Texas: Final Authorization of State Hazardous Waste Management Program Revision, 13127-13139 [05-5410]
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Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. This proposed rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
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the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This proposed
rule does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 3, 2005.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 05–5407 Filed 3–17–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[R06–OAR–2004–TX–0004; FRL–7886–3]
Approval of the Clean Air Act Section
112(l) Program for Hazardous Air
Pollutants and Delegation of Authority
to the State of Texas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Texas Commission on
Environmental Quality (TCEQ) has
submitted requests for receiving
delegation of EPA authority for
implementation and enforcement of
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for all sources. The requests apply to
certain NESHAPs promulgated by EPA,
as adopted on various dates by TCEQ.
The delegation of authority under this
notice does not apply to sources located
in Indian Country. EPA is providing
notice that proposes to approve the
delegation of certain NESHAPs to
TDEQ.
DATES: Written comments must be
received on or before April 18, 2005.
ADDRESSES: Comments may be mailed to
Mr. Jeff Robinson, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Comments
may also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the Addresses section of the direct final
rule located in the final rules section of
the Federal Register.
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13127
Mr.
Jeff Robinson, Air Permits Section,
Multimedia Planning and Permitting
Division (6PD–R), U.S. Environmental
Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733, at (214) 665–6435, or at
robinson.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving TCEQ’s
request for delegation of authority to
implement and enforce certain
NESHAPs for all sources (both Part 70
and non-Part 70 sources). TCEQ has
adopted certain NESHAPs into Texas’
state regulations. In addition, EPA is
waiving its notification requirements so
sources will only need to send
notifications and reports to TCEQ.
The EPA is taking direct final action
without prior proposal because EPA
views this as a noncontroversial action
and anticipates no adverse comments. A
detailed rationale for this approval is set
forth in the preamble to the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn, and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting must do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is
published in the Rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Authority: 42 U.S.C. 7412.
Dated: March 9, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05–5412 Filed 3–17–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7886–2]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules
Proposed rule.
SUMMARY: The State of Texas has
applied for final authorization of certain
revisions, identified in Section F in the
Supplementary Information, to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA has determined
that these revisions satisfy all the
requirements needed to qualify for final
authorization, and is proposing to
authorize the State’s revisions through
this action.
DATES: This proposed revision is
available for public comment for April
18, 2005.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. E-mail: Comments may be sent by
electronic mail to
patterson.alima@epa.gov.
3. Mail: Send comments to: Alima
Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas
Texas 75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas Texas 75202–
2733.
Instructions: Please refer to Docket
Number TX–01–05. Do not submit
information that you consider to be
confidential business information (CBI)
or otherwise protected through e-mail.
The Federal regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
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encryption, and be free of any defects or
viruses.
You can view and copy Texas’s
application and associated publicly
available materials from 8:30 a.m. to 4
p.m. Monday through Friday at the
following locations: Texas Commission
on Environmental Quality (TCEQ),
12100 Park 35, Circle, Austin TX
78753–3087, (512) 239–1121 and EPA,
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202–2733, (214) 665–8533.
Interested persons wanting to examine
these documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, EPA
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202–2733,
patterson.alima@epa.gov, (214) 665–
8533, Bruce Jones, Senior Assistant
Regional Counsel, Office of Regional
Counsel (214) 665–3184 and Darrin
Swartz-Larson, RCRA Combustion Team
Contact, (214) 665–7115 or submit your
questions electronically to
jones.bruced@epa.gov and swartzlarson.darrin@epa.gov for more
information on the proposed rule to
delegate MACT authority to Texas.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and
279.
This is not the first time EPA has
taken action on these revisions to Texas’
program. On April 15, 2003, EPA
published an immediate final rule
which covered the same revisions as
this Proposal. On June 16, 2003, the
revisions of that immediate final rule
became effective. EPA discovered that
adverse comments were properly filed
challenging approval of the immediate
final revisions for Texas. Since EPA had
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not responded to the comments or
properly investigated them prior to
finalization of the immediate final rule,
EPA was required to withdraw final
approval of the immediate final
revisions. On July 22, 2003, EPA
formally removed the immediate final
rule published on April 15, 2003.
Significant time has elapsed since EPA
removal of the rule, therefore, the
Agency is once again publishing these
revisions to the Texas program.
However, this action is a proposal to
take comment on authorizing Texas for
the revisions that were removed on July
22, 2003. This will allow the original
commenter to resubmit his comments or
submit new comments as well as allow
other members of the public an
opportunity to comment.
In addition, EPA expects to receive
adverse comments on these revisions,
therefore, publishing as a proposed rule
rather than as an immediate final rule
conforms with EPA guidance. After the
close of the public comment period for
today’s proposal, EPA will timely
publish a document in the Federal
Register which responds to any
comments received and either (a)
finalize the proposed decision based on
comments, (b) modify the decision and
finalize this action, or (c) based on
comments, EPA may decide not to
finalize this proposal.
The original specific comments raised
concerns about public participation in
Texas’ enforcement program, limits on
Federal agencies’ ability to comment on
certain State actions, whether Texas’
regulation of hazardous waste
combustors was protective, and whether
risk assessments are necessary to ensure
protectiveness. EPA specifically
requests that any additional comments
or information that the public may have
on these or other similar related issues
be submitted for our consideration on
this proposal. In addition, the
commenter raised some issues about the
interplay between the RCRA rules on
emissions from hazardous waste
combustors and the Clean Air Act
(CAA) rules covering the same
emissions. EPA directs the public to the
discussion about the interplay between
the two rules in Section F of this
document. In addition and in a
completely separate rulemaking, EPA is
also currently proposing to delegate to
Texas the authority implementing the
CAA rules covering hazardous waste
combustors known as the Maximum
Achievable Control Technology (MACT)
rules. Any specific comments or
concerns regarding the delegation to
Texas of the MACT rules for combustors
in the State of Texas should be
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submitted during the public comment
period for that proposal.
appropriate final action on the proposal
in light of the comments received.
B. What Decisions Have We Made in
This Rule?
EPA concludes that Texas’
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, EPA is proposing to
authorize the State’s revisions to the
Texas hazardous waste program as
described in this document. Texas has
the responsibility for permitting
Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders
(except in Indian Country) and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates under
the authority of HSWA take effect in
authorized States before they are
authorized for the requirements. Thus,
EPA will implement those requirements
and prohibitions in Texas, including
issuing permits, until the State is
granted authorization to do so.
E. For What Has the State of Texas
Previously Been Authorized?
Texas received final authorization to
implement its Hazardous Waste
Management Program on December 12,
1984, effective December 26, 1984 (49
FR 48300). This authorization was
clarified in a notice published in the
Federal Register 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);
and on December 18, 1986, effective
February 17, 1987 (51 FR 45320). EPA
authorized the following revisions:
March 1, 1990, effective March 15, 1990
(55 FR 7318); on May 24, 1990, effective
July 23, 1990 (55 FR 21383); on August
22, 1991, effective October 21, 1991 (56
FR 41626); on October 5, 1992, effective
December 4, 1992 (57 FR 45719); on
April 11, 1994, effective June 27, 1994,
(59 FR 16987); on April 12, 1994,
effective June 27, 1994 (59 FR 17273);
On September 12, 1997, effective
November 26, 1997 (62 FR 47947); and
on August 18, 1999 effective October 18,
1999 (64 FR 44836) and July 13, 2000;
effective September 11, 2000 (65 FR
43246). EPA incorporated by reference
the State of Texas Base Program and
additional program revisions in RCRA
Clusters III and IV into the CFR on
September 14, 1999 (64 FR 49673);
effective November 15, 1999. On March
28, 2002, Texas submitted a final
complete program revision application,
seeking authorization of its program
revision in accordance with 40 CFR
271.21.
In 1991, Texas Senate Bill 2 created
the Texas Natural Resource
Conservation Commission (TNRCC),
which combined the functions of the
former Texas Water Commission and
the former Texas Air Control Board. The
transfer of functions to the TNRCC from
the two agencies became effective on
September 1, 1993. House Bill 2912,
Article 18, of the 77th Texas Legislature,
2001, changed the name of the TNRCC
to the Texas Commission on
Environmental Quality (TCEQ) and
directed the TNRCC to adopt a timetable
for phasing in the change of the agency’s
name. The TNRCC decided to make the
change of the agency’s name to TCEQ
effective September 1, 2002. The change
of name became effective September 1,
2002, and the legislative history of the
name change is documented in the
Attorney General Statement. The TCEQ
may perform any act for which it was
authorized as either TNRCC or TWC.
C. What Is the Effect of Today’s
Authorization Decision?
The effect of this decision is that a
facility in the State of Texas subject to
RCRA will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. The State
of Texas has enforcement
responsibilities under its State
hazardous waste program for violations
of such program, but the EPA retains its
authority under RCRA sections 3007,
3008, 3013, and 7003, which include,
among others, authority to:
• Do inspections, require monitoring,
tests, analyses, or reports; and
• Enforce RCRA requirements and
suspend or revoke permits.
This action does not impose
additional requirements on the
regulated community because the
regulations for which the State of Texas
is being authorized by today’s action are
already effective under State law, and
are not changed by today’s action.
D. What Happens if EPA Receives
Comments That Oppose This Action?
EPA believes that, because of the
adverse comments received on the
original notice in 2003, there will be
comments on this proposal as well. If
EPA receives comments which oppose
this authorization, it will respond to
those comments and take the
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Therefore, references to TCEQ are
references to TWC and to its successor,
TNRCC. For further legislative history
on the name-change (See, Act of June
15, 2001, 77th Leg. R. S., Ch 965,
Section 18.01, 2001 Tex. Gen. Laws
1985).
The TCEQ has primary responsibility
for administration of laws and
regulations concerning hazardous waste,
under the Texas Solid Waste Disposal
Act (codified in Chapter 361 of the
Texas Health & Safety Code). The TCEQ
is authorized to administer the RCRA
program. However, the Railroad
Commission (RRC) has jurisdiction over
the discharge, storage, handling,
transportation, reclamation, or disposal
of waste materials (both hazardous and
non hazardous) that result from the
activities associated with the
exploration, development, or
production of oil or gas or geothermal
resources and other activities regulated
by the RRC. See Tex. Water Code Ann.
Section 26.131 and Ch. 27 (Vernon
2000). A list of activities that generate
wastes that are subject to the
jurisdiction of the RRC is found at 16
Tex. Admin. Code Section 3.8(a)(30)
and at 30 Tex. Admin. Code § 335.1.
Such wastes are termed ‘‘oil and gas
wastes.’’ The TCEQ has responsibility to
administer the RCRA program; however,
hazardous wastes generated at natural
gas or natural gas liquids processing
plants or reservoir pressure
maintenance or repressurizing plants
are subject to the jurisdiction of the
TCEQ until the RRC is authorized by
EPA to administer those wastes under
RCRA. When the RRC is authorized by
EPA to administer the RCRA program
for these wastes, jurisdiction over such
hazardous wastes will transfer from the
TCEQ to the RRC. The EPA has
designated the TCEQ as the lead agency
to coordinate RCRA activities between
the two agencies. The EPA is
responsible for the regulation of any
hazardous waste for which TCEQ has
not been previously authorized.
Further clarification of the
jurisdiction between the TCEQ and the
RRC can be found in a separate
document. This document, a
Memorandum of Understanding (MOU),
became effective on May 31, 1998. The
MOU clarified the jurisdictional
boundaries between the agencies for the
management and regulation of waste
associated with exploration,
development, production and refining
of oil and gas. The MOU has been
adopted by rule, which is an adoption
by reference of the RRC’s rule, and
describes the division of responsibilities
as well as the procedures for
coordination between the two agencies.
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See TCEQ’s rule 30 Tex. Admin. Code
Section 7.117 and RRC’s rule at 16 Tex.
Admin. Code Section 3.30.
The TCEQ has the rules necessary to
implement RCRA Clusters VII through X
revisions to the Federal Hazardous
Waste Program promulgated from July 1,
1995, to June 30, 2000. The TCEQ
authority to incorporate Federal rules by
reference can be found at Texas
Government Code Annotated Section
311.027 (Vernon 1998), and adoption of
the hazardous waste rules in general are
pursuant to the following statutory
provisions: (1) Tex. Water Code Ann.
Section 5.103 (Vernon 2000), effective
September 1995, as amended (TCEQ’s
authority to adopt any rules necessary to
carry out its powers and duties); (2) Tex.
Health & Safety Code Ann. Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended
(authority to adopt rules necessary to
‘‘establish minimum standards of
operation for the management and
control of solid waste’’); and (3) Tex.
Health & Safety Code Ann.Section
361.078 (Vernon 2001), effective
September 1, 1989 (specifically
recognizing TCEQ’s authority to adopt
hazardous waste rules and to issue and
enforce permits to the extent necessary
to receive and maintain RCRA
authorization). The TCEQ partially
adopted the Hazardous Remediation
Waste Management Requirements
(HWIR-Media). The following are the
Federal rules: 40 CFR 260.10, 261.4(g)
through 261.4(g)(2)(ii), 264.1(j)(3)(i)
through 264.1(j)(3), 264.554 through
264.554(m), 265.1(b), 268.2(c), 268.50(g)
and 270.42 Appendix I. The HWIRMedia rule is an optional rule; States
can partially adopt the rule if it has in
place another mechanism to address
those hazardous wastes. The TCEQ did
not adopt 40 CFR 270.11(d)(1)–(3),
270.68, 270.73(a), 270.79, 270.80(a)–(f),
270.85(a)–(c), 270.95, 270.100, 270.105,
270.110 introduction through
270.110(i), 270.115, 270.120, 270.125,
270.130(a)–(b), 270.135 introduction
through 270.135(c), 270.140
introduction through 270.140(c),
270.145(a) introduction through
270.145(d)(3), 270.150(a)–(g), 270.155(a)
introduction through 270.155(b),
270.160 introduction through
270.160(c), 270.165, 270.170, 270.175(a)
introduction through 270.175(c),
270.180(a)–(b), 270.185, 270.190(a)–(d),
270.195, 270.200, 270.205, 270.210
introduction through 270.210(b),
270.215(a), 270.215(a)–(d), 270.220(a)–
(b), 270.225, and 270.230(a) through
270.230(e)(2). Therefore, the Federal
rules listed in this document that the
State did not adopt are not part of the
authorized program. However, the
TCEQ has an Office of Remediation
which is responsible for the cleanup of
releases of hazardous waste and
pollutants so that threats to human
health and the environment are
controlled or eliminated. The TCEQ
rules which address the Remedial
Action Plan requirement of the HWIRmedia rule are covered in the Texas Risk
Reduction Program rules at 30 Tex.
Admin. Code Ch. 350 and 30 Tex.
Admin. Code Section 350.75. The Texas
Risk Reduction Rules are not part of
Texas’ authorized Federal RCRA
program.
F. What Changes Are We Authorizing
With Today’s Action?
On March 28, 2002, the State of Texas
submitted a final complete program
revision application, seeking
authorization of their changes in
accordance with 40 CAR 271.21. Texas’
revisions consist of regulations which
specifically govern Federal Hazardous
Waste promulgated from July 1, 1995, to
June 30, 2000 (RCRA Clusters VII
through X). Texas’ requirements are
included in a chart with this document.
The EPA is now proposing certain
revisions to the Texas Hazardous Waste
Program. The proposed revisions are:
Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
1. Criteria for Classification of Solid Waste Disposal
Facilities and Practices; Identification and Listing of
Hazardous Waste; Requirements for Authorization
of State Hazardous Waste Programs. (Checklist
153).
61 FR 34252 July 01, 1996 ..........
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1989, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.78(f)(3)(A)–G and
(g)(3)(A)–(G), effective October 19, 1998.
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Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
2. Hazardous Waste Treatment; Storage and Disposal Facilities and Hazardous Waste Generators;
Organic Air Emission Standards for Tanks, Surface
Impoundments and Containers. (Checklists 154,
154.1, 154.2, 154.3, 154.4, 154.5, and 154.6).
61 FR 59931 November 25, 1996;
59 FR 62896 December 6,
1994; 60 FR 26828 May 19,
1995; 60 FR 50426 September
29, 1995; 60 FR 56952 November 13, 1995; 61 FR 4903; 61
FR 28508 June 5, 1996.
3. Land Disposal Restrictions Phase III-Emergency
Extension of the K088 Capacity Variance. (Checklist 155).
62 FR 1992 January 14,1997 .......
4. Military Munitions Rule; Hazardous Waste Identification and Management Explosives Emergencies;
Manifest Exemptions for Transport of Hazardous
Waste on Right-of-Ways on Contiguous Properties.
(Checklist 156).
62 FR 6622 February 12, 1997 ....
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.061 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.078
(Vernon 2001), effective September 1, 1989, as
amended; 30 Texas Administrative Code Section
335.31, effective November 15, 2001, as amended; Section 335.24(e), and, effective April 4,
1999, as amended, Sections 335.69(f)(2),
335.69(a)(1)(A)–(B), effective November 15,
2001, as amended; and 305.50(4)(A), effective
November 18, 2001. Sections 335.152(a)(1),
335.152(a)(4), 335.152(a)(7)–(9), 335.152(a)(16)–
(19), effective November 18, 2001; 335.111(a),
effective November 15, 2001; 335.112(a)(1),
335.112(a)(4),
335.112(a)(8)–(10),
335.112(a)(19)–(21), 335.112(a)(24), effective
November 18, 2001; 305.122(a), effective November 15, 2001, as amended.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.341(c), effective
April 30, 2000.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1989, as
amended; Texas Health & Safety Code Annotated Section 361.061 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.078
(Vernon 2001), effective September 1, 1989, as
amended; Texas Health & Safety Code Annotated Section 361.061 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.078
(Vernon 2001), effective September 1, 1989, as
amended; 30 Texas Administrative Code Sections 335.1, and 335.61, effective April 12, 2001,
as amended; Sections 335.10 (h), effective May
20, 1999, 335.91 (f), and (g), 335.41(d)(2), effective April 12, 2001, as amended, 335.271,
335.272, effective April 12, 2001, as amended;
335.152(a)(4), 335.152(a)(20), 335.112(a)(4),
335.112(a)(22), effective November 18, 2001, as
amended and 305.69(j) effective April 12, 2001,
as amended.
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Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
5. Land Disposal Restrictions—Phase IV: Treatment
Standards for Wood Preserving Wastes, Paperwork
Reduction and Streamlining, Exemptions From
RCRA for Certain Processed Materials; and Miscellaneous Hazardous Waste Provisions. (Checklist
157).
62 FR 25998 May 12, 1997 ..........
6. Hazardous Waste Management System; Testing
and Monitoring Activities. (Checklist 158).
62 FR 32452 June 13, 1997 .........
7. Hazardous Waste Management System; Carbamate Production, Identification and Listing of Hazardous Waste; Land Disposal Restrictions. (Checklist 159).
62 FR 32974 June 17, 1997 .........
8. Land Disposal Restrictions Phase III—Emergency
Extension of the K088 National Capacity Variance.
(Checklist 160).
62 FR 37694 July 14, 1997 ..........
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431, effective April
30, 2000, as amended; 30 Texas Administrative
Code Section 335.1 (definition of solid waste), effective May 30, 2001, as amended; 335.17(a)(9)–
(12), and 335.24(c)(2), effective April 4, 1999 as
amended. The State law is more stringent than
the Federal rule because the State does not
have provisions equivalent to 40 CFR 268.(a)(10)
regarding tolling agreements. State law has no
provision equivalent to 40 CFR 268.44(a), under
which EPA may assure a variance from an applicable treatment standard.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.31, effective October 19, 1998; Sections 335.152(a)(17)–(18),
335.152(a)(22)(E), 335.112(a)(19)–(20), effective
April 12, 2001; 335.221(a)(15), 335.221(17)–(18),
effective April 4, 1999 and 335.221(a), effective
April 4, 1999.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.003 (Vernon 2001), effective
September 1, 1991, as amended; Texas Health
& Safety Code Annotated Section 361.017
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.078
(Vernon 2001), effective September 1, 1989, 30
Texas Administrative Code Section 335.1 (def of
Hazardous waste), effective January 26, 1994, as
amended and Section 335.29, effective April 4,
1999.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c), effective
April 30, 2000.
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13133
Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
9. Second Emergency Revision of the Land Disposal
Restrictions (LDR) Treatment Standards for Listed
Hazardous Wastes From Carbamate Production.
(Checklist 161).
62 FR 45568 August 28, 1997 .....
10. Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers; Clarification
and Technical Amendments. (Checklist 163).
62 FR 64636 December 8, 1997 ..
11. Kraft Mill Steam Stripper Condensate Exclusion.
(Checklist 164).
63 FR 18504 April 15, 1998 .........
12. Recycled Used Oil Management Standards;
Technical Correction and Clarification. (Checklist
166).
63 FR 24963 May 6, 1998 ............
13. Land Disposal Restrictions Phase IV–Treatment
Standards for Metal Wastes and Mineral Processing Wastes. (Checklist 167 A).
63 FR 28556 May 26, 1998 ..........
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1989, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c), effective
April 30, 2000.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative
Code
Sections
335.152(a)(1),
335.152(a)(4),
335.152(a)(17)–(19);
335.112(a)(1), 335.112(a)(4), 335.112(a)(19)–
(21), 335.112(a)(24), effective November 18,
2001, as amended; 305.50(4)(A), effective March
21, 2000.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended Texas Health &
Safety Code Annotated Section 361.024 (Vernon
2001), effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective September 1,
1989, as amended; 30 Texas Administrative
Code Section 335.1 (definition of solid waste)
(A)(iv), effective November 15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; Texas Health
& Safety Code Annotated Chapter 371, effective
September 1, 1991, as amended; 30 Texas Administrative Code Section 355.78(j), effective October 19, 1998; Section 335.24(c)(4)(A)–(C), effective April 14, 1999; Sections 324.1, 324.3,
324.6, 324.11–14, effective August 8, 1999.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a
hazardous waste), effective January 26, 1994, as
amended; Section 335.1 (A)(iv) (definition of solid
waste), effective May 30, 2001, as amended;
Section 335.431(c), effective November 15, 2001.
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Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
14. Land Disposal Phase IV—Hazardous Soils Treatment Standards and Exclusions. (Checklist 167 B).
63 FR 28556 May 26, 1998 ..........
15. Land Disposal Restrictions Phase IV—Corrections. (Checklist 167 C).
63 FR 28556 May 26, 1998 ..........
16. Mineral Processing Secondary Material Exclusion.
(Checklist 167 D).
63 FR 28556 May 26, 1998 ..........
17. Bevil Exclusion
(Checklist 167 E).
Clarification.
63 FR 28556 May 26, 1998 ..........
18. Exclusion of Recycled Wood Preserving Wastewater. (Checklist 167 F).
63 FR 28556 May 26, 1998 ..........
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.69(f)(4)(C), effective March 18, 2001; Section 335.431(c), effective November 15, 2001. State law has no provision equivalent to 40 CFR 268.44(a), under
which EPA may assure a variance from an applicable treatment standard.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c), effective
November 15, 2001 and Section 335.431, effective April 30, 2000, as amended. State law has
no provision equivalent to 40 CFR 268.44(a),
under which EPA may assure a variance from an
applicable treatment standard.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1989, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of
solid waste), effective May 30, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of
solid waste) (A)(iv), effective May 30, 2001 as
amended; 335.1 (definition of a hazardous waste,
effective January 26, 1994, as amended.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1989, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of
solid waste) (A)(iv), effective May 30, 2001 as
amended; 335.1 (definition of a hazardous waste,
effective January 26, 1994, as amended.
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13135
Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
19. Hazardous Waste Combustors Revised Standards. (Checklist 168).
63 FR 33782 June 19, 1998 .........
20. Petroleum Refining Process (Checklist 169
&169.1).
63 FR 42110 August 6, 1998; 63
FR 54356 October 9, 1998.
21. Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizers, Administrative Stay. (Checklist
170).
63 FR 46332 August 31, 1998 .....
22. Emergency Revision of Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Waste from Carbamate Production. (Checklist 171).
63 FR 47409 September 4, 1998
23. Land Disposal Restrictions Phase IV—Extension
of Compliance Date for Characteristic Slags.
(Checklist 172).
63 FR 48124 September 9, 1998
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Sections 335.1 (definition of
solid waste)(A)(iv), effective May 30, 2001; Sections 305.69(i), 305.69(k), effective April 12,
2001; 305.51(a)(8), effective December 5, 1999.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.003; Texas Health & Safety
Code Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of
hazardous waste) effective January 26, 1994, as
amended, 335.1(129)(A)(iv) (def. of a solid
waste), effective May 30, 2001, as amended;
335.431, effective April 30, 2000, as amended.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431, effective November 15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c) effective
November 15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431, effective November 15, 2001, as amended.
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Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
24. Land Disposal Restrictions—Treatment Standards
for Spent Potliners from Primary Aluminum Reduction (K088). (Checklist 173).
63 FR 51254 September 24, 1998
25. Hazardous Remediation Waste Management Requirements (HWIR-Media). (Checklist 175).
63 FR 65874 November 30, 1998
26. Universal Waste Rule—Technical Amendments.
(Checklist 176).
63 FR 71225 December 24, 1998
27. Organic Air Emission Standards: Clarification and
Technical Amendments. (Checklist 177).
64 FR 3382 January 21, 1999 ......
28. Petroleum Refining Process Wastes—Leachate
Exemption. (Checklist 178).
64 FR 6806 February 11, 1999 ....
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.431(c), effective
November 15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.003 (Vernon 2001), effective
September 1, 1991, as amended; Texas Health
& Safety Code Annotated Section 361.017
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.078
(Vernon 2001), effective September 1, 1989, as
amended; 30 Texas Administrative Code Section
335.1 (definition of a hazardous waste), effective
January 26, 1994, as amended; Sections 335.1
(definition of staging pile), and 335.111(a), effective November 15, 2001; 335.431, effective November 15, 2001; and 335.152(a)(14), effective
November 18, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.261(b)(16)(D), effective April 30, 2000; Section 335.251, effective
October 19, 1998.
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective September 1,
1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001), effective September 1, 1989, as amended; 30 Texas
Administrative Code Sections 335.69(a)(1)(A)–(B)
effective March 18, 2001; 335.152(a)(17), (19),
and (21), effective November 18, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.003 (Vernon 2001), September
1, 1991, as amended; Texas Health & Safety
Code Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a
hazardous waste), effective January 26, 1994 as
amended.
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13137
Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
29. Land Disposal Restrictions Phase IV—Technical
Corrections and Clarifications to Treatment Standards. (Checklist 179).
64 FR 25408 May 11, 1999 ..........
30. Guideline for Establishing Test Procedures for the
Analysis of Oil and Grease and Non-Polar Material
Under the Clean Water Act and Resource Conservation and Recovery Act. (Checklist 180).
64 FR 26315 June 14, 1999 .........
31. Universal Waste Rule: Specific Provisions for
Hazardous Waste Lamps. (Checklist 181).
64 FR 36466 July 6, 1999 ............
32. NESHAPS: Final Standards for Hazardous Air
Pollutants for Hazardous Waste Combustors, Miscellaneous Units, and Secondary Lead Smelters;
Clarification of BIF Requirements Technical Correction to Fast-track Rule (MACT Rule). (Checklists
182 & 182.1).
64 FR 52827 September 30,1999;
64 FR 63209 November 19,
1999.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.003 (Vernon 2001), effective
September 1, 1991, as amended; Texas Health
& Safety Code Annotated Section 361.017
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.078
(Vernon 2001), effective September 1, 1989, as
amended; 30 Texas Administrative Code Section
335.1 (definition of a hazardous waste), effective
January 26, 1994, as amended; Section 335.1
(definition of solid waste), effective May 30, 2001;
Section 335.431(c), effective November 15, 2001;
and Section 335.69(f)(4)(C), effective March 18,
2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.31, effective November 15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of universal waste), effective May 30, 2001; Section
335.2(1), effective April 30, 2000; Section
335.41(j), effective April 12, 2001; Section
335.151(b), effective February 22, 1994; Sections
335.261(a)–(b), effective April 30, 2000; and Section 335.431(b)(3), effective November 15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended.
30 Texas Administrative Code Sections 335.1
(129)(A)(iv) (def. of solid waste), effective November
15,
2001,
335.12001(a)(13),
335.112(a)(14), effective November 18, 2001;
Section 305.50(4)(A), effective March 21, 2000;
Section 305.175, effective November 15, 2001;
Section 335.152(a)(14), effective November 18,
2001; Sections 305.69(i), effective November 15,
2001; Sections 335.1 (definitions), 335.221(a),
335.221(a)(1), 305.50(4)(A), 305.571(b), and
335.222(a)(c), effective November 15, 2001.
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Description of Federal requirement (include checklist
#, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
33. Land Disposal Restrictions Phase IV—Technical
Corrections. (Checklist 183).
64 FR 56469 October 20, 1999 ....
34. Waste Water Treatment Sludges from Metal Finishing Industry; 180-day Accumulation time.
(Checklist 184).
65 FR 12378 March 8, 2000 ........
35. Organobromine Production Waste. (Checklist
185).
65 FR 14472 March 17, 2000 ......
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a
hazardous waste), effective January 26, 1994, as
amended; Section 335.431(c) effective November
15, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.69(j)–(l) effective
March 18, 2001.
Texas Water Code Annotated Section 5.103
(Vernon 2000), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas Health
& Safety Code Annotated Section 361.024
(Vernon 2001), effective September 1, 1995, as
amended; Texas Health & Safety Code Annotated Section 361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30 Texas Administrative Code Section 335.1 (definition of a
hazardous waste), effective January 26, 1994, as
amended; Section 335.431(c) effective November
15, 2001.
G. What Is the Relationship Between
the Resource Conservation and
Recovery Act and the Hazardous Waste
Combustor MACT?
In this authorization document, the
State of Texas is also seeking
authorization for the Hazardous Waste
Combustors Revised Standards
(Checklist 168). On September 30, 1999,
EPA finalized the National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for three categories of
hazardous waste combustors (HWCs):
incinerators, cement kilns, and lightweight aggregate kilns (64 FR 52828).
The EPA promulgated this rule under
joint authority of the Clean Air Act
(CAA) and RCRA. Before this rule went
into effect, the air emissions from these
three types of HWCs were primarily
regulated under the authority of RCRA
(see 40 CFR parts 264, 265, 266, and
270). However, with the release of the
final HWC NESHAP (see 40 CFR part
63, subpart EEE), the air emissions from
these sources are now regulated under
RCRA and CAA. Even though both
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15:20 Mar 17, 2005
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statutes give EPA the authority to
regulate these emissions, EPA has
determined that having emissions
standards and permitting requirements
in both sets of implementing regulations
would be duplicative. For this reason,
using the authority provided by section
1006(b) of RCRA, EPA deferred the
RCRA requirements for HWC emission
controls to the CAA requirements of 40
CFR part 63, subpart EEE.
Therefore, with today’s authorization
of the State of Texas for the RCRA
provisions of the September 30, 1999,
HWC NESHAP rule, the RCRA waste
management standards for air emissions
from these units will no longer apply
after the facility has demonstrated
compliance with 40 CFR part 63,
subpart EEE. One notable exception
concerns the RCRA Omnibus provision
in section 3005(c)(3) of RCRA, which
requires each RCRA permit to contain
terms and conditions necessary to
protect human health and the
environment. Under this provision of
RCRA, if a regulatory authority
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Fmt 4702
Sfmt 4702
determines that more stringent
conditions than the HWC NESHAP are
necessary to protect human health and
the environment for a particular facility,
then the regulatory authority may
impose those conditions in the facility’s
RCRA permit. (See the HWC MACT rule
preamble discussion on the
interrelationship of the MACT rule with
the RCRA Omnibus provision and site
specific risk assessment at 64 FR 52828,
pages 52839–52843, September 30,
1999, and the RCRA Site-Specific Risk
Assessment Policy for Hazardous Waste
Combustion Facilities, dated June, 2000,
for more information).
H. Where Are the Revised State Rules
Different From the Federal Rules?
The State law is more stringent than
the Federal rule because the State does
not have provisions equivalent to 40
CFR 268.44(a)(10) regarding tolling
agreements. Also, the State law has no
provision equivalent to 40 CFR
268.44(a), under which EPA may
approve a variance from an applicable
E:\FR\FM\18MRP1.SGM
18MRP1
Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules
treatment standard. In this
authorization, there are no broader in
scope provisions. Broader-in-scope
requirements are not part of the
authorized program and EPA cannot
enforce them.
I. Who Handles Permits After the
Authorization Takes Effect?
The State of Texas will issue and
administer permits for all the provisions
for which it is authorized. The EPA will
continue to administer any RCRA
hazardous waste permits or portions of
permits which we issued prior to the
effective date of this authorization.
Upon authorization of the State
program, EPA will suspend issuance of
Federal permits for hazardous waste
treatment, storage, and disposal
facilities for which the State is receiving
authorization. EPA will not issue any
more new permits or new portions of
permits for the provisions listed in the
Table above after the effective date of
this authorization. The EPA will
continue to implement and issue
permits for HSWA requirements for
which State of Texas is not yet
authorized.
J. When Will This Approval Take
Effect?
EPA, after the close of the public
comment period, will review and
respond to comments it receives and
then will subsequently publish a final
action that responds to the comments
and may either finalize the proposal
without change, modify the proposal
based on comments, or announce a
decision not to finalize the proposal.
K. How Does Today’s Action Affect
Indian Country in Texas?
Texas is not authorized to carry out its
Hazardous Waste Program in Indian
Country within the State. This authority
remains with EPA. Therefore, this
action has no effect in Indian Country.
L. What Is Codification and Is EPA
Codifying Texas’ Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. We do this by
referencing the authorized State rules in
40 CFR part 272. We reserve the
amendment of 40 CFR part 272, subpart
SS for this authorization of Texas’
program changes until a later date. EPA
is not codifying the State of Texas’
statutes or regulations in this program
revision.
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15:20 Mar 17, 2005
Jkt 205001
M. Statutory and Executive Order
Reviews
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993), and
therefore this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
State law. Accordingly, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA section 3006(b), EPA
grants a State’s application for
authorization as long as the State meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
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Frm 00018
Fmt 4702
Sfmt 4702
13139
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. This proposed rule
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous material transportation,
Hazardous waste, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This proposed 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: March 10, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05–5410 Filed 3–17–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 15 and 73
[ET Docket No. 05–24; FCC 05–17]
DTV Tuner Requirements
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document proposes to
adjust the schedule by which new
broadcast television receivers are
required to include the capability to
tune digital television (DTV) signals.
The Commission request comment on
whether there is need to revise the
implementation schedule of the DTV
tuner requirement for receivers with
screen sizes 25 to 36 inches and, if so,
how that schedule should be revised to
achieve our goal that all new television
E:\FR\FM\18MRP1.SGM
18MRP1
]]>Agencies
[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Pages 13127-13139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5410]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7886-2]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
[[Page 13128]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The State of Texas has applied for final authorization of
certain revisions, identified in Section F in the Supplementary
Information, to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The EPA has determined that these
revisions satisfy all the requirements needed to qualify for final
authorization, and is proposing to authorize the State's revisions
through this action.
DATES: This proposed revision is available for public comment for April
18, 2005.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: Comments may be sent by electronic mail to
patterson.alima@epa.gov.
3. Mail: Send comments to: Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas Texas 75202-2733.
4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733.
Instructions: Please refer to Docket Number TX-01-05. Do not submit
information that you consider to be confidential business information
(CBI) or otherwise protected through e-mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
You can view and copy Texas's application and associated publicly
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at
the following locations: Texas Commission on Environmental Quality
(TCEQ), 12100 Park 35, Circle, Austin TX 78753-3087, (512) 239-1121 and
EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-
8533. Interested persons wanting to examine these documents should make
an appointment with the office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, patterson.alima@epa.gov, (214) 665-
8533, Bruce Jones, Senior Assistant Regional Counsel, Office of
Regional Counsel (214) 665-3184 and Darrin Swartz-Larson, RCRA
Combustion Team Contact, (214) 665-7115 or submit your questions
electronically to jones.bruced@epa.gov and swartz-larson.darrin@epa.gov
for more information on the proposed rule to delegate MACT authority to
Texas.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
This is not the first time EPA has taken action on these revisions
to Texas' program. On April 15, 2003, EPA published an immediate final
rule which covered the same revisions as this Proposal. On June 16,
2003, the revisions of that immediate final rule became effective. EPA
discovered that adverse comments were properly filed challenging
approval of the immediate final revisions for Texas. Since EPA had not
responded to the comments or properly investigated them prior to
finalization of the immediate final rule, EPA was required to withdraw
final approval of the immediate final revisions. On July 22, 2003, EPA
formally removed the immediate final rule published on April 15, 2003.
Significant time has elapsed since EPA removal of the rule, therefore,
the Agency is once again publishing these revisions to the Texas
program. However, this action is a proposal to take comment on
authorizing Texas for the revisions that were removed on July 22, 2003.
This will allow the original commenter to resubmit his comments or
submit new comments as well as allow other members of the public an
opportunity to comment.
In addition, EPA expects to receive adverse comments on these
revisions, therefore, publishing as a proposed rule rather than as an
immediate final rule conforms with EPA guidance. After the close of the
public comment period for today's proposal, EPA will timely publish a
document in the Federal Register which responds to any comments
received and either (a) finalize the proposed decision based on
comments, (b) modify the decision and finalize this action, or (c)
based on comments, EPA may decide not to finalize this proposal.
The original specific comments raised concerns about public
participation in Texas' enforcement program, limits on Federal
agencies' ability to comment on certain State actions, whether Texas'
regulation of hazardous waste combustors was protective, and whether
risk assessments are necessary to ensure protectiveness. EPA
specifically requests that any additional comments or information that
the public may have on these or other similar related issues be
submitted for our consideration on this proposal. In addition, the
commenter raised some issues about the interplay between the RCRA rules
on emissions from hazardous waste combustors and the Clean Air Act
(CAA) rules covering the same emissions. EPA directs the public to the
discussion about the interplay between the two rules in Section F of
this document. In addition and in a completely separate rulemaking, EPA
is also currently proposing to delegate to Texas the authority
implementing the CAA rules covering hazardous waste combustors known as
the Maximum Achievable Control Technology (MACT) rules. Any specific
comments or concerns regarding the delegation to Texas of the MACT
rules for combustors in the State of Texas should be
[[Page 13129]]
submitted during the public comment period for that proposal.
B. What Decisions Have We Made in This Rule?
EPA concludes that Texas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, EPA is proposing to authorize the
State's revisions to the Texas hazardous waste program as described in
this document. Texas has the responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs) within its borders (except in
Indian Country) and for carrying out the aspects of the RCRA program
described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Texas, including issuing permits, until the State is
granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in the State of
Texas subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. The State of Texas has enforcement responsibilities
under its State hazardous waste program for violations of such program,
but the EPA retains its authority under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others, authority to:
Do inspections, require monitoring, tests, analyses, or
reports; and
Enforce RCRA requirements and suspend or revoke permits.
This action does not impose additional requirements on the
regulated community because the regulations for which the State of
Texas is being authorized by today's action are already effective under
State law, and are not changed by today's action.
D. What Happens if EPA Receives Comments That Oppose This Action?
EPA believes that, because of the adverse comments received on the
original notice in 2003, there will be comments on this proposal as
well. If EPA receives comments which oppose this authorization, it will
respond to those comments and take the appropriate final action on the
proposal in light of the comments received.
E. For What Has the State of Texas Previously Been Authorized?
Texas received final authorization to implement its Hazardous Waste
Management Program on December 12, 1984, effective December 26, 1984
(49 FR 48300). This authorization was clarified in a notice published
in the Federal Register 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); and on December 18, 1986, effective February 17, 1987 (51
FR 45320). EPA authorized the following revisions: March 1, 1990,
effective March 15, 1990 (55 FR 7318); on May 24, 1990, effective July
23, 1990 (55 FR 21383); on August 22, 1991, effective October 21, 1991
(56 FR 41626); on October 5, 1992, effective December 4, 1992 (57 FR
45719); on April 11, 1994, effective June 27, 1994, (59 FR 16987); on
April 12, 1994, effective June 27, 1994 (59 FR 17273); On September 12,
1997, effective November 26, 1997 (62 FR 47947); and on August 18, 1999
effective October 18, 1999 (64 FR 44836) and July 13, 2000; effective
September 11, 2000 (65 FR 43246). EPA incorporated by reference the
State of Texas Base Program and additional program revisions in RCRA
Clusters III and IV into the CFR on September 14, 1999 (64 FR 49673);
effective November 15, 1999. On March 28, 2002, Texas submitted a final
complete program revision application, seeking authorization of its
program revision in accordance with 40 CFR 271.21.
In 1991, Texas Senate Bill 2 created the Texas Natural Resource
Conservation Commission (TNRCC), which combined the functions of the
former Texas Water Commission and the former Texas Air Control Board.
The transfer of functions to the TNRCC from the two agencies became
effective on September 1, 1993. House Bill 2912, Article 18, of the
77th Texas Legislature, 2001, changed the name of the TNRCC to the
Texas Commission on Environmental Quality (TCEQ) and directed the TNRCC
to adopt a timetable for phasing in the change of the agency's name.
The TNRCC decided to make the change of the agency's name to TCEQ
effective September 1, 2002. The change of name became effective
September 1, 2002, and the legislative history of the name change is
documented in the Attorney General Statement. The TCEQ may perform any
act for which it was authorized as either TNRCC or TWC. Therefore,
references to TCEQ are references to TWC and to its successor, TNRCC.
For further legislative history on the name-change (See, Act of June
15, 2001, 77th Leg. R. S., Ch 965, Section 18.01, 2001 Tex. Gen. Laws
1985).
The TCEQ has primary responsibility for administration of laws and
regulations concerning hazardous waste, under the Texas Solid Waste
Disposal Act (codified in Chapter 361 of the Texas Health & Safety
Code). The TCEQ is authorized to administer the RCRA program. However,
the Railroad Commission (RRC) has jurisdiction over the discharge,
storage, handling, transportation, reclamation, or disposal of waste
materials (both hazardous and non hazardous) that result from the
activities associated with the exploration, development, or production
of oil or gas or geothermal resources and other activities regulated by
the RRC. See Tex. Water Code Ann. Section 26.131 and Ch. 27 (Vernon
2000). A list of activities that generate wastes that are subject to
the jurisdiction of the RRC is found at 16 Tex. Admin. Code Section
3.8(a)(30) and at 30 Tex. Admin. Code Sec. 335.1. Such wastes are
termed ``oil and gas wastes.'' The TCEQ has responsibility to
administer the RCRA program; however, hazardous wastes generated at
natural gas or natural gas liquids processing plants or reservoir
pressure maintenance or repressurizing plants are subject to the
jurisdiction of the TCEQ until the RRC is authorized by EPA to
administer those wastes under RCRA. When the RRC is authorized by EPA
to administer the RCRA program for these wastes, jurisdiction over such
hazardous wastes will transfer from the TCEQ to the RRC. The EPA has
designated the TCEQ as the lead agency to coordinate RCRA activities
between the two agencies. The EPA is responsible for the regulation of
any hazardous waste for which TCEQ has not been previously authorized.
Further clarification of the jurisdiction between the TCEQ and the
RRC can be found in a separate document. This document, a Memorandum of
Understanding (MOU), became effective on May 31, 1998. The MOU
clarified the jurisdictional boundaries between the agencies for the
management and regulation of waste associated with exploration,
development, production and refining of oil and gas. The MOU has been
adopted by rule, which is an adoption by reference of the RRC's rule,
and describes the division of responsibilities as well as the
procedures for coordination between the two agencies.
[[Page 13130]]
See TCEQ's rule 30 Tex. Admin. Code Section 7.117 and RRC's rule at 16
Tex. Admin. Code Section 3.30.
The TCEQ has the rules necessary to implement RCRA Clusters VII
through X revisions to the Federal Hazardous Waste Program promulgated
from July 1, 1995, to June 30, 2000. The TCEQ authority to incorporate
Federal rules by reference can be found at Texas Government Code
Annotated Section 311.027 (Vernon 1998), and adoption of the hazardous
waste rules in general are pursuant to the following statutory
provisions: (1) Tex. Water Code Ann. Section 5.103 (Vernon 2000),
effective September 1995, as amended (TCEQ's authority to adopt any
rules necessary to carry out its powers and duties); (2) Tex. Health &
Safety Code Ann. Section 361.024 (Vernon 2001), effective September 1,
1995, as amended (authority to adopt rules necessary to ``establish
minimum standards of operation for the management and control of solid
waste''); and (3) Tex. Health & Safety Code Ann.Section 361.078 (Vernon
2001), effective September 1, 1989 (specifically recognizing TCEQ's
authority to adopt hazardous waste rules and to issue and enforce
permits to the extent necessary to receive and maintain RCRA
authorization). The TCEQ partially adopted the Hazardous Remediation
Waste Management Requirements (HWIR-Media). The following are the
Federal rules: 40 CFR 260.10, 261.4(g) through 261.4(g)(2)(ii),
264.1(j)(3)(i) through 264.1(j)(3), 264.554 through 264.554(m),
265.1(b), 268.2(c), 268.50(g) and 270.42 Appendix I. The HWIR-Media
rule is an optional rule; States can partially adopt the rule if it has
in place another mechanism to address those hazardous wastes. The TCEQ
did not adopt 40 CFR 270.11(d)(1)-(3), 270.68, 270.73(a), 270.79,
270.80(a)-(f), 270.85(a)-(c), 270.95, 270.100, 270.105, 270.110
introduction through 270.110(i), 270.115, 270.120, 270.125, 270.130(a)-
(b), 270.135 introduction through 270.135(c), 270.140 introduction
through 270.140(c), 270.145(a) introduction through 270.145(d)(3),
270.150(a)-(g), 270.155(a) introduction through 270.155(b), 270.160
introduction through 270.160(c), 270.165, 270.170, 270.175(a)
introduction through 270.175(c), 270.180(a)-(b), 270.185, 270.190(a)-
(d), 270.195, 270.200, 270.205, 270.210 introduction through
270.210(b), 270.215(a), 270.215(a)-(d), 270.220(a)-(b), 270.225, and
270.230(a) through 270.230(e)(2). Therefore, the Federal rules listed
in this document that the State did not adopt are not part of the
authorized program. However, the TCEQ has an Office of Remediation
which is responsible for the cleanup of releases of hazardous waste and
pollutants so that threats to human health and the environment are
controlled or eliminated. The TCEQ rules which address the Remedial
Action Plan requirement of the HWIR-media rule are covered in the Texas
Risk Reduction Program rules at 30 Tex. Admin. Code Ch. 350 and 30 Tex.
Admin. Code Section 350.75. The Texas Risk Reduction Rules are not part
of Texas' authorized Federal RCRA program.
F. What Changes Are We Authorizing With Today's Action?
On March 28, 2002, the State of Texas submitted a final complete
program revision application, seeking authorization of their changes in
accordance with 40 CAR 271.21. Texas' revisions consist of regulations
which specifically govern Federal Hazardous Waste promulgated from July
1, 1995, to June 30, 2000 ( RCRA Clusters VII through X). Texas'
requirements are included in a chart with this document. The EPA is now
proposing certain revisions to the Texas Hazardous Waste Program. The
proposed revisions are:
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and
(include checklist , if page (and/or RCRA statutory Analogous State authority
relevant) authority)
----------------------------------------------------------------------------------------------------------------
1. Criteria for Classification of Solid 61 FR 34252 July 01, 1996.... Texas Water Code Annotated Section
Waste Disposal Facilities and 5.103 (Vernon 2000), effective
Practices; Identification and Listing September 1, 1995, as amended; Texas
of Hazardous Waste; Requirements for Health & Safety Code Annotated Section
Authorization of State Hazardous Waste 361.017 (Vernon 2001), effective
Programs. (Checklist 153). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.78(f)(3)(A)-G and (g)(3)(A)-(G),
effective October 19, 1998.
[[Page 13131]]
2. Hazardous Waste Treatment; Storage 61 FR 59931 November 25, Texas Water Code Annotated Section
and Disposal Facilities and Hazardous 1996; 59 FR 62896 December 5.103 (Vernon 2000), effective
Waste Generators; Organic Air Emission 6, 1994; 60 FR 26828 May 19, September 1, 1995, as amended; Texas
Standards for Tanks, Surface 1995; 60 FR 50426 September Health & Safety Code Annotated Section
Impoundments and Containers. 29, 1995; 60 FR 56952 361.017 (Vernon 2001), effective
(Checklists 154, 154.1, 154.2, 154.3, November 13, 1995; 61 FR September 1, 1995, as amended; Texas
154.4, 154.5, and 154.6). 4903; 61 FR 28508 June 5, Health & Safety Code Annotated Section
1996. 361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.061 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.31, effective November 15, 2001,
as amended; Section 335.24(e), and,
effective April 4, 1999, as amended,
Sections 335.69(f)(2), 335.69(a)(1)(A)-
(B), effective November 15, 2001, as
amended; and 305.50(4)(A), effective
November 18, 2001. Sections
335.152(a)(1), 335.152(a)(4),
335.152(a)(7)-(9), 335.152(a)(16)-
(19), effective November 18, 2001;
335.111(a), effective November 15,
2001; 335.112(a)(1), 335.112(a)(4),
335.112(a)(8)-(10), 335.112(a)(19)-
(21), 335.112(a)(24), effective
November 18, 2001; 305.122(a),
effective November 15, 2001, as
amended.
3. Land Disposal Restrictions Phase III- 62 FR 1992 January 14,1997... Texas Water Code Annotated Section
Emergency Extension of the K088 5.103 (Vernon 2000), effective
Capacity Variance. (Checklist 155). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.341(c), effective April 30, 2000.
4. Military Munitions Rule; Hazardous 62 FR 6622 February 12, 1997. Texas Water Code Annotated Section
Waste Identification and Management 5.103 (Vernon 2000), effective
Explosives Emergencies; Manifest September 1, 1995, as amended; Texas
Exemptions for Transport of Hazardous Health & Safety Code Annotated Section
Waste on Right-of-Ways on Contiguous 361.017 (Vernon 2001), effective
Properties. (Checklist 156). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Section
361.061 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Section
361.061 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Sections
335.1, and 335.61, effective April 12,
2001, as amended; Sections 335.10 (h),
effective May 20, 1999, 335.91 (f),
and (g), 335.41(d)(2), effective April
12, 2001, as amended, 335.271,
335.272, effective April 12, 2001, as
amended; 335.152(a)(4),
335.152(a)(20), 335.112(a)(4),
335.112(a)(22), effective November 18,
2001, as amended and 305.69(j)
effective April 12, 2001, as amended.
[[Page 13132]]
5. Land Disposal Restrictions--Phase IV: 62 FR 25998 May 12, 1997..... Texas Water Code Annotated Section
Treatment Standards for Wood Preserving 5.103 (Vernon 2000), effective
Wastes, Paperwork Reduction and September 1, 1995, as amended; Texas
Streamlining, Exemptions From RCRA for Health & Safety Code Annotated Section
Certain Processed Materials; and 361.017 (Vernon 2001), effective
Miscellaneous Hazardous Waste September 1, 1995, as amended; Texas
Provisions. (Checklist 157). Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.431, effective April 30, 2000, as
amended; 30 Texas Administrative Code
Section 335.1 (definition of solid
waste), effective May 30, 2001, as
amended; 335.17(a)(9)-(12), and
335.24(c)(2), effective April 4, 1999
as amended. The State law is more
stringent than the Federal rule
because the State does not have
provisions equivalent to 40 CFR
268.(a)(10) regarding tolling
agreements. State law has no provision
equivalent to 40 CFR 268.44(a), under
which EPA may assure a variance from
an applicable treatment standard.
6. Hazardous Waste Management System; 62 FR 32452 June 13, 1997.... Texas Water Code Annotated Section
Testing and Monitoring Activities. 5.103 (Vernon 2000), effective
(Checklist 158). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.31, effective October 19, 1998;
Sections 335.152(a)(17)-(18),
335.152(a)(22)(E), 335.112(a)(19)-
(20), effective April 12, 2001;
335.221(a)(15), 335.221(17)-(18),
effective April 4, 1999 and
335.221(a), effective April 4, 1999.
7. Hazardous Waste Management System; 62 FR 32974 June 17, 1997.... Texas Water Code Annotated Section
Carbamate Production, Identification 5.103 (Vernon 2000), effective
and Listing of Hazardous Waste; Land September 1, 1995, as amended; Texas
Disposal Restrictions. (Checklist 159). Health & Safety Code Annotated Section
361.003 (Vernon 2001), effective
September 1, 1991, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, 30 Texas
Administrative Code Section 335.1 (def
of Hazardous waste), effective January
26, 1994, as amended and Section
335.29, effective April 4, 1999.
8. Land Disposal Restrictions Phase III-- 62 FR 37694 July 14, 1997.... Texas Water Code Annotated Section
Emergency Extension of the K088 5.103 (Vernon 2000), effective
National Capacity Variance. (Checklist September 1, 1995, as amended; Texas
160). Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.431(c), effective April 30, 2000.
[[Page 13133]]
9. Second Emergency Revision of the Land 62 FR 45568 August 28, 1997.. Texas Water Code Annotated Section
Disposal Restrictions (LDR) Treatment 5.103 (Vernon 2000), effective
Standards for Listed Hazardous Wastes September 1, 1995, as amended; Texas
From Carbamate Production. (Checklist Health & Safety Code Annotated Section
161). 361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.431(c), effective April 30, 2000.
10. Organic Air Emission Standards for 62 FR 64636 December 8, 1997. Texas Water Code Annotated Section
Tanks, Surface Impoundments, and 5.103 (Vernon 2000), effective
Containers; Clarification and Technical September 1, 1995, as amended; Texas
Amendments. (Checklist 163). Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Sections
335.152(a)(1), 335.152(a)(4),
335.152(a)(17)-(19); 335.112(a)(1),
335.112(a)(4), 335.112(a)(19)-(21),
335.112(a)(24), effective November 18,
2001, as amended; 305.50(4)(A),
effective March 21, 2000.
11. Kraft Mill Steam Stripper Condensate 63 FR 18504 April 15, 1998... Texas Water Code Annotated Section
Exclusion. (Checklist 164). 5.103 (Vernon 2000), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.1 (definition of solid waste)
(A)(iv), effective November 15, 2001.
12. Recycled Used Oil Management 63 FR 24963 May 6, 1998...... Texas Water Code Annotated Section
Standards; Technical Correction and 5.103 (Vernon 2000), effective
Clarification. (Checklist 166). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Chapter
371, effective September 1, 1991, as
amended; 30 Texas Administrative Code
Section 355.78(j), effective October
19, 1998; Section 335.24(c)(4)(A)-(C),
effective April 14, 1999; Sections
324.1, 324.3, 324.6, 324.11-14,
effective August 8, 1999.
13. Land Disposal Restrictions Phase IV- 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Treatment Standards for Metal Wastes 5.103 (Vernon 2000), effective
and Mineral Processing Wastes. September 1, 1995, as amended; Texas
(Checklist 167 A). Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.1 (definition of a hazardous
waste), effective January 26, 1994, as
amended; Section 335.1 (A)(iv)
(definition of solid waste), effective
May 30, 2001, as amended; Section
335.431(c), effective November 15,
2001.
[[Page 13134]]
14. Land Disposal Phase IV--Hazardous 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Soils Treatment Standards and 5.103 (Vernon 2000), effective
Exclusions. (Checklist 167 B). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.69(f)(4)(C), effective March 18,
2001; Section 335.431(c), effective
November 15, 2001. State law has no
provision equivalent to 40 CFR
268.44(a), under which EPA may assure
a variance from an applicable
treatment standard.
15. Land Disposal Restrictions Phase IV-- 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Corrections. (Checklist 167 C). 5.103 (Vernon 2000), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.431(c), effective November 15,
2001 and Section 335.431, effective
April 30, 2000, as amended. State law
has no provision equivalent to 40 CFR
268.44(a), under which EPA may assure
a variance from an applicable
treatment standard.
16. Mineral Processing Secondary 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Material Exclusion. (Checklist 167 D). 5.103 (Vernon 2000), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.1 (definition of solid waste),
effective May 30, 2001.
17. Bevil Exclusion Revision and 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Clarification. (Checklist 167 E). 5.103 (Vernon 2000), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.1 (definition of solid waste)
(A)(iv), effective May 30, 2001 as
amended; 335.1 (definition of a
hazardous waste, effective January 26,
1994, as amended.
18. Exclusion of Recycled Wood 63 FR 28556 May 26, 1998..... Texas Water Code Annotated Section
Preserving Wastewater. (Checklist 167 5.103 (Vernon 2000), effective
F). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1989, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.1 (definition of solid waste)
(A)(iv), effective May 30, 2001 as
amended; 335.1 (definition of a
hazardous waste, effective January 26,
1994, as amended.
[[Page 13135]]
19. Hazardous Waste Combustors Revised 63 FR 33782 June 19, 1998.... Texas Water Code Annotated Section
Standards. (Checklist 168). 5.103 (Vernon 2000), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Sections
335.1 (definition of solid
waste)(A)(iv), effective May 30, 2001;
Sections 305.69(i), 305.69(k),
effective April 12, 2001;
305.51(a)(8), effective December 5,
1999.
20. Petroleum Refining Process 63 FR 42110 August 6, 1998; Texas Water Code Annotated Section
(Checklist 169 &169.1). 63 FR 54356 October 9, 1998. 5.103 (Vernon 2000), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.003; Texas Health & Safety Code
Annotated Section 361.017 (Vernon
2001), effective September 1, 1995, as
amended; Texas Health & Safety Code
Annotated Section 361.024 (Vernon
2001), effective September 1, 1995, as
amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon
2001), effective September 1, 1989, as
amended; 30 Texas Administrative Code
Section 335.1 (definition of hazardous
waste) effective January 26, 1994, as
amended, 335.1(129)(A)(iv) (def. of a
solid waste), effective May 30, 2001,
as amended; 335.431, effective April
30, 2000, as amended.
21. Land Disposal Restrictions Phase IV-- 63 FR 46332 August 31, 1998.. Texas Water Code Annotated Section
Zinc Micronutrient Fertilizers, 5.103 (Vernon 2000), effective
Administrative Stay. (Checklist 170). September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative Code Section
335.431, effective November 15, 2001.
22. Emergency Revision of Land Disposal 63 FR 47409 September 4, 1998 Texas Water Code Annotated Section
Restrictions (LDR) Treatment Standards 5.103 (Vernon 2000), effective
for Listed Hazardous Waste from September 1, 1995, as amended; Texas
Carbamate Production. (Checklist 171). Health & Safety Code Annotated Section
361.017 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective
September 1, 1995, as amended; Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective
September 1, 1989, as amended; 30
Texas Administrative
