Texas: Final Authorization of State Hazardous Waste Management Program Revision, 34371-34380 [05-11663]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
34371
ARIZONA—OZONE (1-HOUR STANDARD)—Continued
Designation
Classification
Designated area
Date
Type
Date
Type
22. Thence, southerly along the extension of the western boundary and along the
western boundary of Estrella Mountain Regional Park to a point where the
southern extension of the western boundary of Estrella Mountain Regional Park
intersects with the southern line of Township 1 South;
23. Thence, easterly along the southern line of Township 1 South to a point where
the south line of Township 1 South intersects with the western line of Range 1
East, which line is generally the southern boundary of Estrella Mountain Regional Park;
24. Thence, southerly along the western line of Range 1 East to the southwest
corner of Section 18, Township 2 South, Range 1 East, said line is the western
boundary of the Gila River Indian Reservation;
25. Thence, easterly along the southern boundary of the Gila River Indian Reservation which is the southern line of Sections 13, 14, 15, 16, 17, and 18, Township 2 South, Range 1 East, to the boundary between Maricopa and Pinal
Counties as described in Arizona Revised Statutes Section 11–109 and 11–113,
which is the eastern line of Range 1 East;
26. Thence, northerly along the eastern boundary of Range 1 East, which is the
common boundary between Maricopa and Pinal Counties, to a point where the
eastern line of Range 1 East intersects the Gila River;
27. Thence, southerly up the Gila River to a point where the Gila River intersects
with the southern line of Township 2 South; and
28. Thence, easterly along the southern line of Township 2 South to the point of
beginning which is a point where the southern line of Township 2 South intersects with the eastern line Range 7 East.
*
*
*
*
*
[FR Doc. 05–10792 Filed 6–13–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7924–1]
Texas: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is granting Texas
final authorization of changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The Agency published a
proposed rule on March 18, 2005, and
provided for public comment. The
public comment period ended on April
18, 2005. We received no comments. No
further opportunity for comment will be
provided. EPA has determined that
Texas’ program revisions satisfy all the
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this final action.
DATES: This final authorization will be
effective on June 14, 2005.
ADDRESSES: You can view and copy
Texas’s application and associated
publicly available materials from 8:30
SUMMARY:
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
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.
On March
18, 2005, U.S. EPA published a
proposed rule (70 FR 13127) proposing
to grant Texas authorization for changes
to its Resource Conservation and
Recovery Act program, listed in section
D of that notice, which was subject to
public comment. No comments were
received. We hereby determine that
Texas’ hazardous waste program
revisions satisfy all of the requirements
necessary to qualify for final
authorization.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from the EPA under RCRA
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
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.
B. What Decisions Have We Made in
This Rule?
We conclude that Texas’ application
to revise its authorized program meets
all of the statutory and regulatory
requirements established by RCRA.
Therefore, we propose to grant Texas
Final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Texas has the responsibility
for permitting treatment, storage, and
disposal facilities within its borders
(except in Indian Country) and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
E:\FR\FM\14JNR1.SGM
14JNR1
34372
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
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 decision means 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, and 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. Proposed Rule
On March 18, 2005, (70 FR 13127),
EPA published a proposed rule. In that
rule we proposed granting authorization
of changes to Texas’ hazardous waste
program and opened our decision to
public comment. The Agency received
no comments on this proposal. EPA
found Texas’ RCRA program to be
satisfactory.
E. What Has the State of Texas
Previously Been Authorized For?
Texas received final authorization to
implement its Hazardous Waste
Management Program on December 12,
1984, effective December 26, 1984 (49
FR 48300). This authorization was
clarified in a notice published in the
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. 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 the
State has in place other 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, these 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 CFR 271.21. Texas’
revisions consist of regulations which
specifically govern Federal Hazardous
Waste promulgated from July 1, 1995, to
June 30, 2000 (RCRA Clusters VII
through X). We now make a final
decision, that Texas’ hazardous waste
program revision satisfies all of the
requirements necessary to qualify for
Final authorization. Therefore, we
propose to grant Texas Final
authorization for the following program
changes:
Description of Federal requirement
(include checklist No., 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.
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
Description of Federal requirement
(include checklist No., if relevant)
34373
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
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 ....
5.
62 FR 25998 May 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 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.
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 335.431, effective April
30, 2000, as amended; 30 Texas Administrative Code Sections
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.
2.
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).
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
34374
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
Description of Federal requirement
(include checklist No., if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
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 ..........
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 ..
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.
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.
11. Kraft Mill Steam Stripper Con- 63 FR 18504 April 15, 1998 .........
densate Exclusion. (Checklist 164).
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
34375
Description of Federal requirement
(include checklist No., if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
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 ..........
14. Land Disposal Phase IV—Hazardous Soils Treatment Standards
and Exclusions. (Checklist 167 B).
63 FR 28556 May 26, 1998 ..........
15. Land Disposal Phase IV—Corrections. (Checklist 167 C).
63 FR 28556 May 26, 1998 ..........
16. Mineral Processing Secondary
Material
Exclusion.
(Checklist
167D).
63 FR 28556 May 26, 1998 ..........
17. Bevil Exclusion Revision and
Clarification. (Checklist 167E).
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; Texas Health & Safety Code Annotated Chapter 371, effective
September 1, 1991, as amended; 30 Texas Administrative Code
Section 3355.78(j), effective October 19, 1998; Sections
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 § 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 hazardous waste), effective January 26,
1994, as amended; Section 335.1(A)(iv) (definition of solid waste)
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 335.1 (definition of a
hazardous waste), effective January 26, 1994, as amended; Section 335.1(A)(iv) (definition of 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, 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 Waster 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 as amended;
335.1(definition of a hazardous waste, effective January 26, 1994,
as amended; 335.1(definition of solid waste), effective May 30,
2001.
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
34376
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
Description of Federal requirement
(include checklist No., if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
18. Exclusion of Recycled Wood
Preserving Wastewater. (Checklist
167F).
63 FR 28556 May 26, 1998 ..........
19. Petroleum Refining Process.
(Checklist 169 & 169.1).
63 FR 42110 August 6, 1998; 63
FR 54356 October 9, 1998.
20. Land Disposal Restrictions
Phase IV—Zinc Micronutrient Fertilizers,
Administrative
Stay.
(Checklist 170).
63 FR 46332 August 31, 1998 .....
21. Emergency Revision of Land
Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Waste from Carbamate
Production. (Checklist 171).
63 FR 47409 September 4, 1998
22. Land Disposal Restrictions
Phase IV—Extension of Compliance Date for Characteristic
Slags. (Checklist 172).
63 FR 48124 September 9, 1998
23. Land Disposal Restrictions—
Treatment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088). (Checklist 173).
63 FR 51254 September 24, 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 Sections 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 361.003; 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 Sections 335.1 (definition of
hazardous waste) effective January 26, 1994, as amended,
335.1(129)(A)(iv) (definition of a solid waste), effective May 30,
2001, as amended; 335.431, effective April 30, 2000. as amended.
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 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.
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), 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.
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.
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
34377
Description of Federal requirement
(include checklist No., if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
24. Hazardous Remediation Waste
Management
Requirements
(HWIR–Media). (Checklist 175).
63 FR 65874 November 30, 1998
25. Universal Waste Rule—Technical Amendments. (Checklist
176).
63 FR 71225 December 24, 1998
26. Organic Air Emission Standards:
Clarification
and
Technical
Amendments. (Checklist 177).
64 FR 3382 January 21, 1999 ......
27. Petroleum Refining Process
Wastes—Leachate
Exemption.
(Checklist 178).
64 FR 6806 February 11, 1999 ....
28. Land Disposal Restrictions
Phase IV—Technical Corrections
and Clarifications to Treatment
Standards. (Checklist 179).
64 FR 25408 May 11, 1999 ..........
29. 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 .........
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.
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 a hazardous waste), effective January 26,
1994, (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.
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
34378
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
Description of Federal requirement
(include checklist No., if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
30. Universal Waste Rule: Specific
Provisions for Hazardous Waste
Lamps. (Checklist 181).
64 FR 36466 July 6, 1999 ............
31. 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.
32. Land Disposal Restrictions
Phase IV—Technical Corrections.
(Checklist 183).
64 FR 56469 October 20, 1999 ....
33. Waste Water Treatment Sludges
from Metal Finishing Industry;
180-day
Accumulation
time.
(Checklist 184).
65 FR 12378 March 8, 2000 ........
34.
Organobromine
Production
Waste. (Checklist 185).
65 FR 14472 March 17, 2000 ......
35. Hazardous Waste Combustors
Revised Standards. (Checklist
168).
63 FR 33782 June 19, 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 335.1 (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) (definition of solid waste), effective November 15, 2001,
335.152(a)(13), 335.112(a)(14), effective November 18, 2001; November 19, Section 305.50(4)(A), effective March 21, 2001; 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.
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 3610.017 (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.
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.
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
E:\FR\FM\14JNR1.SGM
14JNR1
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
G. What Is the Relationship Between
the Resource Conservation and
Recovery Act and the Hazardous Waste
Combustor MACT? How Does This
Affect Delegation of This Standard to
TCEQ’s Authorization?
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 waste
combustors (HWCs): incinerators,
cement kilns, and light-weight aggregate
kilns (64 FR 52828). The EPA
promulgated this rule under joint
authority of the Clean Air Act (CAA)
and (RCRA). Before this rule went into
effect, the air emissions from these three
types of HWCs were primarily regulated
under the authority of RCRA (see 40
CFR parts 264, 265, 266, and 270).
However, with the release of the final
HWC NESHAP (see 40 CFR part 63,
subpart EEE), the air emissions from
these sources are now regulated under
RCRA and CAA. Even though both
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 section 3005(c)(3) of RCRA,
which requires that each RCRA permit
contain terms and conditions necessary
to protect human health and the
environment. Under this provision of
RCRA, if a regulatory authority
determines that more stringent
conditions than the HWC NESHAP are
necessary to protect human health and
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
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
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 EPA considers the following State
requirements to be more stringent than
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. The State
law has no provision equivalent to 40
CFR 268.44(a), under which EPA may
approve a variance from an applicable
treatment standard. In this
authorization, there are no broader in
scope provisions. 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 permits
for all the provisions for which it is
authorized and will administer the
permits it issues. The EPA will continue
to administer any RCRA hazardous
waste permits or portions of permits
which we issued prior to the effective
date of this authorization. Upon
authorization of the State program, EPA
will suspend issuance of Federal
permits for hazardous waste treatment,
storage, and disposal facilities for which
the State is receiving authorization. EPA
will not issue any more new permits or
new portions of permits for the
provisions listed in the Table above
after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which State of Texas is
not yet authorized.
J. 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.
K. 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.
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
34379
M. Administrative Requirements
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 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
National Technology Transfer and
E:\FR\FM\14JNR1.SGM
14JNR1
34380
Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Rules and Regulations
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 waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: May 25, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 05–11663 Filed 6–13–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–7922–6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
AGENCY:
Environmental Protection
Agency.
Notice of partial deletion of the
Surface Soils of the South Tacoma Field
(STF) Operable Unit of Commencement
Bay—South Tacoma Channel Superfund
Site from the National Priorities List.
ACTION:
SUMMARY: The U.S. Environmental
Protection Agency (EPA) Region 10
announces the deletion of the surface
soils at the South Tacoma Field
Operable Unit of the South Tacoma
Channel Superfund Site (the Site) from
the National Priorities List (NPL). The
NPL is defined in Appendix B of 40 CFR
part 300 which is the National Oil and
VerDate jul<14>2003
19:17 Jun 13, 2005
Jkt 205001
Hazardous Substances Pollution
Contingency Plan (NCP), which EPA
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA), as amended.
This partial deletion pertains to the
South Tacoma Field soils portion of the
Site. This partial deletion does not
pertain to the groundwater portion of
the South Tacoma Field or to other
operable units of the South Tacoma
Channel Site. EPA and the State of
Washington have determined that the
Site poses no significant threat to public
health or the environment. All
appropriate response actions for soils
have been implemented, therefore, no
further remedial measures pursuant to
CERCLA are appropriate. Partial
deletion of STF soils from the NPL will
not affect the status of STF soils on any
Washington Department of Ecology
(Ecology) lists and does not preclude
Ecology from conducting future
investigations or requiring response
under State law on any portion of the
Site.
EFFECTIVE DATE: June 14, 2005.
FOR FURTHER INFORMATION CONTACT: Kris
Flint, Remedial Project Manager, U.S.
Environmental Protection Agency,
Region 10, 1200 Sixth Avenue, ECL–
111, Seattle, Washington 98101, (206)
553–8155.
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Surface
Soils of the South Tacoma Field
Operable Unit of the Commencement
Bay-South Tacoma Channel. A Notice of
Intent to Delete for this Site was
published in the Federal Register on
April 11, 2005 (70 FR 18347). The
closing date for comments was May 11,
2005. One public comment was received
expressing general support of the
proposed decision and does not require
a responsiveness summary. Also during
the public comment period, EPA
received written concurrence on the
proposed decision from the Agency for
Toxic Substances and Disease Registry
(ATSDR).
EPA identifies sites that appear to
present a significant risk to public
health, welfare, or the environment and
it maintains the NPL as the list of those
sites. Any site deleted from the NPL
remains eligible for Fund-financed
remedial action in the unlikely event
that conditions at the site warrant such
action. Section 300.425(e)(3) of the NCP
states that Fund-financed actions may
be taken at sites deleted from the NPL.
Deletion of a site from the NPL does not
affect responsible party liability or
impede agency efforts to recover costs
associated with response efforts.
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovermental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: May 31, 2005.
Julie Hagensen,
Acting Regional Administrator, Region 10.
For the reasons set out in the preamble,
part 300 title 40 of Chapter 1 of the CFR,
is amended as follows:
I
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Authority: 42 U.S.C. 9601–9657; 33 U.S.C.
1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., P.351; E.O. 12580.52 FR 2923.3
CFR, 1987 Comp., p.193.
Appendix B—[Amended]
2. Table 1 of Appendix B to part 300
is amended by adding a ‘‘P’’ in the Notes
column for the entry ‘‘Commencement
Bay, South Tacoma Channel,’’ in WA.
I
[FR Doc. 05–11467 Filed 6–13–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[FRL–7923–7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency.
ACTION: Notice of Deletion of the Naval
Magazine Indian Island Superfund Site,
Port Hadlock from the National
Priorities List.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) Region 10 announces the
deletion of the Naval Magazine Indian
Island Superfund Site, Port Hadlock,
Washington, from the National Priorities
List (NPL). The NPL is defined in
Appendix B of 40 CFR part 300 which
is the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP), which EPA promulgated
pursuant to Section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA), as amended.
EPA and the State of Washington have
determined that the Site poses no
significant threat to public health or the
environment. All appropriate response
E:\FR\FM\14JNR1.SGM
14JNR1
]]>Agencies
[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34371-34380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11663]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7924-1]
Texas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is granting Texas final authorization of changes to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The Agency published a proposed rule on March 18,
2005, and provided for public comment. The public comment period ended
on April 18, 2005. We received no comments. No further opportunity for
comment will be provided. EPA has determined that Texas' program
revisions satisfy all the requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
final action.
DATES: This final authorization will be effective on June 14, 2005.
ADDRESSES: 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.
SUPPLEMENTARY INFORMATION: On March 18, 2005, U.S. EPA published a
proposed rule (70 FR 13127) proposing to grant Texas authorization for
changes to its Resource Conservation and Recovery Act program, listed
in section D of that notice, which was subject to public comment. No
comments were received. We hereby determine that Texas' hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization.
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.
B. What Decisions Have We Made in This Rule?
We conclude that Texas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Texas Final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Texas has the
responsibility for permitting treatment, storage, and disposal
facilities within its borders (except in Indian Country) and for
carrying out the aspects of the RCRA program described in its revised
program application, subject to the limitations of the Hazardous and
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and
prohibitions imposed by Federal
[[Page 34372]]
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 decision means 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, and 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. Proposed Rule
On March 18, 2005, (70 FR 13127), EPA published a proposed rule. In
that rule we proposed granting authorization of changes to Texas'
hazardous waste program and opened our decision to public comment. The
Agency received no comments on this proposal. EPA found Texas' RCRA
program to be satisfactory.
E. What Has the State of Texas Previously Been Authorized For?
Texas received final authorization to implement its Hazardous Waste
Management Program on December 12, 1984, effective December 26, 1984
(49 FR 48300). This authorization was clarified in a notice published
in the 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. 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 the
State has in place other 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, these 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 CFR 271.21. Texas' revisions consist of regulations
which specifically govern Federal Hazardous Waste promulgated from July
1, 1995, to June 30, 2000 ( RCRA Clusters VII through X). We now make a
final decision, that Texas' hazardous waste program revision satisfies
all of the requirements necessary to qualify for Final authorization.
Therefore, we propose to grant Texas Final authorization for the
following program changes:
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and
(include checklist No., if page (and/or RCRA Analogous state authority
relevant) statutory authority)
----------------------------------------------------------------------------------------------------------------
1. Criteria for Classification of 61 FR 34252 July 01, 1996.. Texas Water Code Annotated Section 5.103
Solid Waste Disposal Facilities (Vernon 2000), effective September 1, 1995,
and Practices; Identification and as amended; Texas Health & Safety Code
Listing of Hazardous Waste; Annotated Section 361.017 (Vernon 2001)
Requirements for Authorization of effective September 1, 1995, as amended;
State Hazardous Waste Programs. Texas Health & Safety Code Annotated Section
(Checklist 153). 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 34373]]
2. Hazardous Waste Treatment; 61 FR 59931 November 25, Texas Water Code Annotated Section 5.103
Storage and Disposal Facilities 1996; 59 FR 62896 December (Vernon 2000), effective September 1, 1995,
and Hazardous Waste Generators; 6, 1994; 60 FR 26828 May as amended; Texas Health & Safety Code
Organic Air Emission Standards for 19, 1995; 60 FR 50426 Annotated Section 361.017 (Vernon 2001),
Tanks, Surface Impoundments and September 29, 1995; 60 FR effective September 1, 1995, as amended;
Containers. (Checklists 154, 56952 November 13, 1995; Texas Health & Safety Code Annotated Section
154.1, 154.2, 154.3, 154.4, 154.5, 61 FR 4903; 61 FR 28508 361.024 (Vernon 2001), effective September 1,
and 154.6). June 5, 1996. 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 62 FR 1992 January 14, 1997 Texas Water Code Annotated Section 5.103
III-Emergency Extension of the (Vernon 2000), effective September 1, 1995,
K088 Capacity Variance. (Checklist as amended; Texas Health & Safety Code
155). 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; 62 FR 6622 February 12, Texas Water Code Annotated Section 5.103
Hazardous Waste Identification and 1997. (Vernon 2000), effective September 1, 1995,
Management Explosives Emergencies; as amended; Texas Health & Safety Code
Manifest Exemptions for Transport Annotated Section 361.017 (Vernon 2001)
of Hazardous Waste on Right-of- effective September 1, 1995, as amended;
Ways on Contiguous Properties. Texas Health & Safety Code Annotated Section
(Checklist 156). 361.024 (Vernon 2001), effective September 1,
1989, as amended; Texas Health & Safety Code
Annotated Section 361.061 (Vernon 2001),
effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Texas
Health & Safety Code Annotated Section
361.078 (Vernon 2001), effective September 1,
1989, as amended; 30 Texas Administrative
Code 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.
5. Land Disposal Restrictions-- 62 FR 25998 May 12, 1997... Texas Water Code Annotated Section 5.103
Phase IV: Treatment Standards for (Vernon 2000), effective September 1, 1995,
Wood Preserving Wastes, Paperwork as amended; Texas Health & Safety Code
Reduction and Streamlining, Annotated Section 361.017 (Vernon 2001)
Exemptions From RCRA for Certain effective September 1, 1995, as amended;
Processed Materials; and Texas Health & Safety Code Annotated Section
Miscellaneous Hazardous Waste 361.024 (Vernon 2001), effective September 1,
Provisions. (Checklist 157). 1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Sections 335.431,
effective April 30, 2000, as amended; 30
Texas Administrative Code Sections 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.
[[Page 34374]]
6. Hazardous Waste Management 62 FR 32452 June 13, 1997.. Texas Water Code Annotated Section 5.103
System; Testing and Monitoring (Vernon 2000), effective September 1, 1995,
Activities. (Checklist 158). as amended; Texas Health & Safety Code
Annotated Section 361.017 (Vernon 2001)
effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective September 1,
1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Section 335.31,
effective October 19, 1998; 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 62 FR 32974 June 17, 1997.. Texas Water Code Annotated Section 5.103
System; Carbamate Production, (Vernon 2000), effective September 1, 1995,
Identification and Listing of as amended; Texas Health & Safety Code
Hazardous Waste; Land Disposal Annotated Section 361.003 (Vernon 2001),
Restrictions. (Checklist 159). 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 62 FR 37694 July 14, 1997.. Texas Water Code Annotated Section 5.103
III-Emergency Extension of the (Vernon 2000), effective September 1, 1995,
K088 National Capacity Variance. as amended; Texas Health & Safety Code
(Checklist 160). Annotated Section 361.017 (Vernon 2001)
effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective September 1,
1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Section 335.431(c),
effective April 30, 2000.
9. Second Emergency Revision of the 62 FR 45568 August 28, 1997 Texas Water Code Annotated Section 5.103
Land Disposal Restrictions (LDR) (Vernon 2000), effective September 1, 1995,
Treatment Standards for Listed as amended; Texas Health & Safety Code
Hazardous Wastes From Carbamate Annotated Section 361.017 (Vernon 2001),
Production. (Checklist 161). 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 62 FR 64636 December 8, Texas Water Code Annotated Section 5.103
for Tanks, Surface Impoundments, 1997. (Vernon 2000), effective September 1, 1995,
and Containers; Clarification and as amended; Texas Health & Safety Code
Technical Amendments. (Checklist Annotated Section 361.017 (Vernon 2001),
163). 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 63 FR 18504 April 15, 1998. Texas Water Code Annotated Section 5.103
Condensate Exclusion. (Checklist (Vernon 2000), effective September 1, 1995,
164). 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.
[[Page 34375]]
12. Recycled Used Oil Management 63 FR 24963 May 6, 1998.... Texas Water Code Annotated Section 5.103
Standards; Technical Correction (Vernon 2000), effective September 1, 1995,
and Clarification. (Checklist 166). as amended; Texas Health & Safety Code
Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective September 1,
1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended;
Texas Health & Safety Code Annotated Chapter
371, effective September 1, 1991, as amended;
30 Texas Administrative Code Section
3355.78(j), effective October 19, 1998;
Sections 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 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Phase IV--Treatment Standards for (Vernon 2000), effective September 1, 1995,
Metal Wastes and Mineral as amended; Texas Health & Safety Code
Processing Wastes. (Checklist 167 Annotated Sec. 361.017 (Vernon 2001),
A). 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 hazardous waste),
effective January 26, 1994, as amended;
Section 335.1(A)(iv) (definition of solid
waste) Section 335.431(c), effective November
15, 2001.
14. Land Disposal Phase IV-- 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Hazardous Soils Treatment (Vernon 2000), effective September 1, 1995,
Standards and Exclusions. as amended; Texas Health & Safety Code
(Checklist 167 B). 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 hazardous waste),
effective January 26, 1994, as amended.
15. Land Disposal Phase IV-- 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Corrections. (Checklist 167 C). (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 5.103
Material Exclusion. (Checklist (Vernon 2000), effective September 1, 1995,
167D). 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 Waster Code Annotated Section 5.103
Clarification. (Checklist 167E). (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 as amended;
335.1(definition of a hazardous waste,
effective January 26, 1994, as amended;
335.1(definition of solid waste), effective
May 30, 2001.
[[Page 34376]]
18. Exclusion of Recycled Wood 63 FR 28556 May 26, 1998... Texas Water Code Annotated Section 5.103
Preserving Wastewater. (Checklist (Vernon 2000), effective September 1, 1995,
167F). 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 Sections
335.1(definition of solid waste)(A)(iv),
effective May 30, 2001 as amended;
335.1(definition of a hazardous waste,
effective January 26, 1994, as amended.
19. Petroleum Refining Process. 63 FR 42110 August 6, 1998; Texas Water Code Annotated Section 5.103
(Checklist 169 & 169.1). 63 FR 54356 October 9, (Vernon 2000), effective September 1, 1995,
1998. 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
Sections 335.1 (definition of hazardous
waste) effective January 26, 1994, as
amended, 335.1(129)(A)(iv) (definition of a
solid waste), effective May 30, 2001, as
amended; 335.431, effective April 30, 2000.
as amended.
20. Land Disposal Restrictions 63 FR 46332 August 31, 1998 Texas Water Code Annotated Section 5.103
Phase IV--Zinc Micronutrient (Vernon 2000), effective September 1, 1995,
Fertilizers, Administrative Stay. as amended; Texas Health & Safety Code
(Checklist 170). Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended;
Texas 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.
21. Emergency Revision of Land 63 FR 47409 September 4, Texas Water Code Annotated Section 5.103
Disposal Restrictions (LDR) 1998. (Vernon 2000), effective September 1, 1995,
Treatment Standards for Listed as amended; Texas Health & Safety Code
Hazardous Waste from Carbamate Annotated Section 361.017 (Vernon 2001),
Production. (Checklist 171). effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), 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.
22. Land Disposal Restrictions 63 FR 48124 September 9, Texas Water Code Annotated Section 5.103
Phase IV--Extension of Compliance 1998. (Vernon 2000), effective September 1, 1995,
Date for Characteristic Slags. as amended; Texas Health & Safety Code
(Checklist 172). 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.
23. Land Disposal Restrictions-- 63 FR 51254 September 24, Texas Water Code Annotated Section 5.103
Treatment Standards for Spent 1998. (Vernon 2000), effective September 1, 1995,
Potliners from Primary Aluminum as amended; Texas Health & Safety Code
Reduction (K088). (Checklist 173). 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.
[[Page 34377]]
24. Hazardous Remediation Waste 63 FR 65874 November 30, Texas Water Code Annotated Section 5.103
Management Requirements (HWIR- 1998. (Vernon 2000), effective September 1, 1995,
Media). (Checklist 175). 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.
25. Universal Waste Rule--Technical 63 FR 71225 December 24, Texas Water Code Annotated Section 5.103
Amendments. (Checklist 176). 1998. (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.
26. Organic Air Emission Standards: 64 FR 3382 January 21, 1999 Texas Health & Safety Code Annotated Section
Clarification and Technical 361.024 (Vernon 2001), effective September 1,
Amendments. (Checklist 177). 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.
27. Petroleum Refining Process 64 FR 6806 February 11, Texas Water Code Annotated Section 5.103
Wastes--Leachate Exemption. 1999. (Vernon 2000), effective September 1, 1995,
(Checklist 178). 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.
28. Land Disposal Restrictions 64 FR 25408 May 11, 1999... Texas Water Code Annotated Section 5.103
Phase IV--Technical Corrections (Vernon 2000), effective September 1, 1995,
and Clarifications to Treatment as amended; Texas Health & Safety Code
Standards. (Checklist 179). 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 a
hazardous waste), effective January 26, 1994,
(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.
29. Guideline for Establishing Test 64 FR 26315 June 14, 1999.. Texas Water Code Annotated Section 5.103
Procedures for the Analysis of Oil (Vernon 2000), effective September 1, 1995,
and Grease and Non-Polar Material as amended; Texas Health & Safety Code
Under the Clean Water Act and Annotated Section 361.017 (Vernon 2001),
Resource Conservation and Recovery effective September 1, 1995, as amended;
Act. (Checklist 180). 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.
[[Page 34378]]
30. Universal Waste Rule: Specific 64 FR 36466 July 6, 1999... Texas Water Code Annotated Section 5.103
Provisions for Hazardous Waste (Vernon 2000), effective September 1, 1995,
Lamps. (Checklist 181). as amended; Texas Health & Safety Code
Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective September 1,
1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Section 335.1
(definition of universal waste), effective
May 30, 2001; Section 335.2(1), effective
April 30, 2000; Section 335.41(j), effective
April 12, 2001; Section 335.151(b), effective
February 22, 1994; Sections 335.261(a)-(b),
effective April 30, 2000; and Section
335.431(b)(3), effective November 15, 2001.
31. NESHAPS: Final Standards for 64 FR 52827 September 30, Texas Water Code Annotated Section 5.103
Hazardous Air Pollutants for 1999; 64 FR 63209 November (Vernon 2000), effective September 1, 1995,
Hazardous Waste Combustors, 19, 1999. as amended; Texas Health & Safety Code
Miscellaneous Units, and Secondary Annotated Section 361.017 (Vernon 2001),
Lead Smelters; Clarification of effective September 1, 1995, as amended;
BIF Requirements Technical Texas Health & Safety Code Annotated Section
Correction to Fast-track Rule 361.024 (Vernon 2001), effective September 1,
(MACT Rule). (Checklists 182 & 1995, as amended; Texas Health & Safety Code
182.1). Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Sections
335.1(129)(A)(iv) (definition of solid
waste), effective November 15, 2001,
335.152(a)(13), 335.112(a)(14), effective
November 18, 2001; November 19, Section
305.50(4)(A), effective March 21, 2001;
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.
32. Land Disposal Restrictions 64 FR 56469 October 20, Texas Water Code Annotated Section 5.103
Phase IV--Technical Corrections. 1999. (Vernon 2000), effective September 1, 1995,
(Checklist 183). as amended; Texas Health & Safety Code
Annotated Section 361.017 (Vernon 2001),
effective September 1, 1995, as amended;
Texas Health & Safety Code Annotated Section
361.024 (Vernon 2001), effective September 1,
1995, as amended; Texas Health & Safety Code
Annotated Section 361.078 (Vernon 2001),
effective September 1, 1989, as amended; 30
Texas Administrative Code Section 335.1
(definition of a hazardous waste), effective
January 26, 1994, as amended; Section
335.431(c) effective November 15, 2001.
33. Waste Water Treatment Sludges 65 FR 12378 March 8, 2000.. Texas Water Code Annotated Section 5.103
from Metal Finishing Industry; 180- (Vernon 2000), effective September 1, 1995,
day Accumulation time. (Checklist
