50 (13) & (14), 305.51,

305.61, 305.62, 305.63 (except the last

sentence of 305.63(3) and 306.63(7)),

305.64(a), 305.64(b) (except 305.64(b)

(4) & (5)), 305.64(c), 305.64(e), 305.64(g),

305.66(a) (except 305.66(a) (7) & (8)),

305.66(d), 305.67, 305.69, 305.121,

305.122 (b) & (c), 305.124, 305.125

(except 305.125 (1), (3), and (20)),

305.127 introductory paragraph,

305.127(1)(B)(iii), 305.127(1) (E) & (F),

305.127 (2) & (3), 305.127(4)(B),

305.127(5)(C), 305.128, 305.141 through

305.145, 305.146 introductory

paragraph, 305.146(1), 305.171 through

305.174, 305.181 through 305.184,

305.191 through 305.194, 305.401(c),

305.571 through 305.573; Chapter 335,

sections 335.1 (except the definitions for

‘‘activities associated with the

exploration, development, and

protection of oil or gas, or geothermal

resources’’, ‘‘class 1 wastes’’, ‘‘class 2

wastes’’, ‘‘class 3 wastes’’,

‘‘contaminant’’, ‘‘contaminated

medium/media’’, ‘‘control’’,

‘‘decontaminate’’, ‘‘essentially

insoluable’’, ‘‘hazardous industrial

waste’’, ‘‘hazardous substance’’,

‘‘industrial solid waste’’, ‘‘remediation’’,

‘‘remove’’, ‘‘shipment’’, ‘‘spill’’, and

‘‘treatment’’), 335.2(a), 335.2 (c)–(g),

335.2 (i)–(k), 335.4, 335.5, 335.6 (except

the last sentence of 335.6(d)), 335.7,

335.8(a) (3) & (4), 335.10(a) (except

335.10(a) (2) & (5)), 335.10(b), 335.10(c)

(except ‘‘the United States customs

official,’’), 335.10 (d)–(f), 335.11, 335.12

(except 335.12(a)(5)), 335.13(a) (except

for ‘‘or until the generator * * * by the

initial transporter’’), 335.13 (c)–(g),

335.14, 335.15 introductory paragraph,

335.15(1), 335.17 through 335.23,

335.24 (a)–(f), 335.29, 335.30, 335.41

(a)–(h), 335.43 through 335.45, 335.47

(except for the second sentence in

335.47(c)(3)), 335.61 (a)–(e), 335.63

through 335.68, 335.69 (a)–(h), 335.70

through 335.74, 335.76, 335.77, 335.78

(except 335.78(d)(2)), 335.91 through

335.94, 335.111, 335.112(a) introductory

paragraph, 335.112(a) (1)–(6),

335.112(a)(7) (except the phrase ‘‘(as

amended through July 1, 1991);’’),

335.112(a) (8)–(14), 335.112(a)(15)

(except the phrase ‘‘(as amended

through July 17, 1991)’’), 335.112(a)(16),

335.112(a) (18)–(20), 335.112(b),

335.113, 335.114(a), 335.115 through

335.127, 335.151 through 335.153,

335.154(a) (except the phrase ‘‘TWC

hazardous waste code and’’ in

335.154(a)(3)), 335.155 through 335.178,

335.201(a) introductory paragraph,

335.201(a) (1) & (2), 335.201(c), 335.202

(except the definitions for ‘‘active

geologic processes’’, ‘‘area subject to

active shoreline erosion’’, ‘‘areas of

direct drainage’’, ‘‘commercial

hazardous waste management facility’’,

‘‘critical habitat of an endangered

species’’, ‘‘erosion’’, ‘‘public water

system’’, and ‘‘residence’’), 335.203,

335.204(a) (1)–(5), 335.204(b) (1)–(6),

335.204(c) (1)–(5), 335.204(d) (1)–(5),

335.204(e) introductory paragraph,

335.204(e)(1) introductory paragraph

(except the phrase ‘‘Except as provided

in subparagraphs (A) and (B) of this

paragraph,’’ and the word ‘‘event’’ at the

end of the paragraph), 335.204(e) (2)–

(7), 335.204(f), 335.205 (a), (b), and (i),

335.211 through 335.223, 335.224

introductory paragraph, 335.224 (1)–(6),

335.224(7) first sentence, 335.224 (8)–

(15), 335.225 through 335.251, 335.361

through 335.367, 335.431, and 335.504.

Copies of the Texas regulations that

are incorporated by reference are

available from West Publishing

Company, 610 Opperman Drive, P. O.

Box 64526, St. Paul, Minnesota 55164–

0526.

[FR Doc. 97–24841 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–265; RM–8913]

Radio Broadcasting Services; Dickson

and Kingston Springs, TN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Tuned In Broadcasting, Inc.,

reallots Channel 229A from Dickson to

Kingston Springs, Tennessee, and

modifies Station WYYB-FM’s license to

specify Kingston Springs, Tennessee, as

its community of license. See 62 FR

4515, January 30, 1997. Channel 229A

can be allotted to Kingston Springs in

compliance with the Commission’s

minimum distance separation

requirements with a site . The

coordinates for Channel 229A are 36–

07–13 NL and 86–59–03 WL. With this

action, this proceeding is terminated.

EFFECTIVE DATE: October 27, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–265,

adopted September 3, 1997, and

released September 12, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

AUTHORITY: Secs. 303, 48 Stat., as

amended, 1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Tennessee, is

amended by removing Channel 229A at

Dickson and by adding Kingston

Springs, Channel 229A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–24936 Filed 9–18–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 171

[Docket No. RSPA–97–2133 (HM–225)]

RIN 2137–AC97

Hazardous Materials: Cargo Tank

Motor Vehicles in Liquefied

Compressed Gas Service; Advisory

Guidance for Leak Testing Discharge

Systems

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Advisory guidance.

SUMMARY: On August 18, 1997, RSPA

published in the Federal Register a final

rule adopting certain safety standards

applicable to cargo tank motor vehicles

used in liquefied compressed gas