[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Rules and Regulations]
[Pages 49163-49171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24841]


-----------------------------------------------------------------------

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.


[[Page 49164]]


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) Sec.        40 CFR 270.10(h).        
 305.63, introductory paragraph, effective                              
 October 29, 1990.                                                      
30 TAC Sec.  335.1 definitions of ``Closure''  40 CFR 270.2 definitions 
 and ``Hazardous waste management facility'',   of ``Closure'' and      
 effective November 23, 1993.                   ``Hazardous waste       
                                                management facility''.  
30 TAC Sec.  335.1 definition of ``PCB's or    40 CFR 268.2(e).         
 polychlorinated biphenyl compounds'',                                  
 effective November 23, 1993.                                           
30 TAC Sec.  335.10(a)(1), effective November  40 CFR 262.20(a).        
 23, 1993.                                                              
30 TAC Sec.  335.10(a)(3), effective November  40 CFR 262.21 (a)-(c).   
 23, 1993.                                                              
31 TAC Sec.  335.11, effective July 27, 1988.  40 CFR 263.20, 263.22.   
31 TAC Sec.  335.15(1), effective July 27,     40 CFR 264.71(a)(5).     
 1988.                                                                  
30 TAC Sec.  335.41(e), effective November     40 CFR 264.1(g)(1) and   
 23, 1993.                                      265.1(c)(5).            
31 TAC Sec.  335.43(b)(1), effective November  40 CFR 270.10(e)(1)(i).  
 7, 1991.                                                               
31 TAC Sec.  335.43(b)(2), effective November  40 CFR 279.10(e)(1)(ii). 
 7, 1991.                                                               
31 TAC Sec.  335.114(a) introductory           40 CFR 265.75            
 paragraph, effective July 27, 1988.            introductory paragraph. 
31 TAC Sec.  335.114(a) (1)-(6), effective     40 CFR 265.75 (a), (b) & 
 July 27, 1988.                                 (d)-(g).                
31 TAC Sec.  335.154(a) (2) & (5), effective   40 CFR 264.75 (b) & (g). 
 July 27, 1988.                                                         
------------------------------------------------------------------------

    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

[[Page 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) Sec.  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 Sec.  361.082(f); THSC (Vernon's Supp. 1992), effective September 
 1, 1991, as amended.                                                   
TSWDA Sec.  361.089 (e)-(g); THSC (Vernon's Supp. 1992), effective      
 September 1, 1991, as amended.                                         
30 Texas Administrative Code (TAC) Sec.  305.50(4)(E), effective        
 November 23, 1993.                                                     
30 TAC Sec.  305.61, effective October 29, 1990.                        
30 TAC Sec.  335.2 (d)-(f), effective November 23, 1993.                
30 TAC Sec.  335.2(j), effective November 23, 1993.                     
30 TAC Sec.  335.13(f), effective November 23, 1993.                    
31 TAC Sec.  335.43(e), effective November 7, 1991.                     
30 TAC Sec.  335.112(b), effective November 23, 1993.                   
30 TAC Sec.  335.152(b), effective November 23, 1993.                   
30 TAC Sec.  335.152(c), effective November 23, 1993.                   
30 TAC Sec.  335.224 (3)(F), (9), (10), and (15), effective November 23,
 1993.                                                                  
31 TAC Sec.  335.225(b), effective July 29, 1992.                       
30 TAC Sec.  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  Texas Solid Waste Disposal Act (TSWDA)   
 Disposal Restrictions, July    Secs.  361.017 and 361.024; Texas Health
 8, 1987 (52 FR 25760), as      and Safety Code Ann. (THSC) (Vernon's   
 amended on October 27, 1987    Supp. 1991), effective June 7, 1991, as 
 (52 FR 41295). (Checklists     amended; 31 Texas Administrative Code   
 39 and 39.1).                  (TAC) Sec.  305.51(c), effective July   
                                29, 1992; 30 TAC Sec.  335.2(j), Sec.   
                                335.112(a)(1), Sec.  335.152(a)(1), and 
                                Sec.  335.431(c), all effective November
                                23, 1993; and 31 TAC Sec.  335.77,      
                                effective July 14, 1987.                
2. Exception Reporting for     TSWDA Secs.  361.017, and 361.024; THSC  
 Small Quantity Generators of   (Vernon's Supp. 1991), effective June 7,
 Hazardous Waste, September     1991, as amended; 30 TAC Sec.           
 23, 1987 (52 FR 35894).        335.13(c), (d) and (g), effective       
 (Checklist 42).                November 23, 1993 as amended; and 30 TAC
                                Sec.  335.74, effective November 23,    
                                1993.                                   
5. HSWA Codification Rule 2;   TSWDA Secs.  361.017, and 361.024, THSC  
 Corrective Action for          (Vernon's Supp. 1991), effective June 7,
 Injection Wells, December 1,   1991, as amended; and 30 TAC Sec.       
 1987 (52 FR 45788).            331.121(f), and Sec.  331.121(e)(1)-(3),
 (Checklist 44C).               both effective November 23, 1993.       
10. Technical Correction to    TSWDA Secs.  361.017, and 361.024, THSC  
 Checklist 23, Small Quantity   (Vernon's Supp. 1991), effective June 7,
 Generators, July 19, 1988      1991, as amended; and 31 TAC Sec.       
 (53 FR 27162). (Checklist      335.78(e) and Sec.  335.78(f)(2), both  
 47).                           effective February 1, 1989, as amended. 
21. Land Disposal              TSWDA Secs.  361.017 and 361.024, THSC   
 Restrictions for Third         (Vernon's Supp. 1991), effective June 7,
 Scheduled Wastes, June 1,      1991, as amended; and 30 TAC Sec.       
 1990 (55 FR 22520)             305.69(i) Appendix I.B.1.b., Sec.       
 (Checklists 78H and 78N).      335.1, Sec.  335.29, Sec.  335.69(a)(4),
                                Sec.  335.111(c), Sec.  335.112(a)(1)   
                                and (a)(10)-(a)(13), Sec.  335.152(a)(9)-
                                (a)(12), Sec.  335.431(c) and Sec.      
                                335.504(2), all effective November 23,  
                                1993.                                   

[[Page 49166]]

                                                                        
26. Permit Modifications for   TSWDA Secs.  361.017, and 361.024; THSC  
 Hazardous Waste Management     (Vernon 1990), effective September 1,   
 Facilities, September 28,      1989, as amended; TWC Secs.  5.103,     
 1988 (53 FR 37912), as         5.105, and 26.011 (Vernon 1990),        
 amended on October 24, 1988    effective September 1, 1985, as amended;
 (53 FR 41649. (Checklists 54   Texas Open Records Act, TEX. REV. CIV.  
 and 54.1).                     STAT. ANN. art.6252-17a (Vernon 1990);  
                                31 TAC Sec.  305.66, effective November 
                                7, 1991; 31 TAC Sec.  305.62(a),        
                                effective October 29, 1990; 31 TAC Sec. 
                                335.112(a)(6), Sec.  335.152(a)(3) and  
                                (a)(5), all effective December 13, 1991,
                                as amended; 31 TAC Sec.  305.64(a) and  
                                (g), and Sec.  305.144, Sec.            
                                305.62(d)(3), Sec.  305.62(e)(2)(C)(iv)-
                                (e)(2)(C)(xi), all effective October 29,
                                1990; 31 TAC Sec.  305.62(e), effective 
                                July 17, 1989; 31 TAC 305.100, effective
                                October 8, 1990; 31 TAC Sec.  305.102,  
                                Sec.  305.171, Sec.  305.172(10), all   
                                effective October 29, 1990; 31 TAC Sec. 
                                305.69(a), Sec.  305.69(a)(1)(A)-       
                                (a)(1)(C), Sec.  305.69(a)(2) and       
                                (a)(3), Sec.  305.69(b) and (b)(1), Sec.
                                 305.69(b)(1)(A)-(b)(1)(D), Sec.        
                                305.69(b)(2), Sec.  305.69(b)(2)(A)-    
                                (b)(2)(G), Sec.  305.69(b)(3)-(b)(6),   
                                Sec.  305.69(b)(6)(A)-(b)(6)(C), Sec.   
                                305.69 (b)(6)(C)(i) and (b)(6)(C)(ii),  
                                Sec.  305.69 (b)(6)(D) and (b)(6)(E),   
                                Sec.  305.69(b)(7), Sec.                
                                305.69(b)(7)(A)-(b)(7)(C), Sec.  305.69 
                                (b)(7)(C)(i) and (b)(7)(C)(ii), Sec.    
                                305.69(b)(7)(D), Sec.  305.69(b)(8) and 
                                (b)(9), Sec.  305.69(b)(9)(A) and       
                                (b)(9)(B), Sec.  305.69(b)(10)-(b)(14), 
                                Sec.  305.69(b)(14)(A)-(b)(14)(C), Sec. 
                                305.69(b)(15), Sec.  305.69(c), Sec.    
                                305.69(c)(1), Sec.  305.69(c)(1)(A)-    
                                (c)(1)(D), Sec.  305.69(c)(2), Sec.     
                                305.69(c)(2)(A)-(c)(2)(F), Sec.         
                                305.69(c)(3)-(c)(6),Sec.  305.69(d),    
                                Sec.  305.69(d)(1) and (d)(2), Sec.     
                                305.69(d)(2)(A), Sec.                   
                                305.69(d)(2)(B)(i) and (d)(2)(B)(ii),   
                                Sec.  305.69(d)(2)(C), Sec.  305.69(e), 
                                Sec.  305.69(e)(1) and (e)(2), Sec.     
                                305.69(e)(2)(A) and (e)(2)(B), Sec.     
                                305.69(e)(3), Sec.  305.69(e)(3)(A)-    
                                (e)(3)(C), Sec.  305.69(e)(4) and       
                                (e)(5), Sec.  305.69(e)(5)(A) and       
                                (e)(5)(B), Sec.  305.69(e)(5)(B)(i)-    
                                (e)(5)(B)(v), Sec.  305.69(e)(6), Sec.  
                                305.69(e)(6)(A) and (e)(6)(B), Sec.     
                                305.69(f), Sec.  305.69(f)(1) and       
                                (f)(2), Sec.  305.69(g), Sec.           
                                305.69(g)(1), Sec.  305.69(g)(1)(A)-    
                                (g)(1)(E), Sec.  305.69(g)(2), and Sec. 
                                305.180(1)-(3), all effective October   
                                29, 1990.                               
30. Hazardous Waste            TSWDA Secs.  361.003, 361.024, 361.088;  
 Miscellaneous Units;           THSC (Vernon 1990), effective September 
 Standards Applicable to        1, 1989, as amended; TWC Secs.  5.103,  
 Owners and Operators,          5.105, and 26.011 (Vernon 1990),        
 January 9, 1989 (54 FR 615).   effective September 1, 1985, as amended;
 (Checklist 59).                and 30 TAC Sec.  305.50(4), effective   
                                July 29, 1992, as amended.              
31. Amendment to Requirements  TSWDA Secs.  361.003, 361.024, 361.088;  
 for Hazardous Waste            THSC (Vernon 1990), effective September 
 Incinerator Permits, January   1, 1989, as amended; TWC Secs.  5.103,  
 30, 1989 (54 FR 4286),         5.105 and 26.011 (Vernon 1990),         
 (Checklist 60).                effective September 1, 1985, as amended;
                                and 31 TAC Sec.  305.174, effective     
                                October 29, 1990.                       
35. Changes to Part 124 Not    TSWDA Secs.  361.017, 361.024, 361.032,  
 Accounted for by Present       361.066, and 361.068; THSC Chapter 361  
 Checklists, June 30, 1983      (Vernon's Supp. 1992), effective        
 (48 FR 30113); April 1, 1983   September 1, 1989, as amended; TWC Secs.
 (48 FR 14146); July 26, 1988   5.103, 5.105, 26.011, and 27.019 (Vernon
 (53 FR 28118); September 26,   1992), effective September 1, 1985, as  
 1988 (53 FR 37396); and        amended; 31 TAC 281.22, effective July  
 January 4, 1989 (54 FR 246).   14, 1987; 31 TAC Secs.  305.42, 305.44, 
 (Checklist 70).                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 Secs.  305.100, 305.101,   
                                305.121, 305.122(a), 305.125, and       
                                305.128, all effective October 8, 1990; 
                                31 TAC Secs.  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  TSWDA Secs.  361.017, 361.024, 361.088;  
 Facilities for Hazardous       THSC (Vernon 1990), effective September 
 Waste Management Permits;      1, 1989, as amended; TWC Secs.  5.103,  
 Modification of Hazardous      5.105 and 26.011 (Vernon 1990),         
 Waste Management Permits;      effective September 1, 1985, as amended;
 Procedures for Post-Closure    31 TAC 305.69(h), effective October 29, 
 Permitting, March 7, 1989      1990.                                   
 (54 FR 9596), (Checklist 61).                                          
------------------------------------------------------------------------

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  Texas Solid Waste Disposal Act (TSWDA),  
 and Secondary Oil/Water/       Chapter 361, Sec.  361.003(15), Sec.    
 Solids Separation Sludge       361.017 and Sec.  361.024; Texas Health 
 Listing (F037 and F038),       and Safety Code (THSC) Ann. (Vernon     
 November 2, 1990 (55 FR        Pamphlet 1992), effective September 1,  
 46354), as amended on          1991, as amended; Title 31 Texas        
 December 17, 1990 (55 FR       Administrative Code (TAC) Chapter 335,  
 51707). (Checklists 81 and     Sec.  335.1, effective March 31, 1992,  
 81.1).                         as amended; and Title 30 TAC Sec.       
                                335.29, effective November 23, 1993.    
2. Wood Preserving Listings,   TSWDA Chapter 361, Sec.  361.003(15),    
 December 6, 1990 (55 FR        Sec.  361.017 and Sec.  361.024; THSC   
 50450). (Checklist 82).        Ann. (Vernon Pamphlet 1992), effective  
                                September 1, 1991, as amended; Title 30 
                                TAC, Chapter 305, Sec.  305.50(4)(A),   
                                effective November 23, 1993; Title 31   
                                TAC Chapter 335, Sec.  335.1, effective 
                                March 31, 1992, as amended; Title 30 TAC
                                Chapter 335, Sec.  335.29, effective    
                                November 23, 1993; Title 31 TAC Chapter 
                                335, Sec.  335.1 and 335.29, both       
                                effective September 30, 1992, as        
                                amended; and Title 30 TAC Chapter 335,  
                                Sec.  335.1, Sec.  335.69(a)(1)(C), Sec.
                                 335.112(a)(9), Sec.  335.112(a)(18),   
                                Sec.  335.152(a)(8), and Sec.           
                                335.152(a)(14) all effective November   
                                23, 1993.                               

[[Page 49167]]

                                                                        
3. Land Disposal Restrictions  TSWDA, Chapter 361, Sec.  361.003(15),   
 for Third Third Scheduled      Sec.  361.017 and Sec.  361.024; THSC   
 Wastes; Technical              Ann. (Vernon Pamphlet 1992), effective  
 Amendments, January 31, 1991   September 1, 1991, as amended; Title 31 
 (56 FR 3864). (Checklist       TAC, Chapter 335, Sec.  335.1, effective
 83)..                          March 31, 1992, as amended; Title 31 TAC
                                Chapter 335, Sec.  335.1, effective     
                                January 31, 1992 as amended; Title 30   
                                TAC Chapter 335, Sec.  335.29, effective
                                November 23, 1993; Title 30 TAC Chapter 
                                335, Sec.  335.504(2) and Sec.          
                                335.69(f)(4), both effective November   
                                23, 1993; Title 31 TAC Chapter 335, Sec.
                                 335.152(a)(9)-(a)(12), Sec.            
                                335.112(a)(1), and Sec.  335.112(a)(10)-
                                (a)(13), all effective March 31, 1992,  
                                as amended; Title 30 TAC Chapter 335,   
                                Sec.  335.431, and Sec.  335.431(c),    
                                both effective November 23, 1993.       
4. Burning of Hazardous Waste  TSWDA Chapter 361, Sec.  361.003(15),    
 in Boilers and Industrial      Sec.  361.017, and Sec.  361.024; THSC  
 Furnaces, February 21, 1991    Ann. (Vernon Pamphlet 1992), effective  
 (56 FR 7134). (Checklist 85).  September 1, 1991, as amended; Title 31 
                                TAC, Chapter 335, Sec.  335.1, effective
                                March 31, 1992 as amended; Title 30 TAC 
                                Chapter 335, Sec.  335.29, effective    
                                November 23,1993; Title 31 TAC, Chapter 
                                335, Sec.  335.221(a)(23), effective    
                                July 14, 1992, as amended; Title 31 TAC,
                                Chapter 335, Sec.  335.1, effective     
                                August 22, 1991, as amended; Title 31   
                                TAC, Chapter 305, Sec.  305.50(4), Sec. 
                                305.50(13), Sec.  305.69(h), Sec.       
                                305.571, Sec.  305.572, Sec.  305.573,  
                                Sec.  305.51(a)(5), Sec.  305.51(c)(7), 
                                all effective July 29, 1992, as amended;
                                Title 31 TAC Chapter 335, Sec.          
                                335.2(c), effective November 7, 1991;   
                                Title 31 TAC Sec.  335.1, effective     
                                January 31, 1992, as amended; Title 30  
                                TAC Sec.  335.2(k), effective November  
                                23, 1993; Title 31 TAC Sec.  335.6 and  
                                Sec.  335.6(i)(1)-(i)(3), Sec.          
                                335.24(c), Sec.  335.152(a)(5), Sec.    
                                335.152(a)(13), Sec.  335.112(a)(6),    
                                Sec.  335.221(a), (a)(1)-(a)(23), Sec.  
                                335.221(b), Sec.  335.222(a)-(c), Sec.  
                                335.223(a), (a)(1)-(a)(8), Sec.         
                                335.223(b), Sec.  335.224 introductory  
                                paragraph, Sec.  335.224(1)-(2), Sec.   
                                335.224(3)(A)-(3)(E), Sec.  335.224(4), 
                                Sec.  335.224(5)(A)-(5)(J), Sec.        
                                335.224(6)-(8), Sec.  335.224(11)-(14), 
                                and Sec.  335.225(a), all effective July
                                29, 1992, as amended; and Title 30 TAC  
                                Chapter 335, Sec.  335.112(a)(14),      
                                effective November 23, 1993.            
5. Removal of Strontium        TSWDA, Chapter 361, Sec.  361.003(15),   
 Sulfide from the List of       Sec.  361.017 and Sec.  361.024; THSC   
 Hazardous Wastes; Technical    Ann., (Vernon Pamphlet 1992), effective 
 Amendment, February 25, 1991   September 1, 1991, as amended; Title 31 
 (55 FR 7567). (Checklist 86).  TAC, Chapter 335, Sec.  335.1, effective
                                March 31, 1992, as amended; and Title 30
                                TAC Chapter 335, Sec.  335.29, effective
                                November 23, 1993.                      
6. Organic Air Emission        TSWDA, Chapter 361, Sec.  361.003(15);   
 Standards for Process Vents    THSC Ann., (Vernon Pamphlet 1992),      
 and Equipment Leaks;           effective September 1, 1991, as amended;
 Technical Amendment, April     Title 31 TAC, Chapter 335, Sec.         
 26, 1991 (56 FR 19290).        335.152(a)(1), Sec.  335.152(a)(4), Sec.
 (Checklist 87).                 335.152(a)(16), and Sec.               
                                335.152(a)(17), all effective August 31,
                                1992, as amended; Title 31 TAC Chapter  
                                335, Sec.  335.112(a)(1), Sec.          
                                335.112(a)(4), Sec.  335.112(a)(19), and
                                Sec.  335.112(a)(20), all effective     
                                August 31, 1992, as amended; Title 30   
                                TAC Chapter 305, Sec.  305.50(4)(A),    
                                effective July 29, 1992, as amended.    
7. Mining Waste Exclusion III  TSWDA, Chapter 361, Sec.  361.003(15),   
 June 13, 1991 (56 FR 27300).   Sec.  361.017, and Sec.  361.024; THSC  
 (Checklist 90).                Ann., (Vernon Pamphlet 1992), effective 
                                September 1, 1991, as amended; Title 31 
                                TAC, Chapter 335, Sec.  335.1, effective
                                March 31, 1992, as amended; and Title 30
                                TAC Chapter 335, Sec.  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

[[Page 49168]]

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

[[Page 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 Sec. 272.2201 to read as 
follows:


Sec. 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,

[[Page 49170]]

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 
Sec. 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 Sec. 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 EPA-
Approved 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.

----------------------------------------------------------------------------------------------------------------
                                                                        Unauthorized state amendments           
       State provision              Effective date of      -----------------------------------------------------
                                   authorized provision      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          July 29, 1992..............  17 TexReg 8010.............                 11/27/92
 paragraph.                                                                                                     
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         July 14, 1987..............  17 TexReg 6065.............                  11/7/91
 paragraph.                                                                                                     
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'',

[[Page 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